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United States v. Milner

Citation: 35 ELR 20234
No. No. C01-0809RBL, (W.D. Wash., 11/15/2005) attorneys fees denied

A court denies individuals' motions for attorneys fees and costs they spent defending a Clean Water Act action the United States filed against them. They argued that they were entitled to reimbursement because the United States ultimately dismissed its case. The individuals are correct that the lack of a "judicially sanctioned" resolution in their favor does not preclude them from being the prevailing party. Nevertheless, the government's position in the litigation was substantially justified.