United States v. Stone Container Corp.

This case requires us to decide whether an intervenor-plaintiff in a suit brought by the Environmental Protection Agency (“EPA”) under § 113(b) of the Clean Air Act (the “CAA” or the “Act”), 42 U.S.C. § 7413 (b), is entitled to litigation costs pursuant to § 304(d) of the Act, 42 U.S.C. § 7604 (d).

Montana Coalition for Health, Environmental and Economic Rights (“CHEER”) 2 intervened in a § 113(b) action brought by the EPA against Stone Container Corporation (“Stone”). The suit resulted in a consent decree. CHEER appeals the district court’s denial of its motion for attorneys’ fees. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. We hold that an intervenor-plaintiff in a § 113(b) case is not entitled to recover attorneys’ fees under § 304 of the Act. Section 304(d) provides that the court may award litigation costs, “including attorney and expert witness fees” in an “action brought pursuant to [§ 304(a)],” the citizen suit provision. The Act makes no provision for fees for an intervenor-plaintiff in a suit brought by the government under § 113(b).

BACKGROUND

CHEER’s request for attorneys’ fees arises out of a § 113 action commenced on January 22, 1996, by the…