The Wilderness Society v. Babbitt

5 F.3d 383 23 Envtl. L. Rep. 21 ,542 The WILDERNESS SOCIETY; the Oregon Natural Desert Association, Inc.; Portland Audubon Society; Oregon Wildlife Federation, Plaintiffs-Appellants, v. Bruce BABBITT, * in his official capacity as Secretary of the Interior; Barry Reiswig, in his official capacity as Refuge Manager of the Sheldon-Hart Mountain Refuge Complex; U.S. Fish & Wildlife, Defendants-Appellees, and Kiely Bros., Rock Creek Ranch, Inc.; Catherine McKee; O'Keefe Ranch, Defendants-Intervenors. No. 92-36763. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 13, 1993. Decided Sept. 17, 1993. Victor M. Sher, Adam J. Berger, Sierra Club Legal Defense Fund, Seattle, WA, for plaintiffs-appellants. Andrea N. Ward, U.S. Dept. of Justice, Washington, DC, for defendants-appellees. Appeal from the United States District Court for the District of Oregon. Before: GOODWIN, FARRIS, and THOMPSON, Circuit Judges. GOODWIN, Circuit Judge: 1 Appellants (collectively "the Wilderness Society") appeal the denial of their application for attorneys' fees pursuant to the Equal Access to Justice Act ("the EAJA"). 28 U.S.C. Sec. 2412 (d)(1)(A). The Wilderness Society maintains…