Tuesday, February 23, 2010

Am. Canoe Ass’n v. Louisa, No. 01-99-ART (E.D. Ky Jan. 27, 2010).

In a Clean Water Act citizen suit, a substantially prevailing party is entitled to attorneys’ fees and costs. A party need not achieve complete success in order to qualify as a substantially prevailing party; however, the fee awarded must be reasonable. Reasonableness is determined based on the location of the venue and the appropriateness of time spent, among other things.

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