SIERRA CLUB v. U.S. ARMY CORPS OF ENGINEERS

Nos. 634, 635 and 747, Dockets 84-6287, 84-6289 and 84-6293.

776 F.2d 383 (1985)

SIERRA CLUB, the City Club of New York, Business For Mass 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, Sierra Club, the City Club of New York, NYC Clean Air Campaign, Inc., and Hudson River Fishermen's Association, Plaintiffs-Appellees, Cross-Appellants, 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, and 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, Raymond A. Barnhart, as Administrator of the Federal Highway Administration, Defendants-Appellants, Cross-Appellees, The City of New York, Defendant-Intervenor.

United States Court of Appeals, Second Circuit.

Decided October 28, 1985.


Attorney(s) appearing for the Case

Howard Wilson, Asst. U.S. Atty., S.D.N.Y., New York City (Rudolph W. Giuliani, U.S. Atty., S.D.N.Y., Peter C. Salerno, Asst. U.S. Atty., S.D.N.Y., New York City, of counsel), for defendant-appellant U.S. Army Corps of Engineers.

Paul J. Curran, New York City (Bruce Margolius, Steven E. Shapiro, Kaye, Scholer, Fierman, Hays & Handler, New York City, of counsel), for defendant-appellant New York State Dept. of Transp.

Albert K. Butzel, New York City (Mitchell S. Bernard, Jean M. McCarroll, Butzel & Kass, New York City, of counsel), for plaintiffs-appellees.

Before OAKES, MESKILL and KEARSE, Circuit Judges.


MESKILL, Circuit Judge:

Appellants the United States Army Corps of Engineers (Corps) and the Commissioner of the New York State Department of Transportation (State) appeal from a judgment entered against them and the Federal Highway Administration (FHWA) in the United States District Court for the Southern District of New York, Griesa, J., awarding attorneys' fees to appellees. The district court awarded the fees under the bad faith exception to the American...

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