ELR Citation: ELR 20005
No(s). 07-11247 (5th Cir. Dec 17, 2008)

The Fifth Circuit affirmed a lower court decision denying an environmental group's request for attorneys fees incurred during its Clean Water Act citizen suit against the city of Dallas, Texas. The group filed suit against the city in 2003. Shortly thereafter, the U.S. Environmental Protection Agency (EPA), which was conducting its own investigation against the city, filed suit. Despite being encouraged to intervene in EPA's action, the group declined to do so. After EPA and the city entered into a consent decree, the group's action was deemed moot. Because the group did not obtain actual relief, it is not a prevailing party entitled to attorneys fees. Nor was the group a catalyst to the EPA lawsuit, since it was not the first to identify the violations.

[A prior decision in this litigation can be found at 38 ELR 20129.]