687 F.3d 386
D.C. Cir.2012Background
- Movants are Native American tribes and tribal associations that intervened in the underlying Clean Air Act litigation and sought fees under 42 U.S.C. § 7606(f) (307(f)).
- In New Jersey v. EPA, 663 F.3d 1279 (D.C.Cir. 2011), the court held Movants were entitled to fees and costs; Movants filed an updated motion for $369,027.25 for 1,181 hours and costs.
- The court finds the fee request excessive and awards substantially less than Movants seek.
- The court applies the lodestar method: reasonable rate times reasonable hours; EPA proposes a flat rate derived from Movants’ total divided by hours, and the court adopts $305,125 per hour for calculation purposes.
- The court scrutinizes hours by category, reducing or denying portions based on reasonableness and connection to intervenor role, as opposed to petitioners’ role.
- Overall, Movants reasonably expended 355.95 hours, resulting in an award of $108,609.24 for attorney time plus $3,186.50 in uncontested costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the overall fee request reasonable under the lodestar method? | Movants | EPA | Yes, but with substantial reductions; hours and costs adjusted to reasonableness. |
| What hourly rate should be used for calculating the lodestar? | Movants | EPA | The court adopts a flat rate of $305,125 per hour for calculation. |
| Are initial case preparation hours reasonably expended? | Movants | EPA | Denied for most hours; compensable hours limited to 20. |
| Are administrative-proceedings hours compensable as intervenors? | Movants | EPA | Denied; time not sufficiently connected to intervenor role. |
| Should merits briefing hours be capped given Movants’ narrow role as intervenors? | Movants | EPA | Award reduced to 25% of hours requested (144.7 hours) for merits briefing. |
Key Cases Cited
- American Petroleum Institute v. EPA, 72 F.3d 907 (D.C. Cir. 1996) (burden to prove reasonableness of each fee element; lodestar method)
- Michigan v. EPA, 254 F.3d 1087 (D.C. Cir. 2001) (reasonableness standard for fees; 42 U.S.C. § 7606(f))
- Role Models Am., Inc. v. Brownlee, 353 F.3d 962 (D.C. Cir. 2004) (need for detailed contemporaneous billing records; avoid vague entries)
- Envtl. Def. Fund, Inc. v. EPA, 672 F.2d 42 (D.C. Cir. 1982) (courts may independently review fee records for reasonableness)
- Wilkett v. ICC, 844 F.2d 867 (D.C. Cir. 1988) (reasonableness of hours for merits briefing; focus on detailed itemization)
- Sierra Club v. EPA, 769 F.2d 796 (D.C. Cir. 1985) (fee petitions regarding time spent on complex tasks; potential reductions)
- New Jersey v. EPA, 663 F.3d 1279 (D.C. Cir. 2011) (intervenor-fee entitlement; distinguish intervenor vs. petitioners’ roles)