INTERFAITH COMMUNITY ORG. v. HONEYWELL INTERN.

Nos. 11-3813, 11-3814.

726 F.3d 403 (2013)

INTERFAITH COMMUNITY ORGANIZATION; Lawrence Baker; Martha Webb Herring; Margaret Webb; Winston Clarke; Margarita Navas; Hackensack Riverkeeper, Inc.; William Sheehan v. HONEYWELL INTERNATIONAL, INC, F/K/A AlliedSignal, Inc; Roned Realty of Jersey City, Inc.; Roned Realty of Union City, Inc.; W.R. Grace & Co; Ecarg Inc; W.R. Grace Ltd; *Kellogg Street 80 Property; *Kellogg Street 440 Property, LLC.; *Kellogg Street 60 Property, LLC Honeywell International, Inc., Kellogg Street 80 Property, LLC, Kellogg Street 440 Property, LLC, Kellogg Street 60 Property, LLC, Appellants in No. 11-3813. *(Pursuant to Fed. R.App. P. 12(a)). Jersey City Municipal Utilities Authority; Elizabeth Rosario; Rafael Rosario; Hackensack Riverkeeper, Inc.; William Sheehan; Winston Clarke; Lawrence Baker; Jersey City Incinerator Authority v. Honeywell International Inc; Paul Trenk; Steve Gallo; Bob Ciasulli; Degen Oil and Chemical Co; Inland Southeast Jersey City, LLC; Kellogg Street 60 Property, LLC; Kellogg Street 80 Property, LLC; Kellogg Street 440 Property, LLC; 100 Kellogg Street, LLC; New Jersey City University; Jerramiah T. Healy; Oren Dabney, In his official capacity as Director of Jersey City Incinerator Authority; John Yurchak, In his official capacity as Director of Jersey City Department of Public Works; Daniel Becht, Executive Director of Jersey City Municipal Utilities Authority; Bayonne Municipal Utilities Authority; Carlos M. Hernandez, In his official capacity as President of New Jersey City University Honeywell International, Inc., Kellogg Street 80 Property, LLC, Kellogg Street/440 Property, LLC, Kellogg Street 60 Property, LLC, Appellants in 11-3814.

United States Court of Appeals, Third Circuit.

Filed: July 8, 2013.

As Amended July 11, 2013.

As Amended July 22, 2013.


Attorney(s) appearing for the Case

Lisa S. Blatt, Esq. [argued], Michael D. Daneker , Dirk C. Phillips , R. Stanton Jones , Arnold & Porter, Washington, D.C., for Appellants.

Bruce J. Terris , Carolyn Smith Pravlick, Esq. [argued], Michelle Weaver , Terris, Pravlik & Millian, LLP, Washington, D.C., for Appellees.

Before: McKEE, Chief Judge, SLOVITER and VANASKIE, Circuit Judges.


OPINION OF THE COURT

VANASKIE, Circuit Judge.

"A request for attorney's fees should not result in a second major litigation." Hensley v. Eckerhart, 461 U.S. 424, 437, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983). Regrettably, requests for attorneys' fees in this protracted environmental clean-up case have resulted not only in a second major litigation, but a third as well. An earlier...

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