Oregon Natural Resources Council v. Lyng
| Decision Date | 19 April 1990 |
| Docket Number | No. 88-4092,88-4092 |
| Citation | 899 F.2d 1565 |
| Parties | OREGON NATURAL RESOURCES COUNCIL; Hells Canyon Preservation Council; Friends of Lake Fork; Ric Bailey, Plaintiffs-Appellants, v. Richard LYNG, Secretary of Agriculture; U.S. Forest Service; Robert Richmond, Wallowa-Whitman National Forest Supervisor, Defendants-Appellees, Eagle Cap Logging, Inc.; RMH Aeroservices, Inc.; Boise-Cascade Corp.; Ellingson Lumber Co.; Idaho Timber Corp. of Oregon, Inc.; North Powder Lumber Co.; Sequoia Forest Industries; Union Forest Products Co.; Northwest Timber Workers Resource Council; Save Our Snake, Defendant-Intervenors-Appellees. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Before WRIGHT, REINHARDT and TROTT, Circuit Judges.
In his petition for rehearing, the Secretary contends that he was not given an adequate opportunity to be heard on the issue of attorneys' fees. We agree. Accordingly, the opinion is amended by deleting Section IV entitled "Attorneys' Fees," 882 F.2d 1417 at pages 1427-28 and replacing it with the following:
ONRC seeks attorneys' fees under the Equal Access to Justice Act for both the underlying district court action and for the appeal. Pursuant to Circuit Rule 39-1.8, consideration of all such fee matters is ordered transferred for a determination de novo to the district court.
At page 1428, the fourth sentence of the CONCLUSION starting with "On remand, the district court...." is ordered deleted from the opinion.
With the opinion so amended, the panel has voted unanimously to deny the petitions for rehearing filed by both parties. Both are denied.
SO ORDERED.
To continue reading
Request your trial
-
Brother Industries, Ltd. v. US
... ... Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 843, 104 ... ...
-
Sierra Forest Legacy v. U.S. Forest Service
... ... , pursuant to the Forest and Rangeland Renewable Resources Planning Act of 1974 and the National Forest Management Act ... See, e.g., Native Ecosystems Council v. Dombeck, 304 F.3d 886, 891 (9th Cir.2002). A reviewing ... AR at 6190; cf. Oregon Natural Res. Council v. Lyng, 882 F.2d 1417, 1423 n. 5 ... ...
-
Conservation Law Found., Inc. v. U.S. Envtl. Prot. Agency
... ... , Environment & [964 F.Supp.2d 178] Natural Resources Div., Washington, DC, for Defendants. Perry M ... Nat. Res. Council v. Lyng, 882 F.2d 1417, 1424 n. 8 (9th Cir.1989), amended ... ...
-
Hells Canyon Preservation Council v. Richmond, Civ. No. 92-1432-ST.
... ... Cascade Corp., a Delaware corporation; Ellingson Lumber Co., an Oregon Corporation; Northwest Forestry Association, an Oregon nonprofit ... dedicated to the preservation of the Hells Canyon area in its natural condition. Plaintiff and its members use the HCNRA for recreational, ... of the sort described by Section 10." Oregon Natural Resources Council v. Lyng, 882 F.2d 1417, 1427 (9th Cir.1989), amended on other ... ...
-
Addressing barriers to watershed protection.
...(9th Cir. 1989) (upholding District Court finding certain Forest Service projects would not violate water quality standards), amended, 899 F.2d 1565 (9th Cir. 1990). (721) These issues could be grouped logically in a number of ways, and a certain amount of overlap is inevitable. This organi......