HOOPA VALLEY INDIAN TRIBE, a federally recognized Indian tribe, Plaintiff, v. James G. WATT, Secretary of the Interior..., Defendants No. C-81-3094-MHP
Description:Indian tribe sought attorney fees and costs after it prevailed in an action challenging the government's refusal to approve a stream clearance contract with the tribe on ground that another tribe had not approved the contract. The District Court, Patel, J., held that: (1) the tribe was a "party" for purposes of the Equal Access to Justice Act; (2) position of government was not substantially justified; and (3) limited availability of qualified lawyers with requisite special expertise in Indian law justified hourly rates requested by the tribe in excess of $75; however, tribe could not recover on itemized expenses for one day.
Provenance: Collection: AFRI Food Security.