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Citizens Against Pollution v. Ohio Power Co.

ELR Citation: 37 ELR 20089
Nos. No. C2-04-CV-371, (S.D. Ohio, 04/12/2007)

A district court awarded an environmental group attorneys fees, expert fees, and costs in connection with its underlying Comprehensive Environmental Response, Compensation, and Liability Act and Emergency Planning Right-To-Know Act reporting claims against a power company, but awarded the group none of the fees attributed to its Resource Conservation and Recovery Act (RCRA) claim. The group achieved substantial success on its reporting claims in comparison to the relief sought. Moreover, in light of the overall relief obtained on these claims in relation to the hours expended, the group's requested attorney fees were reasonable. However, the group was unsuccessful on its RCRA endangerment claim, which was unrelated to its reporting claims. Accordingly, the court separated out the time solely expended on this claim—approximately 17% of the total hours expended—and reduced the group's overall attorneys fees request by 17%. The court, therefore, awarded the group $876,895.83 in attorney fees. Similarly, the court awarded no fees to the expert whose work was solely attributed to the RCRA claim but awarded the reporting claim expert's fees in full—$68,451.61. The court also awarded the group $63,788.23 in costs.