ELR Citation: ELR 20860
No(s). 1944-73 (D.D.C. Sep 30, 1974)

Plaintiffs, although unsuccessful on the merits of their Clean Air Act suit to block construction of two buildings, are awarded court costs and counsel fees against the District of Columbia government. Plaintiffs were unable to prove that the planned construction would prevent the city from meeting national air quality standards by May 31, 1977, but they did succeed in demonstrating the D.C. government's inaction and procrastination in implementing the Clean Air Act. The Act authorizes awards of court costs and counsel fees to "any party, whenever the court determines such award is appropriate." This provision is not subject to the traditional American rule limiting awards of counsel fees to successful litigants in certain special circumstances. The suit was brought against the city government and also two private parties whom the court found to be in violation of no law. Plaintiffs acted reasonably, therefore, in requesting reimbursement for only one third of their attorneys' time. In deciding that an award is appropriate, the court observes that the case was one of first impression in the D.C. Circuit and involved issues raised by a relatively recent statute, so that extensive preparation was required. For the order denying the preliminary injunction, see 4 ELR 20292.

Counsel for Plaintiff
Bruce J. Terris
1908 Sunderland Place. NW
Washington, DC 20036

Counsel for Defendant
David Eisenberg
Assistant Corporation Counsel
14th and E Sta., NW
Washington, DC 20004