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United States v. Stone Container Corp.

Citation: 30 ELR 20168
No. No. 98-36175, 196 F.3d 1066/49 ERC 1637/(9th Cir., 11/19/1999)

The court holds that an environmental group that intervened in a U.S. Environmental Protection Agency (EPA) Clean Air Act (CAA) § 113(b) action against a corporation is not entitled to attorneys fees under CAA § 304(d). The court first holds that CAA § 304(d) provides that litigation costs may be awarded in an action brought pursuant to CAA § 304(a)'s citizen suit provision. The CAA, however, makes no provision for fees for an intervenor-plaintiff in a suit brought by the government under CAA § 113(b). Although the environmental group settled all of its claims that did not overlap with the claims brought in the EPA action, it intervened in the present government enforcement action. Therefore, the present action is brought pursuant to CAA § 113, not pursuant to CAA § 304(a), and no statute provides for attorneys fees in a CAA § 113 action.

Counsel for Plaintiff
Charles M. Tebbutt
Western Environmental Law Center
1216 Lincoln St., Eugene OR 97401
(503) 485-2471

Counsel for Defendant
Russell S. Frye
Chadbourne & Parke
1101 Vermont Ave. NW, Washington DC 20005
(202) 289-3000

Before White1 and Thomas, JJ.