ELR Citation: ELR 20730
No(s). 2506-70 (D.D.C. Jun 22, 1973)

The court awards $106,000 to the tribe on an unopposed motion for recovery of attorney fees and costs in connection with successful litigation against the Secretary of the Interior. Considerations of equity favor recovery where the suit serves two avowed congressional purposes, to prevent dissipation of tribal assets and to protect the environment. The general rule preventing recovery of attorney fees in suits against the government is no bar since statutes allowing Indian tribes representation by the U.S. Attorney or outside counsel impliedly authorize recovery of attorney fees. Constitutional problems would be raised if the approval of the Secretary of the Interior were required, as specified in the statute, for employment of counsel in a suit against the Secretary.

Counsel for Plaintiff
Arthur Lazarus Jr.
Fried, Frank, Harris, Shriver and Kampelman
600 New Hampshire Avenue, NW
Washington, DC 20037

Counsel for Defendant
Robert Whaley
Joseph Hannon
Douglas King U.S. Attorneys
Department of Justice
Washington, DC 20530