ELR Citation: ELR 20897
No(s). 90-35878 (9th Cir. Apr 7, 1992)

The court vacates a district court's refusal to grant attorney fees to an environmental organization that prevailed in an action to enjoin the U.S. Army Corps of Engineers from completing a dam pending supplementation of an environmental impact statement for the project. The district court held that although the environmental organization qualified as a prevailing party, the government's position was substantially justified in law and fact. The court holds it is unable to review the propriety of awarding attorney fees, because the district court's order denying the fees gives no reasons for its conclusion that the government's position was substantially justified. The court remands for entry of specific findings on the question of substantial justification.

[Previous decisions in this litigation are published at 16 ELR 20475, 20826; 18 ELR 20321, 20033; and 19 ELR 20749.]

Counsel for Plaintiffs-Appellants
Gary Kahn
Reeves, Kahn & Eder
610 SW Alder, #910, Portland OR 97205
(503) 227-5144