A recent Law 360 story by Peter McGuire, “Green Groups Ask 9th Circ. for $390K in Fees in Hydro Suits”, reports that California conservation groups have told the Ninth Circuit they should receive almost $390,000 in legal fees for helping safeguard the Golden State's Clean Water Act authority over hydropower permitting in a court battle against federal regulators. Groups including the South Yuba River Citizens League are entitled to attorney fees under the Equal Access to Justice Act for successfully challenging rulings by the U.S. Federal Energy Regulatory Commission, according to a motion. The FERC had ruled that California water regulators waived rights to dam permitting by coordinating with applicants to extend federal deadlines.
Fee awards to three of the four nonprofit groups that challenged the FERC should be mandatory since they meet all the eligibility requirements of the equal access law, the agency's position was not justified and there are no special circumstances surrounding the cases, according to the filing. "Federal statute allows for fee shifting for cases like this," Andrew Hawley, a counsel for the conservation groups from the Western Environmental Law Center, told Law360. "We sued the federal government, we prevailed, we can show we are eligible under this statute."
The three attorneys working for the groups — Julie Gantenbein of the Water and Power Law Group PC and Hawley and Peter Frost of Western Environmental Law Center — sought enhanced EAJA rates based on their legal expertise and experience. The hourly rates requested for the four years of work ranged between $495 in 2020 to $685 this year, according to the motion. Adding in paralegal and other costs and expenses, the groups said they should be awarded $387,075.67 in total costs. Counsel for the conservation groups attempted to confer with the FERC before filing the request "but were unable to obtain its position on the motion," they said.