UTAH INTERN., INC. v. DEPARTMENT OF INTERIOR

Civ. Nos. C-81-0090W, C-81-0172W.

643 F.Supp. 810 (1986)

UTAH INTERNATIONAL INC., a corporation, and Nevada Electric Investment Company, a corporation, Plaintiffs, v. The DEPARTMENT OF the INTERIOR of the United States; William P. Clark, Secretary of the Interior; the Office of Surface Mining; Richard Harris, Director of the Office of Surface Mining; the Environmental Defense Fund; Friends of the Earth; the Sierra Club; Sylvan Johnson; Leon Lippincott; Caroline Lippincott; Jet Mackelprang; Cynthia Myers; Susan Hittson; Larry Little; Gary A. Kalpakoff; Joan A. Kalpakoff; and East Canyon Irrigation Company. SIERRA CLUB, a non-profit corporation; Friends of the Earth, a non-profit corporation; Jet Mackelprang; Cynthia Myers; Susan Hittson; and Caroline Lippincott, Plaintiffs, v. Donald P. HODEL, et al., Defendants.

United States District Court, D. Utah, C.D.

August 29, 1986.


Attorney(s) appearing for the Case

Ronald E. Van Buskirk, David W. Trotter, San Francisco, Cal., F. Alan Fletcher, Salt Lake City, Utah, for Utah Intern. Inc. and Nevada Elec. Inv. Co.

William S. Curtiss, Sierra Club Legal Defense Fund, Inc., San Francisco, Cal., Wayne G. Petty, Salt Lake City, Utah, for Sierra Club, Friends of the Earth, Jet Mackelprang, Susan Hittson, Cynthia Myers, and Caroline Lippincott.

Joseph Anderson, Asst. U.S. Atty., Salt Lake City, Utah, Alfred T. Ghiorzi, Dept. of Justice, Land and Natural Resources Div., Washington, D.C., for U.S. Dept. of Interior; James G. Watt, Secretary of the Interior; The Office of Surface Mining; Andrew V. Bailey, Acting Director of the Office of Surface Mining.

David Mastbaum, Boulder, Colo., William J. Lockhart, Wayne McCormack, Salt Lake City, Utah, John Krautkraemer, Berkeley, Cal., William Bennett Turner, Elizabeth D. Laporte, San Francisco, Cal., for The Environmental Defense Fund, Sylvan Johnson, Leon Lippincott, Larry Little, Gary A. Kalpakoff, Joan A. Kalpakoff and East Canyon Irr. Co.


MEMORANDUM DECISION AND ORDER

WINDER, District Judge.

This matter is before the court on defendants' motions for attorney's fees. Defendants, Environmental Defense Fund ("EDF") and Sierra Club ("Sierra") filed motions with supporting declarations for an award of fees, costs and expenses from the United States. The United States objected. The court heard oral argument on October 25, 1985. David Mastbaum and William...

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