ELR Citation: ELR 20930
No(s). 88-680-PA (D. Or. Feb 19, 1991)

The court holds that the prevailing parties in an action challenging a sale of beetle-killed spruce in the Hells Canyon National Recreation Area (HCNRA) in Oregon are not entitled to attorney fees under the Equal Access to Justice Act (EAJA). The plaintiffs had contended that the Secretary of Agriculture violated the HCNRA Act by failing to promulgate rules and regulations governing timber harvesting in the area. The court holds that the Secretary's decision not to adopt regulations governing timber harvesting in the HCNRA was substantially justified based on the discretionary nature of the HCNRA's directive to the Secretary to issue such regulations. The court holds that the plaintiffs are not entitled to attorney fees because the United States sustained its burden of showing substantial justification.

[Prior decisions in this case are published at 18 ELR 21503 and 19 ELR 21154.]

Counsel for Plaintiffs
Gary K. Kahn
Reeves, Kahn & Eder
610 SW Alder St., Ste. 910, Portland OR 97205
(503) 227-5144

Counsel for Defendants
Thomas E. Lee, Ass't U.S. Attorney
620 SW Main St., Portland OR 97205
(503) 326-2101