pennsylvania
del
valley
citizens
council
argued
march
decided
july
section
clean
air
act
provides
action
enforce
act
may
award
costs
litigation
including
reasonable
attorney
expert
witness
fees
party
whenever
determines
award
appropriate
respondent
delaware
valley
citizens
council
clean
air
hereafter
respondent
filed
suit
federal
district
compel
pennsylvania
implement
vehicle
emission
inspection
maintenance
program
program
required
act
pursuant
consent
decree
approved
state
agreed
establish
program
certain
counties
decree
required
pennsylvania
department
transportation
penndot
seek
legislation
instituting
franchise
program
legislation
approved
promulgate
regulations
allowing
state
certify
private
garage
facilities
perform
inspections
implementation
program
however
proceed
smoothly
factual
developments
following
entry
consent
decree
divided
several
phases
including
phase
ii
respondent
penndot
published
proposed
regulations
continued
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state
performance
consent
decree
submitted
comments
proposed
regulations
phase
pennsylvania
legislature
enacted
statute
prohibiting
expenditure
state
funds
program
respondent
successfully
opposed
state
motion
stay
consent
decree
district
held
state
contempt
ordered
secretary
transportation
refrain
approving
projects
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grants
highways
area
covered
consent
decree
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appeals
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district
phase
ix
involved
work
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protection
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authorizes
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fact
work
done
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phases
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judicial
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proceedings
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courts
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based
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quality
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performance
pp
lodestar
figure
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factors
constituting
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enhance
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performance
order
serve
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purpose
enabling
plaintiffs
receive
legal
assistance
pp
evidence
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respondent
support
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fees
indicate
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figure
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quality
representation
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phase
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presented
evidence
made
results
obtained
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figure
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awards
made
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cases
neither
district
appeals
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findings
lodestar
amount
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white
delivered
opinion
burger
powell
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parts
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blackmun
joined
blackmun
filed
opinion
concurring
part
dissenting
part
marshall
joined
part
ii
brennan
joined
post
jay
waldman
argued
cause
petitioners
briefs
henry
barr
spencer
manthorpe
john
hrubovcak
john
krill
kathryn
oberly
argued
cause
respondent
rule
support
petitioners
brief
solicitor
general
fried
henry
habicht
ii
deputy
solicitor
general
geller
james
crawford
argued
cause
respondents
brief
joyce
meyers
brief
amici
curiae
filed
state
arizona
et
al
francis
bellotti
attorney
general
massachusetts
suzanne
durrell
assistant
attorney
general
robert
corbin
attorney
general
arizona
joseph
lieberman
attorney
general
connecticut
michael
bowers
attorney
general
georgia
richard
opper
attorney
general
guam
corinne
watanabe
attorney
general
hawaii
jim
jones
attorney
general
idaho
neil
hartigan
attorney
general
illinois
linley
pearson
attorney
general
indiana
david
armstrong
attorney
general
kentucky
william
guste
attorney
general
louisiana
james
tierney
attorney
general
maine
stephen
sachs
attorney
general
maryland
frank
kelley
attorney
general
michigan
louis
caruso
solicitor
general
edwin
lloyd
pittman
attorney
general
mississippi
william
webster
attorney
general
missouri
stephen
merrill
attorney
general
new
hampshire
lacy
thornburg
attorney
general
north
carolina
nicholas
spaeth
attorney
general
north
dakota
anthony
celebrezze
attorney
general
ohio
michael
turpen
attorney
general
oklahoma
travis
medlock
attorney
general
south
carolina
jeffrey
amestoy
attorney
general
vermont
william
broaddus
attorney
general
virginia
kenneth
eikenberry
attorney
general
washington
charles
brown
attorney
general
west
virginia
mcclintock
attorney
general
wyoming
justice
white
delivered
opinion
questions
presented
case
first
whether
clean
air
act
et
authorizes
attorney
fees
awards
time
spent
counsel
participating
regulatory
proceedings
second
whether
may
enhance
award
reflect
superior
quality
representation
rendered
plaintiff
counsel
third
whether
enhancement
fee
proper
plaintiff
risk
prevailing
merits
delaware
valley
citizens
council
clean
air
delaware
valley
filed
suit
compel
commonwealth
pennsylvania
implement
vehicle
emission
inspection
maintenance
program
program
required
clean
air
act
see
pursuant
consent
decree
approved
commonwealth
agreed
establish
program
counties
philadelphia
pittsburgh
areas
august
decree
called
pennsylvania
department
transportation
penndot
seek
legislation
instituting
franchise
system
commonwealth
contract
garage
owners
establishment
inspection
stations
legislature
failed
approve
system
decree
required
penndot
promulgate
regulations
allowing
pennsylvania
certify
number
private
garage
facilities
perform
inspections
addition
decree
provided
pennsylvania
pay
delaware
valley
attorney
fees
costs
incurred
prior
entry
consent
decree
entry
consent
decree
marked
beginning
story
implementation
program
proceed
smoothly
simplicity
sake
summarize
relevant
factual
developments
nine
phases
phase
relating
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aspect
litigation
method
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parties
followed
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courts
system
analyzing
requests
attorney
fees
costs
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protracted
litigation
phase
entry
consent
decree
pennsylvania
legislature
refused
enact
franchise
system
decree
penndot
july
publish
necessary
regulations
penndot
failed
comply
delaware
valley
moved
commonwealth
held
contempt
penndot
published
proposed
regulations
however
scheduled
hearing
motion
thus
refrained
finding
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contempt
ordered
parties
establish
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schedule
implementation
program
approved
consent
decree
phase
ii
penndot
published
proposed
program
regulations
delaware
valley
continued
monitor
commonwealth
performance
consent
decree
submitted
comments
regulations
published
pennsylvania
bulletin
phase
iii
late
commonwealth
requested
modification
decree
delaying
implementation
program
may
delaware
valley
approval
district
approved
extension
march
phase
iv
february
commonwealth
still
published
final
regulations
covering
type
equipment
private
garages
needed
order
become
certified
inspection
stations
commonwealth
thus
asked
delaware
valley
consent
postponement
implementation
date
january
commonwealth
argued
environmental
protection
agency
recommended
type
emission
analyzer
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one
required
consent
decree
time
manufacturer
produced
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prototype
machinery
extensive
negotiations
extension
request
parties
failed
reach
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commonwealth
filed
motion
asking
district
grant
second
extension
delay
starting
date
program
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response
delaware
valley
sought
declare
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decree
requested
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order
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decree
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valley
app
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motion
reconsideration
approved
may
new
deadline
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program
commonwealth
appealed
may
june
orders
affirmed
appeals
delaware
valley
citizens
council
clean
air
commonwealth
cert
denied
phase
following
district
order
june
pennsylvania
general
assembly
enacted
statute
governor
veto
prohibited
expenditure
state
funds
executive
branch
implementation
program
act
laws
penndot
remainder
executive
branch
promptly
ceased
activities
related
implementing
program
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publication
final
regulations
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specifications
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owners
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decree
light
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valley
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declare
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motion
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civil
contempt
delaware
valley
citizens
council
clean
air
commonwealth
supp
ed
sanction
ordered
secretary
transportation
refrain
approving
projects
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areas
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consent
decree
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purposes
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mass
transit
air
quality
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appealed
appeals
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district
orders
cert
denied
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filing
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decree
city
pittsburgh
several
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pennsylvania
legislators
attempted
intervene
litigation
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valley
successfully
opposed
attempts
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valley
citizens
council
clean
air
commonwealth
stay
denied
phase
vii
noted
portion
district
contempt
order
prevented
secretary
transportation
authorizing
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funds
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highway
projects
pennsylvania
fall
certain
categories
late
approved
seven
projects
funding
certifying
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improve
safety
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air
quality
certifications
submitted
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district
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projects
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order
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valley
citizens
council
clean
air
commonwealth
supp
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phase
viii
may
pennsylvania
general
assembly
finally
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legislation
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signed
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stat
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print
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leg
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consideration
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eagleton
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ii
ix
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ii
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iv
vii
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