Sort of winning pays under CAA

Southern Alliance for Clean Energy v. Duke Energy Carolinas LLC (4th Cir. Apr. 14, 2011):

The Fourth Circuit affirmed a decision awarding nearly $500,000 in attorneys’ fees to environmental groups that challenged approval of a coal-fired power plant in North Carolina. The groups filed suit in July 2008, alleging that state regulators had not checked whether the plant would meet the CAA’s requirement that it use maximum achievable control technology. In December 2008, the district court granted the groups’ motion for summary judgment. However, the district court dismissed the case in July 2009 because regulators had taken over handling the file. Nonetheless, the district court held that the defendant company was required to pay some of the attorneys’ fees that plaintiffs had incurred to that point. The Fourth Circuit affirmed, holding that the plaintiffs need only achieve “some” success to qualify for an award under the CAA.

Related Posts

Recent Articles

Garcia v. San Antonio Metro: Application of the FLSA to State and Local Governments
November 27, 2021
tim coffield - virginia anti-blacklisting law
Virginia Anti-Blacklisting Law and Tortious Interference Claims: Protections for Former Employees Seeking New Employment
November 13, 2021
Virginia Medical Cannabis Oil Employment Law - Tim Coffield
Virginia Medicinal Cannabis Oil Employment Law: Employment Protections for Medicinal Use
October 19, 2021

Disclaimer

The information you obtain at this site is not legal advice, is not intended to be legal advice, and does not create an attorney-client relationship. Parts of this site may be considered attorney advertising. If you have questions about any particular issue or problem, you should contact your attorney. Coffield PLC and attorney Tim Coffield welcome your calls, emails, and contact forms. Contacting Coffield PLC or Tim does not create an attorney-client relationship.