ELR Citation: ELR 20368
No(s). 71-2052 (9th Cir. Mar 26, 1974)

The court holds moot an action to halt two projects for the enlargement of the Portland Airport and the construction of an interstate highway bridge, both of which would entail extensive dredging and filling of the Columbia River, since plans for both projects have been abandoned. The court denies plaintiffs' motion for attorney fees, noting that this is not an exceptional case which might warrant deviation from the normal rule against the awarding of such fees. Plaintiffs' contention that they have been successful in this litigation because they alone are responsible for stopping the projects is not persuasive in view of defendants' statement that the stoppage was due to changed circumstances relating to air traffic and the fact that the trial court found for the defendants on all issues.

Counsel for Plaintiffs
Marvin B. Durning
Durning & Smith
1411 Fourth Avenue Building
Seattle, WA 98101

John D. Hoffman
Sierra Club Legal Defense Fund, Inc.
311 California Street
San Francisco, CA 94104

Counsel for Defendants
Kent Frizzell Asst. Attorney General
George R. Hyde
Larry G. Gutterridge
Department of Justice
Washington, DC 20530

Sidney I. Lezak U.S. Attorney
Jack G. Collins Asst. U.S. Attorney
506 U.S. Courthouse
Box 71
Portland, OR 97207

Counsel for Intervenor Port of Portland
Lofton L. Tatum
Wood, Wood, Tatum, Mosser & Brooke
1505 Standard Plaza
Portland, OR 97207