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Auke Bay Concerned Citizen's Advisory Council v. Marsh

ELR Citation: 16 ELR 20253
Nos. No. 84-3812, 779 F.2d 1391/24 ERC 1106/(9th Cir., 01/07/1986) opinion supersedes 15/20347

The court holds that a motion for attorneys fees under the Equal Access to Justice Act (EAJA) made after the trial court issued a permanent injunction but eight months before the judgment became final was timely. EAJA requires motions to be made "within 30 days of final judgment," but the court construes this language only to bar filings made more than 30 days after judgment is final. The court rules that so long as a motion comes after it becomes clear that the movant is a prevailing party eligible to receive fees, the motion is not premature.

[This opinion supersedes the opinion at 15 ELR 20347.]

Counsel for Plaintiff-Appellant
Richard M. Burnham
Findley & Burnham
217 2nd St., Suite 200, Juneau AK 99801
(907) 586-3811

Counsel for Defendants-Appellees
Albert M. Ferlo Jr.
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2774

Before Wright and Crocker,* JJ.