Marbled Murrelet v. Babbitt

ELR Citation: ELR 21326
No(s). 98-15788 (9th Cir. Jul 7, 1999)

The court holds that a prevailing logging company was not entitled to attorney fees in a lawsuit brought by an environmental group under the Endangered Species Act (ESA). The court first holds that it will only allow attorney fees to a prevailing defendant if the plaintiff's action was frivolous. Th...