NATURAL RESOURCES DEFENSE COUNCIL, INC. v. E. P. A.

No. 72-2402.

539 F.2d 1068 (1976)

NATURAL RESOURCES DEFENSE COUNCIL, INC., Project on Clean Air, Save America's Vital Environment, Inc., Janey Weber and Susanne Allstrom, Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent.

United States Court of Appeals, Fifth Circuit.

October 4, 1976.


Attorney(s) appearing for the Case

Richard E. Ayres, Washington, D. C., Ogden Doremus, Metter, Ga., for petitioner.

Russell E. Train, Washington, D. C., Kent Frizzell, Asst. Atty. Gen., Edmund B. Clark, John D. Helm, Attys., Dept. of Justice, Washington, D. C., Charles W. Shipley, Pollution Control Section, Dept. of Justice, Washington, D. C., for respondent.

Joe Resweber, County Atty., Harris County, Charles J. Wilson, Asst. County Atty., Houston, Tex., amicus curiae, for Harris County.

Arthur K. Bolton, Atty. Gen., Robert S. Stubbs, II, Executive Asst. Atty. Gen., Don A. Langham, Robert S. Bomar, Asst. Attys. Gen., Robert E. Hall, Deputy Asst. Atty. Gen., Atlanta, Ga., for State of Ga., intervenor.

Before WISDOM, DYER and INGRAHAM, Circuit Judges.


WISDOM, Circuit Judge:

The Natural Resources Defense Council (NRDC) has requested an award of reasonable attorneys' fees to defray the litigation expenses of Natural Resources Defense Council v. EPA, 5 Cir. 1974, 489 F.2d 390, rev'd in part sub nom., Train v. Natural Resources Defense Council, 1975, 421 U.S. 60, 95 S.Ct. 1470, 43 L.Ed.2d 731. The suit challenged the approval by the Environmental...

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