In a Freedom of Information Act action involving a request for documents regarding the effects of livestock grazing on Upper and Middle Columbia River Steelhead, the award of attorney’s fees to Plaintiff is affirmed in part, where the District Court ruled in Plaintiff’s favor on its Administrative Procedure Act claim, but reversed in part, where Defendants provided certain documents Plaintiff requested before the District Court ordered that they be turned over and thus Plaintiff was not a “prevailing party” with respect to those documents.

Read Oregon Natural Desert Ass’n. v. Locke, No. 06-35851

Appellate Information

Argued and Submitted October 21, 2008

Filed July 8, 2009

Judges

Opinion by Judge Thompson

Counsel

For Appellant:

Mark W. Pennak, United States Department of Justice, Washington, DC

For Appellee:

Peter M. Lacy, Portland, OR

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