Citizens for Better Forestry v. U.S. Department of Agriculture

Peter M.K. Frost, Western Environmental Law Center, Eugene, OR, for the plaintiffs-appellees.

Before: PROCTER HUG, JR., MELVIN BRUNETTI and RICHARD R. CLIFTON, Circuit Judges.

Opinion by Judge CLIFTON; Dissent by Judge HUG.

CLIFTON, Circuit Judge:

The United States Department of Agriculture ("USDA"), which includes the Forest Service, appeals the district court's award of attorneys' fees to Citizens for Better Forestry and eleven other environmental groups (collectively, "Citizens") under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412 (d)(1)(A). In the underlying action, Citizens sought declaratory and injunctive relief against the USDA for its promulgation of a new national forest management rule. We reversed the district court's dismissal of Citizens' suit on standing and ripeness grounds and remanded for a ruling on Citizens' motion for injunctive relief. Before the district court could reconsider the motion, the USDA withdrew the contested rule. Citizens then stipulated to dismiss its case and moved for attorneys' fees. Because Citizens received no relief from any court, it does not qualify as a "prevailing party" under the EAJA and, therefore, is not entitled…

dissenting:

I respectfully dissent.

Citizens filed a suit that, among other things, sought a ruling that USDA had violated the provisions of NEPA by failing to give appropriate notice of the promulgation of a new rule to replace the 2000 Plan Development Rule. The district court ruled that Citizens lacked standing to sue and that the procedural challenges were not ripe for review. Citizens appealed, contending that it did have standing and that the matter was ripe for review.

The USDA invited our court also to rule on the merits of the NEPA claim. In its reply brief, the USDA stated: “Even if the Court finds that [Citizens] has standing and that its NEPA and ESA claims are ripe, it should affirm the district court’s grant of summary judgment and denial of injunctive relief on the alternative ground that [Citizen]’s claims fail on the merits.” We held that Citizens had standing and the case was ripe for review, and also held that the USDA violated NEPA in promulgating the new rule. Citizens for Better Forestry v. U.S. Dep’t of Agric., 341 F.3d 961, 965, 970 (9th Cir.2003). The holding on the NEPA violation was, in effect, the equivalent of a declaratory ruling made at the…

The United States Department of Agriculture (“USDA”), which includes the Forest Service, appeals - the district court’s award of attorneys’ fees to Citizens for Better Forestry and eleven other environmental groups (collectively, “Citizens”) under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 (d)(1)(A). In the underlying action, Citizens sought declaratory and injunctive relief against the USDA for its promulgation of a new national forest management rule. We reversed the district court’s dismissal of Citizens’ suit on standing and ripeness *1130 grounds and remanded for a ruling on Citizens’ motion for injunctive relief. Before the district court could reconsider the motion, the USDA withdrew the contested rule. Citizens then stipulated to dismiss its case and moved for attorneys’ fees. Because Citizens received no relief from any court, it does not qualify as a “prevailing party” under the EAJA and, therefore, is not entitled to fees.

I. Background

On February 16, 2001, Citizens brought suit in the Northern District of California, alleging that the USDA had committed procedural violations of the National Environmental Policy Act (“NEPA”) and the Endangered Species…