Northern Plains Resource Council v. United States Environmental Protection Agency

670 F.2d 847 17 ERC 1343 , 12 Envtl. L. Rep. 20 ,427 NORTHERN PLAINS RESOURCE COUNCIL, Petitioner, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, The Montana Power Company, the Washington Water Power Company, Puget Sound Power and Light Company, Portland General Electric Company, and Pacific Power and Light Company, Intervenors. No. 79-7618. United States Court of Appeals, Ninth Circuit. March 1, 1982. Before TANG, SCHROEDER and NELSON, Circuit Judges. ORDER 1 In Northern Plains Resource Council v. EPA, 645 F.2d 1349 (9th Cir. 1981), we affirmed the decision of the EPA. Subsequent to our decision, Northern Plains Resource Council (NPRC) filed for an award of attorney's fees pursuant to the Clean Air Act, § 307(f), 42 U.S.C. § 7607 (f) (§ 307(f)). EPA opposes this request, primarily arguing that under the circumstances of this case an award of attorney's fees would be inappropriate. 1 DISCUSSION 2 Section 307(f) provides that "in any judicial proceeding under this section, the court may award costs of litigation (including reasonable attorney's and expert witness's fees) whenever it determines that such an award is appropriate." As EPA recognizes,…