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Attorneys fees

West Virginia Highlands Conservancy, Inc. v. Kempthorne

The Fourth Circuit held that an environmental group was entitled to attorney fees in their action challenging an OSM decision that resulted in a remand to the agency for additional investigation. The group filed a citizen complaint with...

Ohio River Valley Envtl. Coalition v. Green Valley Coal Co.

The Fourth Circuit affirmed an award of attorney fees in a citizen suit brought under the Surface Mining Control and Reclamation Act with respect to the preliminary injunction phase of the litigation, but reversed fees awarded for the...

Protect Our Water v. Merced, County of

The court vacated a lower court order denying environmental groups' motion for attorneys fees in an underlying case challenging a surface mining operation permit. In that case, the groups sought, and eventually obtained, a writ of...

West Virginia Highlands Conservancy, Inc. v. Norton

The court affirms in part and vacates in part a district court's award of attorney fees to environmental groups that sought to rescind new mining permits issued to a company that owned a mine in violation of the Surface Mining Control...

Powder River Basin Resource Council v. Babbitt

The court holds that the Eleventh Amendment to the U.S. Constitution does not bar a citizen group that was denied attorney fees by the Wyoming Department of Environmental Quality from asserting a Surface Mining Control and Reclamation...