Forest Conservation Council v. Devlin

994 F.2d 709 37 ERC 1100 , 23 Envtl. L. Rep. 20 ,995, 37 Fed. R. Evid. Serv. 1218 FOREST CONSERVATION COUNCIL, an unincorporated Oregon association; Umpqua Watersheds; John Talberth, an individual and citizen of the state of Oregon, Plaintiffs-Appellants, v. Robert J. DEVLIN, in his official capacity as a supervisor; Umpqua National Forest; F. Dale Robertson, in his official capacity, Defendants-Appellees. No. 91-35680. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 7, 1992. Decided June 4, 1993. Ralph Wilborn, Wilborn & Wilborn, Eugene, OR, for plaintiffs-appellants. Katherine W. Hazard, U.S. Dept. of Justice, Environment and Natural Resources Div., Washington, DC, for defendants-appellees. Appeal from the United States District Court for the District of Oregon. Before: O'SCANNLAIN and RYMER, Circuit Judges, and ZILLY, * District Judge. O'SCANNLAIN, Circuit Judge: 1 Appellants, ("Forest Conservation"), filed a lawsuit seeking the withdrawal of an advertised timber sale. The sale was withdrawn within hours of the filing of the suit. Forest Conservation now seeks attorneys' fees. We must decide whether Forest Conservation is a prevailing party where…