Sierra Club v. Corps of Eng'rs

ELR Citation: ELR 21039
No(s). s. 84-6287 et al (2d Cir. Oct 28, 1985)

The court holds that plaintiffs may claim attorney fees from the state of New York under the bad-faith exception to the American rule and from the federal defendants under the Equal Access to Justice Act (EAJA). The court first holds that the state is not immune from fee awards. The Eleventh Amendme...