No. 85-5.

483 U.S. 711 (1987)


Supreme Court of United States.

Reargued October 15, 1986

Decided June 26, 1987

Attorney(s) appearing for the Case

Jay C. Waldman reargued the cause for petitioners. With him on the briefs on reargument were Henry G. Barr, John P. Krill, and John M. Hrubovcak. With him on the briefs on the original argument were Spencer A. Manthorpe and Messrs. Barr, Hrubovcak, and Krill.

Donald B. Ayer reargued the cause for the United States as respondent under this Court's Rule 19.6 in support of petitioners. Kathryn A. Oberly argued the cause for the United States on the original argument. With her on the brief were Solicitor General Fried, F. Henry Habicht II, and Deputy Solicitor General Geller.

James D. Crawford reargued the cause for respondents. With him on the brief was Joyce S. Meyers.*

Briefs of amici curiae were filed for the State of Arizona et al. by Francis X. Bellotti, Attorney General of Massachusetts, and Suzanne E. Durrell, Assistant Attorney General, Robert K. Corbin, Attorney General of Arizona, Joseph I. Lieberman, Attorney General of Connecticut, Michael J. Bowers, Attorney General of Georgia, Richard G. Opper, Attorney General of Guam, Corinne K. A. Watanabe, Attorney General of Hawaii, Jim Jones, Attorney General of Idaho, Neil F. Hartigan, Attorney General of Illinois, Linley E. Pearson, Attorney General of Indiana, David L. Armstrong, Attorney General of Kentucky, William J. Guste, Jr., Attorney General of Louisiana, James E. Tierney, Attorney General of Maine, Stephen H. Sachs, Attorney General of Maryland, Frank J. Kelley, Attorney General of Michigan, and Louis J. Caruso, Solicitor General, Edward Lloyd Pittman, Attorney General of Mississippi, William L. Webster, Attorney General of Missouri, Stephen E. Merrill, Attorney General of New Hampshire, Lacy H. Thornburg, Attorney General of North Carolina, Nicholas J. Spaeth, Attorney General of North Dakota, Anthony J. Celebrezze, Jr., Attorney General of Ohio, Michael C. Turpen, Attorney General of Oklahoma, T. Travis Medlock, Attorney General of South Carolina, Jeffrey L. Amestoy, Attorney General of Vermont, William Broaddus, Attorney General of Virginia, Kenneth O. Eikenberry, Attorney General of Washington, Charles G. Brown, Attorney General of West Virginia, and A. G. McClintock, Attorney General of Wyoming; and for Twelve Small Private Civil Rights Law Firms by John Leubsdorf.

JUSTICE WHITE announced the judgment of the Court and delivered an opinion, Parts I, II, and III-A of which represent the views of the Court, and Parts III-B, IV, and V of which are joined by THE CHIEF JUSTICE, JUSTICE POWELL, and JUSTICE SCALIA.

This case involves the award of an attorney's fee to the prevailing party pursuant to § 304(d) of the Clean Air Act, 42 U. S. C. § 7604(d).1

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