ELR Citation: ELR 20771
No(s). C80-225-L (D.N.H. Jun 24, 1987)

The court holds that a small business that has been dismissed as a defendant in an action under the Comprehensive Environmental Response, Compensation, and Liability Act is entitled to attorney fees under the Equal Access to Justice Act (EAJA). The court holds that the United States was not substantially justified in bringing suit against the company. The United States admitted that it had no evidence indicating that the company arranged for the disposal of hazardous substances at the site. The court holds that the company may recover the costs of two trial observers. The court holds that the company is entitled to the costs incurred by its president in meeting with counsel and testifying at trial. Although the president's expenses might not be recoverable under a literal interpretation of 28 U.S.C. §2412(d)(2)(A) because he is not an attorney, to deny these expenses in this case would be unjust. The court disapproves a portion of the fees requested that were not adequately itemized. The court holds that the company is entitled to recover fees for one attorney at the rate of $110 an hour. Inflation and the attorney's proficiency justify a rate in excess of the $75 per hour ceiling in the EAJA. The court refuses to approve fees requested for work that was not adequately documented.

Counsel are listed at 18 ELR 20773.