McMahon DeGulis LLP is pleased to bring you the MD Ohio Environmental Update. The Update features important state and federal cases, statutory and regulatory changes, and policy initiatives affecting environmental law in Ohio.
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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