Wilderness Society, et al. v. Douglas Burgum, et al.

Summary

The memorandum opinion addresses the Conservation Groups’ motion for attorney fees and expenses under the Equal Access to Justice Act following their partial success in challenging a Bureau of Land Management oil and gas lease sale in Wyoming. The court analyzes deductions for clerical work, block billing, administrative proceedings, and travel, as well as reductions based on the plaintiffs’ degree of success. The court awards $170,016.37 in attorney fees and $200 in expenses.

Holdings

1. Purely clerical or secretarial tasks are not compensable under the EAJA, even when performed by a paralegal, because they are generally included in law-firm overhead; work that is legal in nature may be compensable at a paralegal rate.
2. Time and expenses incurred during administrative proceedings preceding the challenged agency action are not compensable under the EAJA when those proceedings were not ordered by the district court and the civil action did not remain pending through them.
3. A prevailing party's EAJA fee award may be reduced to reflect limited overall success, including failure to obtain the ultimate relief sought, even when the claims are related.
4. Pro hac vice application fees incurred by out-of-district counsel for the litigation may be recoverable as EAJA expenses.

Questions Presented

1. Whether the Conservation Groups were entitled to attorney fees and expenses under the EAJA as prevailing parties.
2. Whether particular time entries for clerical work, block-billed work, pre-litigation administrative proceedings, and travel were compensable under the EAJA.
3. Whether the fee award should be reduced to reflect the Conservation Groups' partial success and failure to obtain vacatur of the leases.
4. Whether expert expenses incurred during pre-litigation administrative proceedings and pro hac vice application fees were recoverable under the EAJA.

Disposition

other