940 F.2d 669
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
PORTLAND AUDUBON SOCIETY, Lane County Audubon Society,
Plaintiffs-Appellants,
v.
Manuel LUJAN, Jr., in his official capacity as Secretary,
United States Department of the Interior, Defendant-Appellee,
U.S. Forest Service, Northwest Forest Resource Council,
Association of O & C Counties,
Defendant-Intervenors-Appellees.
PORTLAND AUDUBON SOCIETY, et al., Headwaters, Plaintiffs-Appellants,
v.
Manuel LUJAN, Jr., in his official capacity as Secretary,
United States Department of the Interior, Defendant-Appellee,
Northwest Forest Resource Council, Association of O & C
Counties, et al., Defendant-Intervenors-Appellees.
Nos. 90-35413, 90-35587.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted Feb. 11, 1991.
Decided July 18, 1991.
Before GOODWIN, SCHROEDER and PREGERSON, Circuit Judges.
ORDER*
Plaintiffs appeal the district court's order requiring them to pay the costs of defendant-intervenor Association of O and A Counties and the federal defendant, the Bureau of Land Management. They also appeal the district court's order denying their request for fees and costs under the Equal Access to Justice Act.
An order taxing costs is valid only after a final judgment. This case has been reinstated in the district court. Further, the Supreme Court has granted certiorari in our decision in 914 F.2d 1311 (9th Cir.1990). We therefore vacate the order taxing the plaintiffs to pay the costs of the defendant-intervenor Association of O & C Counties and the federal defendant.
An appellate court will not ordinarily review interim denials of fees. The appeal of the order denying fees is therefore dismissed without prejudice to the plaintiffs renewing their petition for fees when this litigation becomes final.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3