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Home / Opinion Digests / Attorneys’ fees denied where suit did not alter defendant’s action (access required)

Attorneys’ fees denied where suit did not alter defendant’s action (access required)

It remains uncertain whether the “substantially prevailing standard” to recover attorneys’ fees under the Clean Water Act, or CWA, allows a party to obtain fees if through litigation it obtains some of the relief sought – judicially sanctioned or otherwise. Where the plaintiff could not satisfy this “catalyst” theory, there was no need to decide ...