Sierra Club Legal Defense Fund v. Bibles

34 F.3d 1073 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. SIERRA CLUB LEGAL DEFENSE FUND, a non-profit corporation; Rest The West, a non-profit Corporation, Plaintiffs-Appellants, v. D. Dean BIBLES, in his Official Capacity as Oregon State Director of the Bureau of Land Management; Bureau of Land Management, an Agency of the United States; Department of the Interior, an Agency of the United States, Defendants-Appellees. No. 93-35383. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 4, 1994. Decided Aug. 29, 1994. Before: ALARCON, BEEZER and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 We review the district court decision, insofar as it interprets the fee statute, de novo. McCllellan Ecological Seepage Situation v. Carlucci, 835 F.2d 1282, 1284 (9th Cir.1987). Although the district court decided that the fee waiver for copying costs was unavailable as a matter of law because of reading room availability, the agency itself gave additional,…