ELR Citation: ELR 20384
No(s). 79-1098 (D. Or. Feb 3, 1983)

The court denies attorney fees to plaintiff under the Equal Access to Justice Act, finding that the government's position in a successful National Environmental Policy Act (NEPA) challenge to its herbicide spraying program, 13 ELR 20174, was substantially justified. In the earlier action, plaintiff prevailed on the argument that defendants must include a "worst-case analysis" in their environmental assessment of the program. The court rules that defendants' failure to perform the analysis as required by the Council on Environmental Quality NEPA regulations was substantially justified, even though legally incorrect, because there was no case law construing the convoluted and difficult regulation.

[The worst-case analysis regulation is analyzed at 13 ELR 10069 — Ed.]

Counsel are listed at 13 ELR 20174.