Case Conclusion Date: June 1, 1999
Practice Area: Environmental / Natural Resources
Outcome: 9th Cir. affirmed D. Mont. decision for Stone
Description: Case of first impression whether an environmental advocacy group that supported U.S. Environmental Protection Agency and Department of Justice in a Clean Air Act enforcement case could recover attorney's fees for its role, pursuant to Clean Air Act section 304. Court held that only a group that initiated a citizen enforcement action could recover fees, not a group that intervened in a government enforcement action. Western Environmental Law Center represented the intervenor citizen groups who were seeking attorneys fees and appealed the District of Montana's denial of those fees to the U.S. Court of Appeals for the Ninth Circuit.