ELR Citation: ELR 20551
No(s). 4597 (D. Del. Apr 8, 1974)

The court denies plaintiff's motion for attorney fees and holds that although §304(d) of the Clean Air Act permits the granting of such fees to a losing party, the equities in this case make such an award inappropriate. The defendant acted with reasonable diligence and good faith in attempting to achieve compliance with the sulfur dioxide emission standards of the Delaware implementation plan, and properly requested a variance when compliance appeared technologically impossible. Section 304(d) was intended to encourage citizens to bring suit when state and federal agencies fail to enforce Clean Air Act standards, not when, as here, the EPA Administrator is actively engaged in reviewing a variance granted under a state implementation plan. For the court's earlier ruling denying plaintiffs' claims for damages and a preliminary injunction, see 4 ELR 20129.

Counsel for Plaintiff
Jacob Kreshtool
John S. Grady
Bader, Dorsey & Kreshtool
1102 West Street
Wilmington, DE 19801

Counsel for Defendant
Arthur G. Connolly, Jr.
Connolly, Bove & Lodge
18th Floor Farmers Bank Building
Wilmington, DE 19899

John T. Ronan, III
Stauffer Chemical Company
Westport, CT 06880

Robert L. Ackerly
Sellers, Connor & Cuneo
1625 K Street, NW
Washington, DC 20006