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 '''IV. Attorneys’ Fees'''

Counsel for Slater and Wildlife requests that the court grant him appellate-stage attorneys’ fees and remand to the district court for the determination of the amount of those fees. Counsel for Slater and Wildlife is entitled to attorneys’ fees and costs for this appeal. See Fogerty v. Fantasy, Inc., 510 U.S. 517, 534 n.19, 114 S.Ct. 1023, 127 L.Ed.2d 455 (1994). Thus, the request in the answering brief by Slater and Wildlife for an award of attorneys’ fees on appeal is granted. The determination of an appropriate amount of fees on appeal is transferred to the district court pursuant to Ninth Circuit Rule 39-1.8.

AFFIRMED. N.R. SMITH, Circuit Judge, concurring in part:

I concur that this case must be dismissed. Federal courts do not have jurisdiction to hear this case at all. Because the courts lack jurisdiction, the appeal should be dismissed and the district court’s judgment on the merits should be vacated. Coal. of Clergy, Lawyers, & Professors v. Bush, 310 F.3d 1153, 1162–65 (9th Cir. 2002) (“Because we conclude that the Coalition lacks [next-friend or third-party] standing, we decline to reach the remaining questions addressed by the district court. … We therefore vacate those portions of the district court’s opinion which reached those questions.”). Indeed, where there is no standing, any further ruling “is, by very definition, for a court to act ultra vires.” Id. at 1165 (quoting Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 101–02, 118 S.Ct. 1003, 140 L.Ed.2d 210 (1998) ). The Majority misses this point. I write to express my disagreement with the Majority’s conclusion that next-friend standing is nonjurisdictional.