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Attorneys fees

United States v. Lipar

A district court dismissed EPA's enforcement action against a developer for filling wetlands in violation of the CWA and ordered the Agency to pay attorney fees the developer incurred defending the suit. Relying on the U.S. Supreme...

Friends of the Everglades v. South Florida Water Management District

The Eleventh Circuit upheld a lower court decision that a Native American tribe was not entitled to attorney fees in an underlying case in which it sought to enjoin a Florida water district from pumping polluted canal water into Lake...

Pennsylvania Envtl. Defense Found. v. Canon-McMillan Sch. Dist.

The court holds that a district court should have used the lodestar approach in awarding an environmental group attorney fees under Federal Water Pollution Control Act §505. The court first holds that the district court has not made an...

Browning-Ferris Indus. of Ill., Inc. v. Ter Maat

The court holds that a defendant-operator company and a defendant-transporter company are liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for costs incurred in cleaning up the MIG/De Wane...

United States v. San Diego, City of

The court awards an environmental group $781,306 in attorney fees pursuant to Federal Water Pollution Control Act (FWPCA) §505(d). The group intervened to block the entry of a proposed consent decree in an FWPCA enforcement proceeding...

Russian River Watershed Protection Comm. v. Santa Rosa, City of

The court holds that the executive officer of a regional board had the discretion to determine a city's method of compliance with national pollutant discharge elimination system (NPDES) permits. The court first holds that the district...

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...