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Attorneys fees

Davis County Solid Waste Mgmt. & Energy Recovery Special Serv. Dist. v. EPA

The court remands a municipality's request for litigation costs relating to its successful challenge of a U.S. Environmental Protection Agency (EPA) Clean Air Act (CAA) rule establishing new source performance standards for the...

Earth Island Inst. v. Albright

The court vacates two Court of International Trade orders that were issued after an environmental group withdrew its motion to enforce the Court of International Trade's ruling pertaining to the enforcement of turtle excluder device...

Armstrong v. ASARCO, Inc.

The court pursuant to §505(d) of the Federal Water Pollution Control Act (FWPCA) affirms the award of litigation costs to plaintiffs for work reasonably related to the results obtained from their FWPCA citizen suit against a lead...

In re Tutu Wells Contamination Litig.

The court holds that summary judgment cannot be granted on the issue of corporate officers' Comprehensive Environmental, Response, Compensation, and Liability Act (CERCLA) liability, but a successor corporation may be held liable under...

Exxon Corp. v. St. Paul Fire & Marine Ins. Co.

The court denies an insurer's motion to stay the proceedings and grants partial summary judgment to the insured corporation in an indemnification suit for personal injury damages resulting from the inhalation of sludge fumes. The court...

Donahey v. Bogle

The court holds that the owner of all the stock of the former lessee of a contaminated site is not liable as an operator under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107(a)(2). The court first...

Wing v. Asarco Inc.

The court holds that an $8 million attorney fee award for plaintiffs' counsel, which arose out of a $67.5 million settlement in an environmental class action lawsuit and was based on a contingent-risk multiplier, is reasonable under the...

Scottish Guarantee Ins. Co. v. Dwyer

The court holds that under Wisconsin law, an insurer has a duty to defend its insured under the "wrongful entry" clause of a commercial policy against negligent trespass claims for damage to groundwells caused by a release of chemicals...

Atlantic States Legal Found. v. Universal Tool & Stamping Co.

The court holds that the reasonable market rate for attorneys in the northern district of Indiana applies in determining an attorney fees award in a Federal Water Pollution Control Act citizen suit brought in Indiana, because the court...