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AMIGOS BRAVOS v. E.P.A.

No. 02-2030.

324 F.3d 1166 (2003)

AMIGOS BRAVOS, a nonprofit corporation, and New Mexico Citizens for Clean Air and Water, a nonprofit corporation, Plaintiffs-Appellants, v. ENVIRONMENTAL PROTECTION AGENCY, United States; Carol Browner, Administrator of the Environmental Protection Agency; and Greg Cook, EPA Regional Administrator for Region VI, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 2, 2003.

Attorney(s) appearing for the Case

Matthew K. Bishop, Taos, NM, for Plaintiffs-Appellants.

Kathryn E. Kovacs, U.S. Department of Justice, Environment & Natural Resources Division, Appellate Section, Washington, DC (Thomas L. Sansonetti, Assistant Attorney General; David C. Shilton and Mary F. Edgar, U.S. Department of Justice, Environment & Natural Resources Division, Appellate Section, Richard T. Witt, U.S. Environmental Protection Agency, Office of General Counsel, Washington, DC, and Renea Ryland, U.S. Environmental Protection Agency, Office of Regional Counsel, Dallas, TX, of counsel, with her on the brief), for Defendants-Appellees.

Before BRISCOE, BALDOCK, and HARTZ, Circuit Judges.

HARTZ, Circuit Judge.

This appeal concerns the availability of an award for litigation costs (including attorney fees) under § 505(d) of the Clean Water Act (CWA), 33 U.S.C. § 1365(d), when a lawsuit has been mooted by government conduct in apparent response to the lawsuit.

Plaintiffs Amigos Bravos and New Mexico Citizens for Clean Air and Water brought suit to compel the Environmental Protection Agency (EPA) to take action against pollution by Molycorp...

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