Locke

ORDER AWARDING ATTORNEY FEES AND EXPENSES (Granting Docket # 349)

I. Introduction

Plaintiffs’ motion for attorney fees and expenses (Docket # 349) under 28 U.S.C. § 2412, the Equal Access to Justice Act (“EAJA”), in the amount of $505,841.41, came on for hearing. Selena Kyle, Natural Resources Defense Council, appeared for Plaintiffs. Kristen Floom, U.S. Department of Justice, appeared for Defendants (by telephone). The Court carefully considered the moving and opposing pleadings and the arguments of counsel and hereby grants the motion. The Court concludes that Plaintiffs substantially prevailed, and finds also that each claim and issue NRDC lost is nevertheless closely related to a claim or issue on which the Court awarded relief to NRDC. The Court finds that Plaintiffs exercised billing judgment and did not bill for 1000 hours of the 2600 they worked. The Court finds that the attorneys for NRDC were uniquely qualified and could not have been retained at statutory EAJA rates and that the rates and hours charged were reasonable. Finally, the Court finds that Defendants’ positions were not substantially justified.

NRDC achieved a victory for fishery conservation and a…