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SIERRA CLUB v. E.P.A.

No. 00-1262.

322 F.3d 718 (2003)

SIERRA CLUB and New York Public Interest Research Group, Petitioners, v. ENVIRONMENTAL PROTECTION AGENCY and Christine Todd Whitman, Administrator, U.S. Environmental Protection Agency, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided March 18, 2003.

Attorney(s) appearing for the Case

David S. Baron argued the cause and filed the briefs for petitioners.

David J. Kaplan, Attorney, U.S. Department of Justice, argued the cause for respondents. With him on the brief was Jan M. Tierney, Attorney, U.S. Environmental Protection Agency.

Before: GINSBURG, Chief Judge, and ROGERS and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

The Clean Air Act authorizes an award of attorney's fees "whenever [the court] determines that such award is appropriate." In this case, organizations that settled their Clean Air Act suit against the Environmental Protection Agency prior to adjudication on the merits move for an award of fees. The EPA opposes the motion, arguing that only parties who obtain court-awarded relief may...

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