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Delaware Valley Citizens' Council for Clean Air v. Commonwealth of Pa. & Train

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


filed: August 20, 1987.

DELAWARE VALLEY CITIZENS' COUNCIL FOR CLEAN AIR, ET AL., AMERICAN LUNG ASSOCIATION OF PHILADELPHIA, AND MONTGOMERY COUNTY, DELCHESTER LUNG ASSOCIATION, SIERRA CLUB, PENNSYLVANIA CHAPTER FRIENDS OF THE EARTH OF THE DELAWARE VALLEY, CITIZENS' COMMITTEE FOR ENVIRONMENTAL CONTROL, QUINN, KEVIN, FARRELL, KAYSI, WEISS, RUTH G., KLINKNER, JOHN, BIEZ, ELIZABETH S., SHULMAN, MONA
v.
COMMONWEALTH OF PA., & TRAIN, RUSSELL E., IND., & AS ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY, ET AL., SHERLOCK, WILLIAM T., INDIVIDUALLY AND AS SECRETARY OF THE PA DEPT. OF TRANSPORTATION, GODDARD, MAURICE K., INDIVIDUALLY AND AS SECRETARY OF THE PA. DEPT. OF ENVIRONMENTAL RESOURCES, SNYDER, DANIEL J., III, INDIVIDUALLY AND AS REGIONAL ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY, REGION III. UNITED STATES OF AMERICA V. COMMONWEALTH OF PENNSYLVANIA; THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION AND WILLIAM T. SHERLOCK, SECRETARY OF THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION; THE PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL RESOURCES AND MAURICE K. GODDARD, SECRETARY OF THE PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL RESOURCE COMMONWEALTH OF PENNSYLVANIA, SECRETARY OF PENNSYLVANIA DEPARTMENT OF TRANSPORTATION AND SECRETARY OF PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL RESOURCES, APPELLANTS IN NO. 84-1179, DELAWARE VALLEY CITIZENS' COUNCIL FOR CLEAN AIR, APPELLANT IN NO. 84-1208

On Appeal from the United States District Court for the Eastern District of Pennsylvania, (D.C. Civil Nos. 76-2068 & 77-619.)

Gibbons, Chief Judge, Becker and Aldisert, Circuit Judges.

Author: Per Curiam

Opinion ON REMAND FROM THE SUPREME COURT

This appeal is from a judgment of the district court 581 F. Supp. 1412 awarding attorneys fees and costs to the Delaware Valley Citizens' Council for Clean Air (DVCCCA) pursuant to the attorneys fees provision of § 304(d) of the Clean Air Act, 42 U.S.C. § 7604(d). This Court affirmed, 762 F.2d 272 (3d Cir. 1985), and judgment was entered on May 14, 1985. Following the grant of certiorari, the Supreme Court heard argument on March 3, 1986, and issued an opinion on July 2, 1986. In the accompanying judgment, our judgment was affirmed in part and reversed in part and the case remanded for further proceedings in conformity with the Supreme Court's opinion. See 478 U.S. 546, 106 S. Ct. 3088, 92 L. Ed. 2d 439 (1986).*fn1

However, the Supreme Court reserved for consideration the propriety of the contingency multiplier. The Court heard reargument on October 15, 1986, and issued a further opinion and judgment on June 26, 1987, 483 U.S. 711, 107 S. Ct. 3078, 97 L. Ed. 2d 585 (1987), whereby the judgment affirming the enhancement of fee award for contingency of success was reversed, and that aspect of the case remanded to us for further proceedings in conformity with the opinion of the Supreme Court.

In consideration of the foregoing we will enter an order that the judgment of the district court for attorneys fees and costs in favor of DVCCCA be vacated and the case be remanded for further proceedings consistent with the opinions and the judgments of the Supreme Court and with the opinion and judgment of this Court insofar as it was left undisturbed by the opinions and judgments of the Supreme Court.


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