Legal Opinion
Amigos Bravos v. Environmental Protection Agency
Court of Appeals for the Tenth Circuit
Decided April 2, 2003No. 02-2030PublishedCited by 4 opinions
1Opinion of the Court
HARTZ, Circuit Judge.
This appeal concerns the availability of an award for litigation costs (including attorney fees) under § 505(d) of the Clean Water Act (CWA), 33 U.S.C. § 1365(d), when a lawsuit has been mooted by government conduct in apparent response to the lawsuit.
Plaintiffs Amigos Bravos and New Mexico Citizens for Clean Air and Water brought suit to compel the Environmental Protection Agency (EPA) to take action against pollution by Molycorp, Inc. The suit was dismissed as moot when the EPA issued Molycorp a permit with respect to the pollution at issue. Contending that their…
2Cases cited23 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
- Heckler v. ChaneySupreme Court of the United States · 1985
- Supre v. RickettsCourt of Appeals for the Tenth Circuit · 1986
- Phillip L. Foremaster v. City of St. George, a Political Subdivision of the State of UtahCourt of Appeals for the Tenth Circuit · 1989
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3Cited by4 opinions
- People v. SimonColorado Court of Appeals · 2004
- RUN CORP. v. Box Elder CountyDistrict Court, D. Utah · 2006
- Citizens for Constitutional Integrity v. United StatesCourt of Appeals for the Tenth Circuit · 2026
- Smith v. Standard Life Insurance CompanyDistrict Court, W.D. Oklahoma · 2020