ELR Citation: ELR 20110
No(s). SA72CA77 (W.D. Tex. Jun 28, 1973)

Environmentalist plaintiffs are awarded attorney fees, costs, and expenses in the amount of $20,000 even though the court rules that the final EIS challenged in the suit adequately complies with the requirements of NEPA. The plaintiffs occupy the position of private attorneys general in that NEPA, like the Civil Rights Acts, relies to a great extent on citizen suits as a means of enforcement. This suit served to promote a thorough examination of a large-scale development project's possible impact on the San Antonio area's delicate artesian aquiter system, a review that resulted in design modifications and safeguards. Though the prcject was not stopped, these design changes might not have been made if plaintiffs had not brought suit. The court notes that it has inherent equitable power to award attorney's fees if so prompted by overriding considerations, and states that in this case the overriding consideration which prompted the award was the public service rendered by the plaintiffs. The award is computed on the basis of the rate enumerated in the Criminal Justice Act, and liability for the full amount is placed on the private developer since HUD is exempt by law from such liability. Plaintiffs' motion for an injunction pending appeal is denied.

Counsel for Plaintiffs
Bruce J. Terris
1908 Sunderland Place, NW
Washington, DC 20036

Phillip D. Hardberger
119 Villita
San Antonio, TX 78205

Counsel for Plaintiff-Intervenor Edwards Water District
Jon Wood
1500 Alamo National Building
San Antonio, TX 78205

Counsel for Intervenor Texas Water Quality Board
M. Lynn Taylor
Box 12548
Austin, TX 78212

Counsel for Intervenor Bexar County
Keith Burris
Bexar County Courthouse
San Antonio, TX 78204

Counsel for Defendants
Hugh P. Shovlin Asst. U.S. Attorney
Federal Building
San Antonio, TX 78205

Seagal V. Wheatley
711 Navarro
San Antonio, TX 78205