Thomas v. Peterson

841 F.2d 332 18 Envtl. L. Rep. 20 ,743 Harold THOMAS, et al., Plaintiffs-Appellants, v. R. Max PETERSON, in his official capacity as Chief of the United States Forest Service, Defendant-Appellee, and Inland Forest Resource Council, a Montana corporation, et al., Defendants- Intervenors. No. 87-3618. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 4, 1987. Decided March 10, 1988. Michael Axline, Western Natural Resources Clinic, Eugene, Or., for plaintiffs-appellants. Maria A. Iizuka, Dept. of Justice, Land & Natural Resources Div., Washington, D.C., for defendant-appellee. Appeal from the United States District Court for the District of idaho. Before ANDERSON, NORRIS and HALL, Circuit Judges. NORRIS, Circuit Judge: Appellants appeal the district court's denial of their application for attorneys' fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. Sec. 2412 (d), and the Endangered Species Act (ESA), 16 U.S.C. Sec. 1540 (g)(4). We reverse. 1 * Appellants brought this action in federal district court, under the National Environmental Policy Act (NEPA), the National Forest Management Act (NMFA), and ESA, to enjoin construction of a timber road.…