ELR Citation: ELR 20660
No(s). 73-2184 (D.C. Cir. Jun 28, 1974)

The court reverses a district court order requiring the Secretary of the Interior to pay plaintiff's attorney fees and expenses in a successful suit against agency regulations governing water allocations. Statutory liberalization of the traditional judicial doctrine prohibiting awards of costs to parties prevailing in litigation against the United States did not change the general rule against assessing attorney fees in such instances in the absence of specific legislation authorizing such an award. The district court erred in holding that statutes authorizing representation of Indian tribes by the U.S. Attorney or private counsel implicitly vest authority in the courts to impose liability for a tribe's private counsel's fees on the federal government. For the district court's opinion, see 3 ELR 20730.

Counsel for Appellee
Robert S. Pelcyger
David H. Getches
Native American Rights Fund
1506 Broadway
Boulder, CO 80302

L. Graeme Bell III
Native American Rights Fund
1712 N Street, NW
Washington, DC 20036

Counsel for Appellants
Wallace H. Johnson
Asst. Attorney General
Lawrence E. Shearer
Carl Strass
Department of Justice
Washington, DC 20530