New Jersey v. Environmental Protection Agency
403 U.S. App. D.C. 203
| D.C. Cir. | 2012Background
- Movants, Native American tribes and tribal associations, sought fees and costs under 42 U.S.C. § 7607(f) following this court's New Jersey v. EPA decision.
- Movants updated their request to $369,027.25, covering 1,181 hours and costs, after an initial award dispute with EPA.
- Court applies the lodestar method: multiply a reasonable hourly rate by reasonable hours, using a flat rate derived from Movants' total request and hours.
- Court reduces hours across several categories based on specificity, duplicative work, and relevance to intervenor role.
- Net result: the court awards $111,660.49 for attorney time and $3,186.50 in costs, significantly less than Movants sought.
- Concurrent opinion expresses doubt about the value of any fee beyond zero and signals potential future reconsideration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reasonableness of lodestar calculation | Movants seek full lodestar based on claimed hours and rates. | EPA contends hours are excessive and need reductions; rates acceptable. | Court adopts lodestar with substantial reductions; awards are greatly diminished. |
| Compensability of administrative-proceedings work | Movants should be compensated for pre-litigation administrative work. | Administrative work not sufficiently connected to intervenor litigation. | Denied as not compensable; limited to intervenor-related work only. |
| Mercury merits briefing time | Movants' merits briefing was reasonable in scope and hours. | Hours are excessive for the narrow intervenor issue. | Award reduced to 25% of hours requested for merits briefing (144.7 hours). |
| Overall fee amount and proportional reductions | Movants are entitled to a substantial fee given their role as intervenors. | Award should be significantly limited to reasonable hours and proportional work. | Total compensable hours capped at 365.95; total award $111,660.49 plus $3,186.50 costs. |
Key Cases Cited
- American Petroleum Inst. v. EPA, 72 F.3d 907 (D.C.Cir.1996) (establishes lodestar method and reasonableness standard)
- Hensley v. Eckerhart, 461 U.S. 424 (U.S. Supreme Ct. 1983) (multiplies reasonable rate by reasonable hours for fees)
- Michigan v. EPA, 254 F.3d 1087 (D.C.Cir.2001) (reasonableness standard for appellate fee awards)
- Role Models Am., Inc. v. Brownlee, 353 F.3d 962 (D.C.Cir.2004) (requires detailed, non-duplicative time records)
- Envtl. Def. Fund, Inc. v. EPA, 672 F.2d 42 (D.C.Cir.1982) (appellate judges may review fee awards for reasonableness)
- Sierra Club v. EPA, 769 F.2d 796 (D.C.Cir.1985) (limits on fee petition time for work on routine matters)
- New Jersey v. EPA, 663 F.3d 1279 (D.C.Cir.2011) (tribal intervenors entitled to fees and costs for intervenor role)
- Wilkett v. ICC, 844 F.2d 867 (D.C.Cir.1988) (merits briefing hours can be capped for intervenors)