NEW JERSEY v. E.P.A.

Nos. 05-1097, 05-1104, 05-1116, 05-1118, 05-1158, 05-1159, 05-1160, 05-1162, 05-1163, 05-1164, 05-1167, 05-1174, 05-1175, 05-1176, 05-1183, 05-1189, 05-1263, 05-1267, 05-1270, 05-1271, 05-1275, 05-1277, 06-1211, 06-1220, 06-1231, 06-1287, 06-1291, 06-1293, 06-1294.

663 F.3d 1279 (2011)

State of NEW JERSEY, et al., Petitioners v. ENVIRONMENTAL PROTECTION AGENCY, Respondent Utility Air Regulatory Group, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

December 20, 2011.


Attorney(s) appearing for the Case

Riyaz A. Kanji and David A. Giampetroni were on the Tribal Intervenors' motions for costs of litigation including attorney fees and the reply.

Matthew R. Oakes , Attorney, U.S. Department of Justice, was on the opposition to the Tribal Intervenors' motion.

Dissenting opinion filed by Circuit Judge BROWN.


TATEL, Circuit Judge:

This is a motion for fees and costs under section 307(f) of the Clean Air Act, which authorizes courts to "award costs of litigation (including reasonable attorney and expert witness fees) whenever [they] determine[] that such award is appropriate." 42 U.S.C. § 7607(f). In the underlying litigation, movants, a group of Native American tribes and tribal associations, intervened on behalf of petitioners who were challenging EPA rules regulating...

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