New Jersey v. Environmental Protection Agency
Court of Appeals for the D.C. Circuit
1Opinion of the Court
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 mercury emissions from power plants. See New Jersey v. EPA, 517 F.3d 574 (D.C.Cir.2008). The Tribes also filed a petition for…
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