In our June 10, 2009 post, we discussed Citizens for Better Forestry v. U.S.D.A., Case No. 07-16077 (9th Cir. June 9, 2009), where certain public interest groups were denied recovery of attorney’s fees under EAJA. Recently, on December 14, 2009, the Ninth Circuit denied one of the environmental group’s requests for en banc review.