ELR Citation: ELR 20278
No(s). 90-35430 (9th Cir. Oct 11, 1991)

The court holds that environmental groups that entered into a settlement with Idaho requiring the state to promulgate Federal Water Pollution Control Act (FWPCA) §303 water quality standards are not entitled to collect attorney fees from the U.S. Environmental Protection Agency (EPA) under FWPCA §505(d). The environmental groups sued EPA alleging that it failed to perform its duty to promulgate water quality standards for Idaho under FWPCA §303(c). While its §505 citizen suit against EPA was stayed, the groups entered into the settlement with Idaho. EPA was not involved in the settlement negotiations and was not a party to the settlement. The court holds that the environmental groups are prevailing parties under FWPCA §505(d). However, the court holds that the groups are not entitled to attorney fees from EPA because they prevailed against Idaho but not EPA. The district court issued no ruling against EPA, EPA did not participate in the settlement, and the suit was not a catalyst for any EPA action.

Counsel for Defendants-Appellants
Dirk D. Snel, Katherine Hazard
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Counsel for Plaintiffs-Appellees
Victor M. Sher
Sierra Club Legal Defense Fund
216 1st Ave. S., Ste. 330, Seattle WA 98104
(206) 343-7340

Before BROWNING, CANBY, and TROTT, Circuit Judges.