Love v. Reilly

924 F.2d 1492 32 ERC 1783 , 21 Envtl. L. Rep. 20 ,568 James M. LOVE; Dave Frohnmayer, Atty Gen'l, for the State of Oregon, on behalf of the people of the State of Oregon, Tualatin Valley Fruit Marketing, Inc., Plaintiffs, and Northwest Food Processors Assoc., Plaintiff-Appellee, v. William K. REILLY, Administrator, Environmental Protection Agency, Defendant-Appellant. No. 89-35230. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 9, 1990. Decided Feb. 1, 1991. Lisa S. Farringer, Atty., U.S. Dept. of Justice, Washington, D.C., for defendant-appellant. Susan K. Eggum, McEwen, Gisvold, Rankin & Stewart, Portland, Or., for plaintiffs-appellees. Appeal from the United States District Court for the District of Oregon. Before WALLACE, FERGUSON and BRUNETTI, Circuit Judges. BRUNETTI, Circuit Judge: 1 Northwest Food Processors Association (NWFPA) was one of three plaintiffs who filed for an injunction against the Environmental Protection Agency (EPA) to stop the EPA from banning dinoseb, a pesticide. Plaintiffs were granted the injunction, which was upheld on appeal. The NWFPA then filed a petition for attorney's fees in the district court under the Equal…