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Name of Article:
Attorneys' Fees in Environmental Citizen Suits: Should Prevailing Defendants Recover? 
Title of Book/Journal:
Boston College Environmental Affairs Law Review 
English Translation:
Publication Date:
Florio, Kerry D.
Issue: 4
Pages: 707    
Corporate Author:
EPA Number:
Other Number:
This article discusses how U.S. citizens are often unable to enforce environmental legislation without the provision of attorney's fees in environmental citizen suits, due to the high costs of litigation. When defendants prevail, however, they are also attempting to obtain attorney's fees from the citizen plaintiffs. Historically, this has happened under limited circumstances, but defendants are arguing increasingly that they are entitled to attorney's fees as the prevailing party and not just when a suit is frivolous. The development of citizen suits and attorney's fees provisions is examined, arguing that attorney's fees awards should be made to defendants only when they are equitable. The arguments defendants often make in requesting attorney's fees awards are summarized. It is suggested that the U.S. Congress has given the courts discretion to award such fees when equitable or appropriate and to award them to both plaintiffs and defendants when the court determines that the award is equitable in light of the specific circumstances of the case.

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Last updated on Monday, December 2nd, 2002