EAJA Awards
| Agency | Agency subcomponent | Name | Award date | Award amount | Awardees | Claims description | Finding basis | Actions |
|---|---|---|---|---|---|---|---|---|
| U.S. Department of the Interior | Bureau of Land Management (BLM) | American Wild Horse Campaign v. Bernhardt |
$ 98,415
|
Eubanks & Associates, LLC | Petitioners alleged that Respondents violated the Wild and Free-Roaming Horses and Burros Act, the National Environmental Policy Act, the Federal Land Policy and Management Act, and the Administrative Procedure Act. | Agency decision and supporting NEPA documentation vacated by court | Show | |
| U.S. Department of the Interior | Bureau of Land Management (BLM) | Cascadia Wildlands et al. v. BLM |
$ 99,000
|
Cascadia Wildlands | Plaintiffs filed a civil action arising under the Administrative Procedure Act (APA), 5 U.S.C. §§ 701 et seq., challenging the United States Bureau of Land Management’s (BLM) issuance of the Thurston Hills Non-Motorized Trails and Forest Management Project (“Thurston Hills Project”) Environmental Assessment (EA)/Finding of No Significant Impact (FONSI) and Decision Record for violations of federal laws and regulations intended to protect the public’s natural resources and ensure informed, well-reasoned decision-making. | Court ruled for plaintiff on merits, and the parties settled the plaintiff's fees request. | Show | |
| U.S. Department of the Interior | Bureau of Land Management (BLM) | Klamath Siskiyou Wildlands Center, et al. v. BLM |
$ 92,000
|
Cascadia Wildlands | Plaintiffs challenge the Bureau of Land Management's (BLM) Lower Grave timber sale decision, claiming that the decision violated the National Environmental Policy Act (NEPA), the Federal Lands Policy and Management Act (FLPMA), and the Administrative Procedures Act (APA). | Court ruled for plaintiff on merits, and the parties settled the plaintiff's fees request | Show | |
| U.S. Department of the Interior | Bureau of Land Management (BLM) | Native Ecosystems Coucil v. BLM |
$ 70,000
|
Thomas Woodbury | This matter involves four separate Environmental Assessments with Findings of No Significant Impact (EA/FONSI), as well as four separate decisions (Decision, or collectively the Challenged Decisions) completed by the BLM Dillon Field Office in connection with 4 watersheds. All of the Challenged Decisions provided for vegetation treatments targeting reduction of conifer encroachment in various areas within each watershed. Plaintiff filed an action in the District of Montana, seeking in part to have the BLM enjoined from conducting any activities in connection with the Challenged Decisions. The Plaintiff asserted that the BLM violated NEPA and FLPMA. | The judge entered an order granting partial summary judgment in favor of BLM on all claims except one FLPMA claim in connection with a single watershed. The court determined that the BLM failed to supplement one EA to incorporate additional analysis as required by the applicable ARMPA for sage grouse. | Show | |
| U.S. Department of the Interior | Bureau of Land Management (BLM) | State of Alaska |
$ 400
|
State of Alaska | The State of Alaska filed a Quiet Title Act claim over the navigability of the upper Knik River. After the complaint was filed, BLM completed a field investigation showing a navigable channel, resulting in the United States filing a Quiet Title Act disclaimer of interest. | N/A - award of costs only | Show | |
| U.S. Department of the Interior | Bureau of Land Management (BLM) | Triumvirate LLC v. Zinke et al. |
$ 123,488
|
Lewis Bess Williams & Weese PC | Plaintiffs alleged Defendants violated the National Environmental Policy Act ("NEPA"), the Federal Land Policy and Management Act ("FLPMA"), and the Administrative Procedure Act ("APA"). | District court found that defendants violated NEPA and the APA. | Show | |
| U.S. Department of the Interior | Bureau of Land Management (BLM) | Western Watersheds Project v. Ellis (Battlecreek) |
$ 578,000
|
Advocates for the West Lawyer's Trust | Plaintiffs alleged Defendants violated the National Environmental Policy Act ("NEPA"), the Federal Land Policy and Management Act ("FLPMA"), and the Administrative Procedure Act ("APA"). | Not Provided | Show | |
| U.S. Department of the Interior | Bureau of Reclamation (BOR) | National Wildlife Federation et al v. National Marine Fisheries Services, et al. (FCRPS) |
$ 64,484
|
Earthjustice | Plaintiffs alleged various violations of the Endangered Species Act ("ESA") and the National Environmental Policy Act ("NEPA"). | The court identified legal deficiencies with and remanded the 2008, 2010, and 2014 Biological Opinions to NMFS. | Show | |
| U.S. Department of the Interior | Fish and Wildlife Service (FWS) | Center for Biological Diversity v. Bernhardt (D. Ariz. No. CV-4:19-218-TUC-RCC |
$ 5,100
|
Brian Segee | On April 15, 2019, Plaintiffs filed a complaint alleging the FWS missed the statutory timeframe to issue a 90-day finding. On September 6, 2019, FWS published the 90-day finding. On September 19, 2019, Plaintiffs voluntarily dismissed their complaint. | The Service failed to meet a statutory deadline. Plaintiffs entitled to fees and costs pursuant to the "catalyst theory." | Show | |
| U.S. Department of the Interior | Fish and Wildlife Service (FWS) | Center for Biological Diversity v. Bernhardt et al., Case. No. 1:19-cv-01607-KBJ |
$ 8,500
|
Collette Adkins | CBD filed suit alleging that FWS had failed to designate critical habitat for the salamanders in violation of Section 4 of the Endangered Species Act (ESA). | The Service missed the deadlines for designating critical habitat. Plaintiffs entitled to attorneys' fees and costs pursuant to the "catalyst theory." | Show | |
| U.S. Department of the Interior | Fish and Wildlife Service (FWS) | Center for Biological Diversity v. Fish and wildlife Service and Rosemont Copper Company |
$ 340,000
|
Fink, Cummings, Melton | Plaintiffs challenged FWS biological opinion under APA and ESA. Biological opinion was for the USFS permitting of the Rosemont Copper Mine. | Plaintiff argues that the FWS’ ITS is unlawful as it failed to choose a proper take surrogate for seven threatened or endangered species. The Court agrees. | Show | |
| U.S. Department of the Interior | Fish and Wildlife Service (FWS) | Friends of Alaska National Wildlife Refuges et al v. Bernhardt et al. |
$ 85,048
|
Trustees for Alaska | District Court vacated a land exchange agreement between the Secretary of the Interior and the City of King Cove involving certain lands in the Izembek National Wildlife Refuge. | Court found that the Secretary's decision to enter into the Exchange Agreement with KCC viloated APA and Title XI of ANILCA. | Show | |
| U.S. Department of the Interior | Fish and Wildlife Service (FWS) | General Land Office of Texas v. U.S. Fish and Wildlife Service, A-17-CA-00538-SS |
$ 250,000
|
Theodore Hadzi-Antich | Plaintiffs alleged violations of the ESA and APA inconnection with the Service's ESA listing of the golden-cheeked warbler and 90-day finding denying a petition to remove the golden-cheeked warbler from the endangered species list. | 5th Circuit found the Service had not applied the correct standard for evaluating the petition. | Show | |
| U.S. Department of the Interior | Fish and Wildlife Service (FWS) | Oregon-California Trails Assoc. v. Walsh |
$ 100,000
|
Eubanks and Associates | Court found that FWS violated ESA, NEPA and NHPA in issuing section 10 permit to Nebraska Public Power District for take of American burying beetle for construction of R-Project transmission line. Please note that total settlement is for $300,000, but $200,000 will be separately reported as ESA/Judgment Fund payment. Of the $300,000 total, $100,000 is coming from agency budget under EAJA. | Court found that FWS violated ESA, NEPA and NHPA in issuing section 10 permit to Nebraska Public Power District for take of American burying beetle for construction of R-Project transmission line. | Show | |
| U.S. Department of the Interior | Fish and Wildlife Service (FWS) | Public Employees for Environmental Responsibility v. David Bernhardt, et al. |
$ 5,000
|
Peter Jenkins | FOIA non-response lawsuit to SIO and FWS. Both of the underlying FOIA requests were for records related to a memorandum from Principal Deputy Director Gregory Sheehan, titled: Withdrawal of Memorandum Titled, "Use of Agricultural Practices in Wildlife Management in the National Wildlife Refuge System," which referenced the Service's use of neonicotinoid pesticide and genetically modified organisms for agricultural practices in the National Wildlife Refuge System (NWRS). The PEER brought this case on September 16, 2019, and all responsive documents were produced by both the Secretary and the Service by January 3, 2020. | Not Provided | Show |