Golden Gate Audobon Society, Inc. v. United States Army Corps of Engineers

Good Law
732 F. Supp. 1014·1989 WL 197845·20 Envtl. L. Rep. (Envtl. Law Inst.) 21264·1989 U.S. Dist. LEXIS 16478
United States District Court, Northern District of CaliforniaJuly 31, 1989C 87-6063 TEHCalifornia5,203 words

Opinion

Opinion

Henderson, J.

ORDER

On August 30, 1988, this Court found that plaintiffs were entitled to an interim award of attorney’s fees against the United States Army Corps of Engineers (hereafter “Corps” or “defendants”) under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 (d)(1)(A), based on their success to date in this litigation. We also approved an hourly rate of $160 for plaintiffs’ attorneys Alan Waltner and Roy Gorman. However, we directed the parties to meet and confer with respect to a reasonable number of compensable hours. Unfortunately, the parties were unable to resolve this matter; thus, we are now called upon to determine a reasonable fee award. In addition, plaintiffs urge the Court to make an additional finding relevant to the hourly rate issue in light of recent Ninth Circuit authority. Finally, they seek reconsideration of this Court’s determination that plaintiffs are not entitled to fees against the Corps under the Clean Water Act, 33 U.S.C. § 1365. Each of these issues will be addressed in turn.

A. DETERMINATION OF REASONABLE ATTORNEY’S FEES

Under EAJA, the amount of fees to be awarded is calculated by multiplying the number of “reasonable hours times a reasonable…

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