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U.S. v. STONE CONTAINER CORP.

No. 98-36175.

196 F.3d 1066 (1999)

UNITED STATES of America, Plaintiff, v. STONE CONTAINER CORPORATION, Defendant-Appellee, v. Montana Coalition for Health, Environmental and Economic Rights, Inc., Cold Mountain, Cold Rivers, Inc. and Native Forest Network, Inc., Plaintiffs-Intervenors-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided November 19, 1999.

Attorney(s) appearing for the Case

Charles M. Tebbutt, Western Environmental Law Center, Eugene, Oregon, for the plaintiffs-intervenors-appellants.

Russell S. Frye, Collier, Shannon, Rill & Scott, Washington, D.C., for the defendant-appellee.

Before: White, Associate Justice, Retired, and Thomas and McKeown, Circuit Judges.

McKEOWN, Circuit Judge:

This case requires us to decide whether an intervenor-plaintiff in a suit brought by the Environmental Protection Agency ("EPA") under § 113(b) of the Clean Air Act (the "CAA" or the "Act"), 42 U.S.C. § 7413(b), is entitled to litigation costs pursuant to § 304(d) of the Act, 42 U.S.C. § 7604(d).

Montana Coalition for Health, Environmental and Economic Rights ("CHEER")2 intervened in...

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