FLORIDA POWER & LIGHT CO. v. COSTLE

No. 80-5314.

683 F.2d 941 (1982)

FLORIDA POWER & LIGHT COMPANY, Petitioner, v. Douglas M. COSTLE, as Administrator, Environmental Protection Agency and U.S. Environmental Protection Agency, Respondents.

United States Court of Appeals, Fifth Circuit. Unit B.

August 27, 1982.


Attorney(s) appearing for the Case

Hopping, Boyd, Green & Sams, Peter Chase Cunningham, William H. Green, Gary P. Sams, Tallahassee, Fla., for petitioner.

John C. Bottcher, Deputy Gen. Counsel, State of Fla., Dept. of Environmental Regulation, amicus curiae.

Lydia N. Wegman, E. P. A., Washington, D. C., Elizabeth Stein, Atty., Pollution Control Section, U. S. Dept. of Justice, Land and Natural Resources Div., Washington, D. C., for respondents.

Before TJOFLAT, HATCHETT and THOMAS A. CLARK, Circuit Judges.


BY THE COURT:

Petitioner, Florida Power and Light Company (FP&L), has moved for an award of reasonable costs and attorney's fees to defray the litigation expenses of Florida Power and Light v. Costle, 650 F.2d 579 (5th Cir. 1981). In that case, we held that the Environmental Protection Agency (EPA) abused its discretion in requiring Florida to incorporate a state-imposed two-year limitation on relief into a state implementation...

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