United States Fourth Circuit

In an action challenging a decision of the Office of Surface Mining Reclamation and Enforcement that resulted in a remand to the agency for additional investigation, the grant of Plaintiff's petition for attorney's fees is affirmed where Plaintiff obtained some degree of success on the merits under the Surface Mining Control and Reclamation Act of 1977's fee-shifting provision.

Appellate Information

• Decided 06/10/2009
• Published 06/10/2009

Judges

• Before MICHAEL, KING, and AGEE, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  John Emad Arbab, United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., for Appellant.   Walton Davis Morris, Jr., Morris Law Office, PC, Charlottesville, Virginia, for Appellee.   ON BRIEF:  Ronald J. Tenpas, Assistant Attorney General, Aaron P. Avila, United States Department of Justice, Environment & Natural Resources Division, Washington, D.C.;  Wayne A. Babcock, United States Department of the Interior, Office of the Solicitor, Pittsburgh, Pennsylvania, for Appellant.  Mary Anne Maul, Charleston, West Virginia, for Appellee.