EPIC

MEMORANDUM AND ORDER

Re Attorneys’ Fees

(On Remand)

Plaintiffs Environmental Protection Information Center (“EPIC”) and Sierra Club brought this action against defendants Pacific Lumber Company and its subsidiaries Scotia Pacific Holding Company and Salmon Creek Corporation (collectively “PALCO”) alleging violations of section 7(d) of the Endangered Species Act (“ESA”), 16 U.S.C. § 1536 (d), and seeking declaratory and injunctive relief. The court awarded the requested injunctive relief in an interim order on September 3, 1998, thereby prohibiting PALCO from conducting or allowing logging activities within the boundaries of Timber Harvest Plans (“THP”) Nos. 1-96-413 HUM, 1-96-307 HUM and 1-97-286 HUM. The court memorialized this order on March 15, 1999. On May 5, 1999, this court granted defendants’ motion for summary judgment and dismissed the action as moot because the consultation period required by ESA section 7(d) had ended, terminating PAL-CO’s duty to refrain from making any further irretrievable commitment of resources. On August 20, 1999, the court recognized plaintiffs’ substantial success in this litigation by awarding attorneys’ fees pursuant to the ESA, 16 U.S.C. §…