Dubois v. United States Department of Agriculture

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APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE [Hon. Paul J. Barbadoro, U.S. District Judge]

Appellant Roland Dubois filed suit against the United States Forest Service (“Forest Service”) alleging, inter alia, violations of the National Environmental Policy Act (“NEPA”), 42 U.S.C. � 4321, et seq., and the Clean Water Act (“CWA”), 33 U.S.C. � 1251, et seq. The district court rejected Dubois’ claims and granted summary judgment for the Forest Service. On appeal, this Court reversed that ruling and directed the district court to enter summary judgment in Dubois’ favor. On remand, Dubois sought to compel the Forest Service to reimburse him for attorney’s fees and costs. The district court denied his motion for fees, and granted, in part, his motion for costs. Dubois now appeals the decision denying him attorney’s fees. Because we conclude that the district court did not abuse its discretion in denying Dubois’ motion for attorney’s fees, we affirm.

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