ELR Citation: ELR 20784
No(s). 91-CV-4114 (JRB) (E.D.N.Y. Nov 6, 1992)

The court reduces the compensable attorney and paraprofessional hours and fees for a private law firm and two environmental groups awarded in American Lung Ass'n v. Reilly, 22 ELR 20934. In American Lung Ass'n v. Reilly, the court did not allow intervention by a coalition of utility companies and trade organizations in a suit alleging that the U.S. Environmental Protection Agency (EPA) violated its non-discretionary duty under the Clean Air Act (CAA) to review the national ambient air quality standard for ozone every five years. The court holds that the fee award is appropriate, because the lawsuit resulted in an extremely favorable settlement for the plaintiffs. However, the court finds that time expenditures were inadequately specified, litigation chores were overstaffed, and attorneys spent unnecessary hours reviewing and revising their own work. The court finds that use of seven attorneys for an EPA notice letter, six attorneys for drafting a complaint, and eight attorneys for preparing a motion for summary judgment was excessive. The court holds that 40 percent of the plaintiffs' hours must be deducted. The court also finds that the law firm proposed hourly rates exceeding those prevailing in the New York City environmental law community for services by lawyers of reasonably comparable skill, experience, and reputation. The proposed rate for one environmental group's attorney is reasonable, because EPA informed the court that he had extensive CAA litigation experience and expertise, but the proposed rates for the other environmental group's attorneys are not supported by specific information about their expertise, beyond indicating where the attorneys attended law school.

Counsel for Plaintiffs
Robert J. Zastrow, Gregory R. Belcamino
Stroock, Stroock & Lavan
Seven Hanover Sq., New York NY 10004
(212) 806-5400

Counsel for Defendants
Craig Galli
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000