Oregon Environmental Council v. Kunzman

NELSON, Circuit Judge: In these consolidated appeals, we review (1) a ruling that an environmental impact statement (""EIS"") for an insecticide spraying program to combat infestations of gypsy moths satisfies the National Environmental Policy Act of 1969 (""NEPA""), 42 U.S.C. § 4332(C) (1982), and its implementing regulations, 40 C.F.R. §§ 1500-1508 (1986), and (2) the denial of attorneys' fees under the Equal Access to Justice Act (""EAJA""), 28 U.S.C. § 2412(d)(1)(A) (Supp. III 1985), for certain parts of this litigation. We affirm on the adequacy of the EIS. On the attorneys' fees issues, we affirm in part and vacate and remand in part.