Club

Sierra Club v. United States Environmental Protection Agency

Good Law
625 F. Supp. 2d 863·66 ERC (BNA) 1421·2007 U.S. Dist. LEXIS 77856
United States District Court, Northern District of CaliforniaOctober 19, 2007C 06-5288 MHPCalifornia4,060 words

Opinion

Opinion

Patel, J.

MEMORANDUM & ORDER

Re: Plaintiffs Motion For Costs and Attorneys’ Fees

On August 29, 2006 plaintiff Sierra Club filed this action against defendant United States Environmental Protection Agency (“EPA”) pursuant to the citizen suit provision of the Clean Air Act (“CAA”), 42 U.S.C. § 7604 (a). On May 10, 2007 the court entered a consent decree that resolved the claims in favor of plaintiff. Docket Entry 18. Now before the court is Sierra Club’s motion for attorneys’ fees and costs. The court has considered the parties’ arguments fully, and for the reasons set forth below, the court rules as follows. Having determined there is no need for a hearing on these matters, the court has deemed the matter submitted.

BACKGROUND

Plaintiff Sierra Club filed a complaint against defendant EPA on August 29, 2006 alleging that EPA failed to perform non-discretionary duties to review, and if appropriate, revise the New Source Performance Standards (“NSPS”) for new and modified Portland cement plants set forth in 40 C.F.R. sections 60.60-60.66, Subpart F as required by CAA section 111(b), 42 U.S.C. section 7411 (b)(1)(B), and to publish notice of such action in the Federal Register as required by…

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