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ENVIRONMENTAL DEFENSE FUND, INC. v. REILLY

No. 90-1387.

1 F.3d 1254 (1993)

ENVIRONMENTAL DEFENSE FUND, INC., Petitioner, v. William K. REILLY, Administrator, U.S. Environmental Protection Agency, and U.S. Environmental Protection Agency, Respondents, American Petroleum Institute, Chemical Manufacturers Association, and Edison Electric Institute, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 13, 1993.

As Amended August 30, 1993.

Supplemental Opinion September 10, 1993.

Attorney(s) appearing for the Case

Howard I. Fox, with whom Robert G. Dreher, and Karen L. Florini were on the brief for petitioner.

Elizabeth M. Ahern, Atty., Dept. of Justice, with whom Mary Elizabeth Ward, Atty., Dept. of Justice, and Thomas H. Beisswenger, Atty., E.P.A., were on the brief for respondents.

Gottlieb J. Frick and Ralph J. Colleli, Jr. entered appearances for intervenor American Petroleum Institute.

Hunter L. Prillaman and David F. Zoll entered appearances for intervenor Chemical Mfr's. Ass'n.

Douglas H. Green and Toni K. Allen entered appearances for intervenor Edison Elec. Institute, et al.

Before WALD, RUTH BADER GINSBURG, and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

The Environmental Defense Fund petitions for an award of attorneys' fees in the amount of $32,542.75. In the underlying litigation we vacated an Environmental Protection Agency rule for want of public notice and comment before promulgation. We now hold that the EDF was a "prevailing party" within the meaning of the Resource Conservation and Recovery Act and therefore...

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