SIERRA CLUB v. UNITED STATES ARMY CORPS OF ENG.

No. 81 Civ. 3000.

590 F.Supp. 1509 (1984)

SIERRA CLUB, The City Club of New York, Business for Mass Transit, Committee for Better Transit, Inc., NYC Clean Air Campaign, Inc., West 12th Street Block Association, Hudson River Fishermen's Association, Hudson County Citizens for Clean Air, Seymour Durst, Otis Burger, Mary Rowe, and Howard Singer, Plaintiffs, v. UNITED STATES ARMY CORPS OF ENGINEERS, John Marsh, as Secretary of the Army of the United States, Joseph K. Bratton, as Chief of Engineers, Walter M. Smith, Jr., as New York District Engineer of the United States Army Corps of Engineers, William C. Hennessy, as Commissioner of the New York State Department of Transportation, United States Department of Transportation, Andrew L. Lewis, Jr., as Secretary of Transportation, of the United States, Federal Highway Administration, Raymond A. Barnhart as Administrator of the Federal Highway Administration, The City of New York, Defendants, and City of New York, Defendant-Intervenor.

United States District Court, S.D. New York.

June 27, 1984.


Attorney(s) appearing for the Case

Butzel & Kass by Albert K. Butzel, Mitchell S. Bernard, New York City, for plaintiffs.

Rudolph W. Giuliani, U.S. Atty. by Howard Wilson, Marc H. Rosenbaum, New York City, for Federal defendants.

Kaye, Scholer, Fierman, Hays & Handler by Paul J. Curran, Thomas A. Smart, Kelley J. Newton, New York City, for State defendant-intervenor.


OPINION

GRIESA, District Judge.

Plaintiffs have applied for an award of attorneys' fees and disbursements.1 The application is made against all defendants except the defendant-intervenor, City of New York.

Defendants fall into three categories — (1) the United States Army Corps of Engineers and certain officials connected with the Corps; (2) the Federal Highway Administration, the United States Department of Transportation...

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