09-4008 Sierra Club v. Khanjee Holding, Inc.

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Environmental Law
Clean Air Act; attorney fees

Where the Sierra Club prevented construction of a power plant without a current permit, attorney fees were properly awarded to it.

“Western States Petroleum Ass’n v. E.P.A., 87 F.3d 280 (9th Cir. 1996), cited by Khanjee, is distinguishable. In that case, the Ninth Circuit described the party that was denied fees as ‘a financially able, nongovernmental party having no more than its own economic interests at stake.’ Id. at 286. The court also found that the litigation had not served the public interest. Id. Here, Sierra Club did not receive any direct financial benefit from the lawsuit, and it served the public interest. Increased charitable donations are collateral benefits not contemplated by Western States. That Sierra Club may be a well-funded organization does not preclude an award of fees. There is nothing in the Clean Air Act that suggests that fees can only be awarded to indigent parties.”

Affirmed.

09-4008 Sierra Club v. Khanjee Holding, Inc.

Appeal from the United States District Court for the Southern District of Illinois, Gilbert, J., Williams, J.

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