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GRIFFIN INDUSTRIES, INC. v. U.S. E.P.A.

No. 09-6422.

640 F.3d 682 (2011)

GRIFFIN INDUSTRIES, INC., Plaintiff-Appellee, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Defendant-Appellant, Lisa P. Jackson, Administrator, United States Environmental Protection Agency, Defendant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 12, 2011.

Attorney(s) appearing for the Case

ARGUED: Andrew Sparks , Assistant United States Attorney, Lexington, Kentucky, for Appellant. Paul Alley , Graydon Head & Ritchey LLP, Ft. Mitchell, Kentucky, for Appellee. ON BRIEF: Andrew Sparks , Charles P. Wisdom, Jr. , Assistant United States Attorneys, Lexington, Kentucky, for Appellant. Paul Alley , Lynda Hils Mathews , Graydon Head & Ritchey LLP, Ft. Mitchell, Kentucky, for Appellee.

Before: GUY, CLAY, and McKEAGUE, Circuit Judges.

OPINION

McKEAGUE, Circuit Judge.

This is an appeal from an award of attorney fees in the amount of $116,038.03, assessed against the United States Environmental Protection Agency ("EPA") under the Equal Access to Justice Act, 28 U.S.C. § 2412(b). The award is premised on the district court's findings that the EPA acted arbitrarily and not in accordance with law in responding to efforts by plaintiff Griffin Industries, Inc. ("Griffin") to prevent the...

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