United States Eighth Circuit

District court erred in awarding the Sierra Club legal fees per section 1365(d) of the Clean Water Act, as the Club was not a prevailing or substantially prevailing party under that section. Denial of the City's request for litigation costs is affirmed.

Appellate Information

• Decided 12/12/2003
• Published 12/12/2003

Judges

• HANSEN, Circuit Judge., Before MELLOY, HANSEN, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Beth Blevins Carpenter, Little Rock, AR, for appellant.


• For Appellees:
  
• G. Kumpe, Little Rock, AR (Sarah M. Priebe and Hank Bates, on the brief), for appellee.