Pennsylvania v. Delaware Valley Citizens' Council for Clean Air

478 U.S. 546, 106 S. Ct. 3088, 92 L. Ed. 2d 439, 1986 U.S. LEXIS 134, 54 U.S.L.W. 5017, 16 Envtl. L. Rep. (Envtl. Law Inst.) 20801, 24 ERC (BNA) 1577
Supreme Court of the United States·Decided July 2, 1986·No. 85-5·Published·Cited by 1,726 cases

Opinions

Justice White

delivered the opinion of the Court.

The questions presented in this case are first, whether the Clean Air Act, 42 U. S. C. §7401 et seq., authorizes attorney’s fees awards for time spent by counsel participating in regulatory proceedings; second, whether a court may enhance an award to reflect superior quality of representation rendered by plaintiff’s counsel; and third, whether enhance[549]*549ment of the fee is proper because of plaintiff’s risk of not prevailing on the merits.

I

In 1977, the Delaware Valley Citizens’ Council for Clean Air (Delaware Valley) and the United States each filed suit to compel the Commonwealth of Pennsylvania to implement a vehicle emission inspection and maintenance program (I/M program) as required by the Clean Air Act. See 42 U. S. C. § 7410. Pursuant to a consent decree approved in 1978, the Commonwealth agreed to establish an I/M program for 10 counties in the Philadelphia and Pittsburgh areas by August 1, 1980. The decree called for the Pennsylvania Department of Transportation (PennDOT) to seek legislation instituting a franchise I/M system under which the Commonwealth would contract with garage owners for the establishment of inspection stations. If the legislature failed to approve such a system, then the decree required PennDOT to promulgate regulations allowing Pennsylvania to certify a number of private garage facilities to perform the inspections. In addition, the decree provided for Pennsylvania to pay Delaware Valley $30,000 for attorney’s fees and costs incurred prior to the entry of the consent decree.

Entry of the consent decree marked only the beginning of this story, for implementation of the I/M program did not proceed smoothly. For simplicity’s sake, we will summarize the relevant factual developments into nine phases, with each phase relating to a different aspect of the litigation. Not only is this the method used by the parties and followed by both lower courts, but it is a system for analyzing requests for attorney’s fees and costs that appears to be useful in protracted litigation.

Phase I. After entry of the consent decree, the Pennsylvania Legislature refused to enact a franchise system. Under the decree, PennDOT then, had until July 1, 1979 to publish the necessary regulations. When PennDOT failed to comply, Delaware Valley moved to have the Commonwealth [550]*550held in contempt; PennDOT published the proposed regulations, however, before the scheduled hearing on the motion. The court thus refrained from finding the Commonwealth in contempt, but ordered the parties to establish a revised schedule for implementation of the I/M program approved by the consent decree.

Phase II. After PennDOT published the proposed I/M program regulations, Delaware Valley continued to monitor the Commonwealth’s performance under the consent decree, and submitted comments on the regulations which were published in the Pennsylvania Bulletin.

Phase III. In late 1979, the Commonwealth requested a modification of the decree delaying implementation of the I/M program until May 1981. With Delaware Valley’s approval, the District Court approved the extension in March 1980.

Phase TV. By February 1981, the Commonwealth still had not published final regulations covering the type of equipment which private garages needed to have in order to become certified inspection stations. The Commonwealth thus asked Delaware Valley to consent to a further postponement of the implementation date to January 1, 1983. The Commonwealth argued that the United States Environmental Protection Agency had recommended a type of emission analyzer different from the one required under the consent decree, but at that time no manufacturer had produced even a prototype of such machinery.

After extensive negotiations over this extension request, the parties failed to reach an agreement. The Commonwealth then filed a motion asking the District Court to grant the second extension and delay the starting date of the I/M program until January 1, 1983. In response, Delaware Valley sought to have the court declare the Commonwealth to be in violation of the consent decree, and requested numerous modifications to the consent decree. On May 20, 1981, the court issued an order finding the Commonwealth in violation of the decree, denying the motion for a further extension, and [551]*551denying the modifications submitted by Delaware Valley. App. 25a-28a. On June 16, the court denied the Commonwealth’s motion for reconsideration, but approved May 1, 1982, as the new deadline for implementation of the I/M program. Id., at 44a-49a. The Commonwealth appealed both the May 20 and June 16 orders, both of which were affirmed by the Court of Appeals. Delaware Valley Citizens’ Council for Clean Air v. Commonwealth, 674 F. 2d 976 (CA3), cert. denied, 459 U. S. 905 (1982).

Phase V. Following the District Court’s order of June 16, the Pennsylvania General Assembly enacted a statute, H. B. 456, over the Governor’s veto, which prohibited the expenditure of state funds by the Executive Branch for the implementation of the I/M program. Act of Oct. 5, 1981, No. 99, 1981 Pa. Laws 4. PennDOT and the remainder of the Executive Branch promptly ceased all activities related to implementing the I/M program, except for publication of the final regulations establishing specifications for the emissions analysis equipment to be used by garage owners wishing to participate as inspection locations. 11 Pa. Bull. 3519 (Oct. 10, 1981).

The Commonwealth moved to stay implementation of the consent decree in light of H. B. 456. Delaware Valley opposed that motion, and sought to have the court declare the Commonwealth in contempt and apply sanctions. The court denied the Commonwealth’s motion for a stay and held the Commonwealth in civil contempt. Delaware Valley Citizens’ Council for Clean Air v. Commonwealth, 533 F. Supp. 869 (ED Pa. 1982). As a sanction, the court ordered the United States Secretary of Transportation to refrain from approving any projects, or awarding any grants, for highways in the two areas covered by the consent decree, except for projects required for purposes of safety, mass transit, or air quality improvement. Id., at 884-885. Once again, the Commonwealth appealed, and once again, the Court of Appeals up[552]*552held the District Court’s orders. 678 F. 2d 470 (CA3), cert. denied, 459 U. S. 969 (1982).

Phase VI. After the filing of the consent decree, the city of Pittsburgh and several groups of Pennsylvania legislators attempted to intervene in the litigation. Delaware Valley successfully opposed all of these attempts. Delaware Valley Citizens’ Council for Clean Air v. Commonwealth, 674 F. 2d 970 (CA3), stay denied, 458 U. S. 1125 (1982).

Phase VII. As noted above, a portion of the District Court’s contempt order prevented the United States Secretary of Transportation from authorizing the expenditure of any federal funds for federal highway projects in Pennsylvania that did not fall into certain categories. In late 1982, the United States approved seven projects for funding, certifying that they would either improve safety or improve air quality.

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Pennsylvania v. Delaware Valley Citizens' Council for Clean Air, 478 U.S. 546, 106 S. Ct. 3088, 92 L. Ed. 2d 439, 1986 U.S. LEXIS 134, 54 U.S.L.W. 5017, 16 Envtl. L. Rep. (Envtl. Law Inst.) 20801, 24 ERC (BNA) 1577 (1986).

478 U.S. 546 (Pennsylvania v. Delaware Valley Citizens' Council for Clean Air) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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