Daley

ORDER GRANTING IN PART PLAINTIFFS’ MOTION FOR AWARD OF ATTORNEYS’ FEES AND COSTS

On October 5, 2001, the Court heard argument on plaintiffs’ motion for award of attorheys’ fees and costs. Having carefully considered the arguments of the parties and the papers submitted, the Court GRANTS IN PART plaintiffs’ motion.

BACKGROUND

This is a motion for fees and costs incurred by plaintiffs in an action challenging a Final Rule of March 19, 1998 by the Secretary of Commerce, acting through the National Marine Fisheries Service (“NMFS”), not to list the Klamath Mountains Province Evolutionarily Significant Unit (“ESU”) of steelhead as a threatened species under the Endangered Species Act (“ESA”). Plaintiffs brought this action under the citizen suit provision of the ESA, 16 U.S.C. § 1540 (g), and the Administrative Procedure Act (“APA”), 5 U.S.C. § 706 (2). On October 25, 2000, this Court filed an order granting plaintiffs’ motion for summary judgment, denying defendants’ cross-motion for summary judgment, and remanding to defendant secretary for further consideration and decision. See Federation of Fly Fishers v. Daley, 131 F.Supp.2d 1158 (N.D.Cal.2000). This Court held that the NMFS’s…