Norton

MEMORANDUM **

Oro Vaca, Inc. (“Oro Vaca”) appeals the district court’s denial of its motion for attorney’s fees and costs under the Equal Access to Justice Act, 28 U.S.C. Section 2412 (“EAJA”). The appeal comes after three years of administrative and civil actions, which culminated in dismissal by the district court of Oro Vaca’s complaint as moot.

The denial of an award of attorney’s fees and costs under the Equal Access to Justice Act (“EAJA”) is reviewed for abuse of discretion. Wilderness Soc’y v. Babbitt, 5 F.3d 383 , 385 (9th Cir.1993).

Oro Vaca grazes cattle in an area administered by the Bureau of Land Management (“BLM”), which issues grazing permits and promulgates rules of use under various federal statutes. The BLM derives ecological needs from Biological Opinions developed from research done by the U.S. Fish and Wildlife Service (“the Service”). In order to regulate the land in accordance with various federal regulations, the BLM has authority to issue decisions that are effective immediately unless stayed by the Interior Board of Land Appeals, referred to as “Full Force and Effect” or “FFE” decisions. See 43 C.F.R. 4.21(a)(1), 4110.3-3; 4160.3(f) (2001). Since…

concurring.

I would hold that Oro Vaca was a prevailing party. The June 30 and July 24 stipulations were entered as court orders and therefore have any necessary judicial imprimatur. 1 See Labotest, Inc. v. Bonta, 297 F.3d 892, 895 (9th Cir.2002). The orders provided substantial relief to Oro *438 Vaca, as they permitted grazing in the Little Humboldt land allotment for essentially the remainder of the 2000 grazing season. In contrast, the Bureau of Land Management(BLM)’s order permitted no grazing during that season unless certain fences were built; one of the fences was not going to be built, and the other was built incorrectly.

Under our case law, preliminary relief that does not resolve the dispute between the parties can satisfy the prevailing party test if the preliminary relief accomplishes “one of the main purposes of [the] lawsuit” and there is no judgment against that party on the merits at the conclusion of the case. Watson v. County of Riverside, 300 F.3d 1092, 1096 (9th Cir.2002). Here, the interim relief allowed a season of grazing that would not otherwise have been permitted (as well as requiring the BLM to relocate the incorrectly positioned fence), and, in the…