NATURAL RESOURCES DEFENSE COUNCIL, INC. v. THOMAS

Nos. 84-5566 to 84-5569.

801 F.2d 457 (1986)

NATURAL RESOURCES DEFENSE COUNCIL, INC., Appellant, v. Lee M. THOMAS, Administrator, Environmental Protection Agency, et al. (Four Cases).

United States Court of Appeals, District of Columbia Circuit.

Decided September 12, 1986.


Attorney(s) appearing for the Case

Ronald J. Wilson, with whom J. Taylor Banks, Washington, D.C., was on brief, for appellant.

Charles F. Lettow, with whom Douglas E. Kliever, Washington, D.C., for Union Carbide Corp., et al., Douglas E. McAllister, Washington, D.C., for American Min. Congress, Richard E. Schwartz, Washington, D.C., for American Iron and Steel Institute, Stark Ritchie and James K. Jackson, Washington, D.C., for American Petroleum Institute, et al., and Turner T. Smith, Jr., for Alabama Power Co., et al., were on joint brief, for appellees Union Carbide Corp., et al.

Susan Geggel Lepow, Atty., U.S.E.P.A., Washington, D.C., entered an appearance for appellee EPA.

Ellen J. Durkee and Robert L. Klarquist, Attys., U.S. Dept. of Justice, Washington, D.C., entered appearances for appellee U.S.

Robin S. Conrad, Washington, D.C., was on brief for amicus curiae Chamber of Commerce of the U.S.

Before ROBINSON, EDWARDS and SCALIA, Circuit Judges.


Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge:

Section 505(d) of the Clean Water Act, added by the Federal Water Pollution Control Act Amendments of 1972 ("FWPCA Amendments of 1972"), Pub.L. No. 92-500, 86 Stat. 816, 889 (codified at 33 U.S.C. § 1365(d) (1982)), provides that a court may award attorney's fees in citizen suits brought under the Act "whenever the court determines such award is appropriate." In this case, we...

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