ELR Citation: ELR 20312
No(s). 06-1475 (4th Cir. Dec 19, 2007)

The Fourth Circuit affirmed an award of attorney fees in a citizen suit brought under the Surface Mining Control and Reclamation Act with respect to the preliminary injunction phase of the litigation, but reversed fees awarded for the supplemental claims phase. The supplemental phase included plaintiffs' efforts in the administrative arena, which are not recoverable under 30 U.S.C. §1270(d), and will not qualify pursuant to a catalyst theory award because the plaintiffs’ phase two litigation was not shown to be a significant or substantial cause of defendant's remedial actions.