United States v. Metropolitan District Commission, Conservation Law Foundation of New England, Inc.

847 F.2d 12, 11 Fed. R. Serv. 3d 387, 18 Envtl. L. Rep. (Envtl. Law Inst.) 21233, 27 ERC (BNA) 2087, 1988 U.S. App. LEXIS 6525, 1988 WL 48631
CourtCourt of Appeals for the First Circuit
DecidedMay 19, 1988
Docket87-1956
StatusPublished
Cited by158 cases

This text of 847 F.2d 12 (United States v. Metropolitan District Commission, Conservation Law Foundation of New England, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Metropolitan District Commission, Conservation Law Foundation of New England, Inc., 847 F.2d 12, 11 Fed. R. Serv. 3d 387, 18 Envtl. L. Rep. (Envtl. Law Inst.) 21233, 27 ERC (BNA) 2087, 1988 U.S. App. LEXIS 6525, 1988 WL 48631 (1st Cir. 1988).

Opinion

SELYA, Circuit Judge.

Dismayed by chronic pollution and by the unauthorized and illegal discharge of raw and inadequately-treated sewage into the waters of Boston Harbor, the neighboring city of Quincy, Massachusetts sued the Massachusetts District Commission (MDC), a state agency which operated the port. Quincy’s suit, filed in a Massachusetts state court in January 1983, was soon expanded into a full-fledged effort to compel correction of the substandard conditions. Some six months later, the Conservation Law Foundation of New England (CLF), appellant before us, brought a similar action in United States District Court under the Federal Water Pollution Control Act, 33 U.S.C. §§ 1251-1376 (Clean Water Act). After some preliminary skirmishing, the federal court remarked the advanced state of the Quincy litigation, the striking parallel between the two suits, and the danger that “intervention by the federal district court ... [might] well hinder the cause of cleaning the harbor.” CLF v. MDC, C.A. No. 83-1614, slip op. at 5-6 (D.Mass. Mar. 27,1984) (MDCI). 1 Hoping both “to avoid duplicative litigation, [and] to allow ... the state court action to continue to yield progress,” id. at 6, the district court stayed CLF’s suit while retaining jurisdiction. Id. at 6-7.

Appellant’s litigation was still in repose when, in early 1985, the EPA filed its own federal court action against the MDC, the Commonwealth of Massachusetts, and the newly-created Massachusetts Water Resources Authority (MWRA). 2 On May 22, the district court consolidated EPA’s suit with CLF’s, permitted Quincy to intervene as a party plaintiff, and vacated the stay. The EPA then moved for partial summary judgment as to liability. On September 5, 1985, the court granted that motion, found MWRA liable as MDC’s successor, and also granted CLF’s earlier-filed summary judgment motion to the extent of the counts on which EPA had prevailed. United States v. MDC, C.A. No. 85-0489 (D.Mass. Sept. 5, 1985) (MDC II) [available on WESTLAW, 1985 WL 9071]. The court noted that CLF’s motion appeared “substantially similar” to EPA’s, id. at 26; to the extent they differed, appellant’s claims were denied without prejudice. Id. at 26-27.

Thereafter, the parties’ efforts focused on remediation. The process was, by and large, a cooperative one. On December 23, 1985, a consent order was entered covering short-term remedial measures. After holding an evidentiary hearing in early May of 1986, the court entered its long-term remedial order. See United States v. MDC, C.A. No. 85-0489 (D.Mass. May 8, 1986) (MDC III). CLF then filed its motion for attorneys’ and experts’ fees, seeking a total of close to $380,000 from MDC, MWRA, and EPA. The motion was filed under the fee-shifting provision of the Clean Water Act:

The Court, in issuing any final order in any action brought pursuant to this section, may award costs of litigation (including reasonable attorney and expert *14 fees) to any party, whenever the court determines such award is appropriate.

33 U.S.C. § 1365(d). CLF settled its fees claim against EPA but not with the state defendants. The district court adjudicated the latter claims in a lengthy memorandum and order. United States v. MDC, C.A. No. 85-0489 (Apr. 24, 1987) (MDC IV). The court held that a fee award was appropriate because CLF had achieved some success “in certain discrete areas.” Id. at 2. But after a full examination into the particulars of the request, the court slashed it deeply, awarding a total of $105,755.47 in fees and disbursements. Id. at 15. On June 4, a supplementary order was entered establishing the extent to which MDC and MWRA, respectively, would bear the brunt of the award. CLF filed its notice of appeal on July 31, 1987.

Timeliness of the Appeal

Appellees have questioned the timeliness of CLF’s appeal. They concede that, because the federal sovereign was a party to the case, the appeal period was sixty days. Fed.R.App.P. 4(a)(1). Yet, they say this proceeding — which was instituted more than sixty days after the April 24 order— was late. Appellees, however, have mistaken the starting point. We regard the allocational order of June 4 as the catalyst for appeal purposes.

The general rule is that a judgment becomes final and appealable when the court enters a decision resolving the contested matter, leaving nothing to be done except execution of the judgment. Coopers & Lybrand v. Livesay, 437 U.S. 463, 467, 98 S.Ct. 2454, 2457, 57 L.Ed.2d 351 (1978); Catlin v. United States, 324 U.S. 229, 233, 65 S.Ct. 631, 633, 89 L.Ed. 911 (1945). In this case, the April 24 order did not meet that benchmark. Although the district court had announced the amount of the award, it had not yet determined how the burden of payment would fall as between the two respondents (MDC and MWRA), nor had it suggested that the obligation might be joint and several. CLF could not have executed against either defendant at that point. Thus, the April 24 order lacked the requisite definiteness to trigger the running of the appeal period.

This conclusion is buttressed by the fact that the district judge clearly did not intend the earlier determination to be final. On the contrary, the April 24 decision explicitly contemplated the future entry of another order “to allocate between [MDC and MWRA] their respective responsibilities” for satisfaction of the award. MDC IV, supra, at 15. Inasmuch as the judge did not mean his April 24 order to be the last one as to this award, we must effectuate his intention and treat the later (June 4) order as the starting point for appeal purposes. See United States v. Evans, 365 F.2d 95, 97 (10th Cir.1966); see also Martha’s Vineyard Scuba Headquarters, Inc. v. Unidentified, Wrecked and Abandoned Steam Vessel, 833 F.2d 1059, 1066-67 (1st Cir.1987) (noting judge’s “special role ... in elucidating the meaning and intendment of an order which he authored”). It follows, then, that since CLF’s appeal was taken within sixty days of the entry of the allocational order, it was prosecuted in a timely fashion. 3

Anatomy of the Award

? review a fee award only for mistake of law or abuse of discretion. Wojtkowski v. Cade, 725 F.2d 127, 130 (1st Cir.1984); Maceira v. Pagan,

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847 F.2d 12, 11 Fed. R. Serv. 3d 387, 18 Envtl. L. Rep. (Envtl. Law Inst.) 21233, 27 ERC (BNA) 2087, 1988 U.S. App. LEXIS 6525, 1988 WL 48631, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-metropolitan-district-commission-conservation-law-ca1-1988.