ELR Citation: ELR 20094
No(s). 86-4604 (E.D. Pa. Jun 27, 1989)

The court holds that a plaintiff who prevailed in a Federal Water Pollution Control Act (FWPCA) citizen suit is entitled to reasonable attorney fees and costs. Although the municipality originally agreed in a consent decree to pay reasonable attorney fees and costs, the municipality subsequently argued that the citizen is not entitled to attorney fees. The court holds that the consent decree impliedly demonstrates that the citizen is entitled to relief under the FWPCA as the prevailing party. The court further holds that the citizen's lodestar equation is entitled to a presumption of reasonableness consistent with the underlying fee-shifting policy of the FWPCA to enhance enforcement of federal policy through citizen involvement while avoiding the award of an undue windfall. The court disallows fees for an attorney oriented to but not used in the case; fees for 20 percent of the time spent on the unsuccessful issue of contingency enhancement of the lodestar where enhancement was unnecessary to attract competent counsel; fees for research related to notices of intent to sue and for preparation of press releases; and costs for undocumented telephone, travel, notary, and in-house photocopying costs. The court determines that the hourly rate for a for-profit public interest law firm should be based on the community market rate. The court awards the following: fees incurred after the municipality's settlement offer, since the amount of the final judgment exceeds the offer; a delay enhancement at prevailing market and interest rates; expert witness fees for testimony potentially indispensable had the case gone to trial; subpoena, filing, and deposition costs; and 50 percent of plaintiff's printing and photocopying costs.

[A previous decision in this litigation is published at 20 ELR 20090.]

Counsel for Plaintiff
Randall J. Brubaker
125 S. Ninth St., Ste. 501 The Sheridan Bldg., Philadelphia PA 19107
(215) 627-6395

Counsel for Defendants
Denis W. Lanctot
300 W. Trenton Ave., Morrisville PA 19067
(215) 295-7100