ELR Citation: ELR 20142
No(s). 06-35851 (9th Cir. Jul 8, 2009)

The Eighth Circuit affirmed in part and reversed in part a lower court order granting an environmental group attorney fees in their FOIA and APA lawsuit against the Department of Commerce for failing to disclose documents regarding the effects of livestock grazing on Upper and Middle Columbia River steelhead. The court correctly awarded the group attorney fees on its claim concerning the cut-off regulation used in processing requests under FOIA. However, the court should not have awarded the group fees on its remaining FOIA and APA claims since the Department of Commerce turned over the requested documents before the court entered its decision.