ELR Citation: ELR 20405
No(s). 1451 C.D. 1984 (Pa. Commw. Ct. Jul 3, 1985)

The court holds that parties that intervened in a consent decree between the Pennsylvania Department of Environmental Resources and a landfill owner and negotiated significant improvements to the decree in favor of area residents are entitled to attorney fees and costs under §601(8) of Pennsylvania's Clean Streams Law. The court finds reasonable the request for fees and costs from one intervenor, the township where the landfill is located. The court finds, however, that the request from the other intervenor, an organization of local citizens, must be reduced. The court holds that the time spent by counsel preparing the fee application may not be included in the lodestar fee. The court also holds that application of a multiplier of two to the lodestar fee is not warranted. There was no evidence that counsel was at risk in recovering fees. Further, the quality of counsel's work, the bulk of which consisted of negotiations, was not sufficiently exceptional to justify an increase in the lodestar value.

Counsel for Plaintiff
George Jugovic, Ass't Counsel
Department of Environmental Resources
503 Executive House, P.O. Box 2357, Harrisburg PA 17120
(717) 787-9035

Joel R. Burcat, R. Stephen Shibla, Henry W. Rhoads
Rhoads & Sinon
P.O. Box 1146, Harrisburg PA 17108
(717) 233-5731

Counsel for Defendant
Robert M. Strickler
Kagan, Strickler, Lerman & Solymons
2250 E. Market St., P.O. Box 1442, York PA 17405
(717) 575-7602