1. Palila (Psittirostra bailleui), an endangered species
2. Sierra Club
3. National Audubon Society
4. Hawai‘i Audubon Society
5. Alan C. Ziegler, Division of Vertebrate Zoology, Bishop Museum, Honolulu, HI

1. Michael R. Sherwood, Sierra Legal Defense Fund, Inc., San Francisco, California
2. William S. Hunt, Honolulu, Hawai‘i

1. Hawai‘i Dept. of Land and Natural Resources
2. Susumu Ono, Chairman, Hawai‘i Board of Land and Natural Resources

1. Tany S. Hong, Atty. Gen., Honolulu, Hawai‘i
2. Edwin P. Watson, Deputy Atty. Gen., Honolulu, Hawai‘i

• N/A

United States District Court, District of Hawai‘i

United States Court of Appeals, Ninth Circuit

• The Endangered Species Act of 1973, 16 U.S.C. § 1531, et. seq.

1. Plaintiffs prevailed below in their attempt to enjoin Defendants from maintaining feral sheep and goats that damaged the Palila’s critical habitat. The Ninth Circuit Court of Appeals affirmed the decision. Plaintiffs submitted two supplemental petitions for reasonable attorneys’ fees, which were granted.
2. The first petition was for fees accrued during the District Court Proceedings. The court of appeals decided $110/hr was a reasonable rate based on Attorney Sherwood’s skills and experience and the customary fee for similar work. A rate of $75/hr was decided to be reasonable for the preparation of the fee petition and for local counsel Hunt.
3. The court of appeals decided that 35.25 hours was a reasonable number of hours based on the complexity of the case, limited staff and resources of the Sierra Club Legal Defense Fund, and the urgency of relieving harm to the Palila.
4. For the petition seeking fees for the appellate portion of the case, the court of appeals granted the same hourly rate, but reduced the requested number of hours because of Attorney Sherwood’s familiarity with the case at that point.
5. $6,877.50 in reasonable attorney’s fees was awarded to Sierra Club Legal Defense Fund, $165.00 to William S. Hunt, and $638.68 in expenses to Sierra Club Legal Defense Fund on the first supplemental petition. On the second petition, $9,350.00 in reasonable attorney’s fees and $621.50 in expenses was awarded to Sierra Club Legal Defense Fund.