Attorneys’ Fees – Timeliness of Request. A request for attorneys’ fees under EAJA must be filed within 30 days of final judgment, but the plaintiffs filed their motion for attorneys’ fees three months after the district court’s order dismissing the case without prejudice pursuant to the parties’ stipulation. The plaintiffs argued that the district court’s order was not a final judgment because FHWA had the right to intervene and appeal. The court held that the order was a final judgment because it was final and appealable. The court further held that FHWA could not have intervened: “once the case was dismissed without prejudice as unripe and without any waiver of claims or defenses, there was nothing left to intervene in or to appeal from.” Finally, the court rejected the plaintiffs’ argument that the deadline should have been “tolled” (i.e., extended for reasons of fairness). The court held that tolling was not appropriate because the plaintiffs had shown “due diligence” nor had they identified any “extraordinary circumstance” that prevented a timely filing for attorneys’ fees. Attorneys’ Fees – Availability under NEPA Assignment. Because the court held that the plaintiffs had missed the deadline for filing their attorneys’ fee request, the court did not decide the issue of whether a plaintiff can obtain attorneys’ fees under EAJA against a state that has been assigned FHWA’s responsibilities under 23 U.S.C. § 327.