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Friends Everglades, et al v. South Florida Water, et al

RESPONSE in Opposition re MOTION for Bill of Costs

23 Cited authorities

  1. Chapman v. AI Transport

    229 F.3d 1012 (11th Cir. 2000)   Cited 3,231 times
    Holding that a district court must have and state a sound basis for doing so

  2. Flight Attendants v. Zipes

    491 U.S. 754 (1989)   Cited 250 times
    Holding that where there is no finding of liability under a federal statute, there can be no award of attorneys' fees

  3. Friends of Everglades v. South Florida Water

    570 F.3d 1210 (11th Cir. 2009)   Cited 194 times   1 Legal Analyses
    Holding that courts "are not allowed to add or subtract words from a statute"

  4. Sierra Club, Inc. v. Leavitt

    488 F.3d 904 (11th Cir. 2007)   Cited 102 times
    Holding that documents showing that EPA's categorical failure to consider data older than 7.5 years led to impaired waters being excluded from Florida's 303(d) list could be considered on remand “as extra-record material necessary to determine whether EPA considered all relevant factors in making its decision”

  5. National Wildlife Federation v. Hanson

    859 F.2d 313 (4th Cir. 1988)   Cited 166 times   1 Legal Analyses
    Holding that a remand to an agency, regardless of outcome, supported a fee award

  6. Atlantic States Legal Found. v. Tyson Foods

    897 F.2d 1128 (11th Cir. 1990)   Cited 145 times
    Holding that "the mooting of injunctive relief will not moot the request for civil penalties as long as such penalties were rightfully sought at the time the suit was filed."

  7. Hughey v. JMS Development Corp.

    78 F.3d 1523 (11th Cir. 1996)   Cited 104 times
    Holding it would be absurd to apply Clean Water Act's requirement of "zero discharge" to de minimis pollution discharges that posed no threat to public health

  8. Loughan v. Firestone Tire Rubber Co.

    749 F.2d 1519 (11th Cir. 1985)   Cited 106 times
    Holding that a tire manufacturer had no duty to inform an experienced mechanic about the hazards of mismatching multipiece rim-wheel assemblies

  9. Sierra Club v. E.P.A

    769 F.2d 796 (D.C. Cir. 1985)   Cited 83 times   1 Legal Analyses
    Holding that hours “reasonably expended” in preparing a fee petition are compensable

  10. Stoddard v. Western Carolina Reg. Sewer Auth

    784 F.2d 1200 (4th Cir. 1986)   Cited 45 times
    Finding that plaintiffs were entitled to fees because they have "served the public interest"

  11. Section 1920 - Taxation of costs

    28 U.S.C. § 1920   Cited 12,509 times   91 Legal Analyses
    Referring only once to "expenses," and doing so solely to refer to special interpretation services provided in actions initiated by the United States

  12. Rule 28 - Briefs

    Fed. R. App. P. 28   Cited 6,513 times   37 Legal Analyses
    Listing requirements of appellant's brief

  13. Section 1251 - Congressional declaration of goals and policy

    33 U.S.C. § 1251   Cited 3,546 times   61 Legal Analyses
    Designating the Administrator of the EPA to "administer this chapter"

  14. Section 1365 - Citizen suits

    33 U.S.C. § 1365   Cited 2,196 times   28 Legal Analyses
    Granting Administrator right to intervene in citizen suits