Wilderness Soc. v. Tyrrel

53 F.3d 341 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. The WILDERNESS SOCIETY; Sierra Club; Pacific Coast Federation of Fishermen's Association, Inc.; California Trout, Inc., Plaintiffs-Appellants, and Sierra Pacific Industries, Plaintiff-Intervenor, v. Robert R. TYRREL; Paul F. Barker, Defendants-Appellees. No. 93-16635. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 14, 1995. Decided April 20, 1995. Before: NORRIS, WIGGINS, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 The Wilderness Society and co-plaintiffs ("Society") appeal the district court's denial of their motion for attorney's fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. Sec. 2412 , in their action to stop the defendant United States Forest Service ("Service") from permitting logging along the South Fork River. We affirm. 3 * As an initial matter, the Service argues for the first time on appeal that the district court lacked jurisdiction to rule on the…