State of New Jersey, et al. v. EPA, No. 05-1097 (D.C. Cir. 2011)Annotate this Case
This case involved a motion for fees and costs under section 307(f) of the Clean Air Act, 42 U.S.C. 7607(f), which authorized courts to award costs of litigation whenever they determined that such award was appropriate. In the underlying litigation, movants intervened on behalf of petitioners who were challenging EPA rules regulating mercury emissions from power plants. The court vacated the mercury rules and agreed with petitioners that the rules violated the Act. Movants subsequently sought the court to order the EPA to pay their fees and costs. The court concluded that movants merited a fee award because they contributed to the proper implementation and administration of the Act or otherwise served the public interest. The court declined, however, to weigh in on the appropriate amount. Instead, the court directed the parties to its Appellate Mediation Program.
This opinion or order relates to an opinion or order originally issued on February 8, 2008.