alyeska
pipeline
wilderness
society
argued
january
decided
may
american
rule
attorneys
fees
ordinarily
recoverable
prevailing
litigant
federal
litigation
absence
statutory
authorization
respondents
instituted
litigation
prevent
issuance
government
permits
required
construction
oil
pipeline
recover
attorneys
fees
petitioner
based
private
attorney
general
approach
erroneously
approved
appeals
since
congress
courts
authorize
exception
american
rule
pp
app
reversed
white
delivered
opinion
burger
stewart
blackmun
rehnquist
joined
brennan
post
marshall
post
filed
dissenting
opinions
douglas
powell
took
part
consideration
decision
case
robert
jordan
iii
argued
cause
petitioner
brief
paul
mickey
james
pipkin
john
knodell
dennis
flannery
argued
cause
respondents
brief
joseph
onek
john
dienelt
thomas
stoel
briefs
amici
curiae
urging
affirmance
filed
june
resnick
german
haynes
johnson
nicholas
robinson
association
bar
city
new
york
armand
derfner
albert
jenner
nicholas
deb
katzenbach
elliot
richardson
bernard
segal
whitney
north
seymour
barrett
prettyman
david
tatel
harold
flannery
paul
dimond
lawyers
committee
civil
rights
law
jack
greenberg
james
nabrit
iii
eric
schnapper
charles
stephen
ralston
naacp
legal
defense
educational
fund
henry
geller
abraham
goldstein
center
law
public
interest
justice
white
delivered
opinion
litigation
initiated
respondents
wilderness
society
environmental
defense
fund
friends
earth
attempt
prevent
issuance
permits
secretary
interior
required
construction
oil
pipeline
appeals
awarded
attorneys
fees
respondents
petitioner
alyeska
pipeline
service
based
upon
equitable
powers
theory
respondents
entitled
fees
performing
services
private
attorney
general
certiorari
granted
determine
whether
award
attorneys
fees
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reverse
major
oil
field
discovered
north
slope
alaska
june
oil
companies
constituting
consortium
owning
alyeska
submitted
application
department
interior
pipeline
transport
oil
north
slope
across
land
alaska
owned
major
part
transport
system
carry
oil
ultimate
markets
lower
special
interdepartmental
task
force
studied
proposal
reported
president
federal
task
force
alaskan
oil
development
preliminary
report
president
app
amended
application
submitted
december
requested
along
applications
special
land
use
permits
asking
additional
space
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construction
road
along
one
segment
pipeline
respondents
brought
suit
march
sought
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injunctive
relief
secretary
interior
grounds
intended
issue
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permits
violation
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leasing
act
stat
amended
without
compliance
national
environmental
policy
act
nepa
stat
et
seq
basis
mineral
leasing
act
nepa
district
granted
preliminary
injunction
issuance
permits
supp
dc
subsequently
state
alaska
petitioner
alyeska
allowed
intervene
march
interior
department
released
environmental
impact
statement
economic
security
analysis
period
time
set
aside
public
comment
secretary
announced
requested
permits
granted
alyeska
app
mineral
leasing
act
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issues
point
fully
briefed
argued
district
decided
dissolve
preliminary
injunction
deny
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injunction
dismiss
complaint
upon
appeal
appeals
district
columbia
circuit
reversed
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decision
solely
mineral
leasing
act
app
en
banc
finding
nepa
issues
complex
important
deciding
necessary
time
since
pipeline
construction
enjoined
result
violation
mineral
leasing
act
involved
issues
fact
still
dispute
desirable
expedite
decision
much
possible
appeals
declined
decide
merits
respondents
nepa
contentions
rejected
district
certiorari
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congress
enacted
legislation
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leasing
act
allow
granting
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sought
alyeska
declared
action
nepa
necessary
construction
pipeline
proceed
merits
litigation
effectively
terminated
legislation
appeals
turned
questions
involved
respondents
request
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banc
since
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consider
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general
american
rule
prevailing
party
may
recover
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exception
award
party
acted
bad
faith
inapposite
since
position
taken
federal
state
parties
alyeska
manifestly
reasonable
assumed
good
faith
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common
benefit
exception
spreads
cost
litigation
persons
benefiting
stretch
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rationale
ibid
appeals
nevertheless
held
respondents
acted
vindicate
important
statutory
rights
citizens
ensured
governmental
system
functioned
properly
entitled
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particularly
defendants
alyeska
deter
private
parties
desiring
see
laws
protecting
environment
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title
thought
bar
taxing
attorneys
fees
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alaska
part
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alyeska
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functions
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general
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account
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time
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benefit
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novelty
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appeals
remanded
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asked
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rule
considered
origin
development
convinced
inappropriate
judiciary
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guidance
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respondents
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law
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england
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arcambel
wiseman
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day
woodworth
oelrichs
spain
wall
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wall
stewart
sonneborn
fleischmann
distilling
maier
brewing
rich
ex
rel
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lumber
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following
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may
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long
attorney
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fleischmann
distilling
recent
cases
also
reaffirmed
general
rule
absent
statute
enforceable
contract
litigants
pay
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rich
hall
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followed
central
railroad
banking
pettus
harrison
perea
equitable
trust
sprague
ticonic
national
bank
mills
electric
hall
cole
supra
cf
hobbs
mclean
see
generally
dawson
lawyers
involuntary
clients
attorney
fees
funds
harv
rev
also
may
assess
attorneys
fees
willful
disobedience
order
part
fine
levied
defendant
toledo
scale
computing
scale
fleischmann
distilling
maier
brewing
supra
losing
party
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bad
faith
vexatiously
wantonly
oppressive
reasons
rich
citing
vaughan
atkinson
cf
universal
oil
products
root
refining
exceptions
unquestionably
assertions
inherent
power
courts
allow
attorneys
fees
particular
situations
unless
forbidden
congress
none
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involved
appeals
expressly
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reliance
see
supra
congress
repudiated
judicially
fashioned
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general
rule
allowing
substantial
attorneys
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limitations
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contained
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authority
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allow
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whenever
courts
might
deem
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congress
done
however
fully
recognizing
accepting
general
rule
make
specific
explicit
provisions
allowance
attorneys
fees
selected
statutes
granting
protecting
various
federal
rights
statutory
allowances
available
variety
circumstances
also
differ
considerably
among
antitrust
laws
instance
allowance
attorneys
fees
plaintiff
awarded
treble
damages
mandatory
patent
litigation
contrast
exceptional
cases
may
award
reasonable
attorney
fees
prevailing
party
emphasis
added
title
ii
civil
rights
act
prevailing
party
entitled
attorneys
fees
discretion
held
congress
intended
award
made
successful
plaintiff
absent
exceptional
circumstances
newman
piggie
park
enterprises
see
also
northcross
board
education
memphis
city
schools
scheme
things
apparent
circumstances
attorneys
fees
awarded
range
discretion
courts
making
awards
matters
congress
determine
true
statutes
providing
allowance
reasonable
fees
congress
opted
rely
heavily
private
enforcement
implement
public
policy
allow
counsel
fees
encourage
private
litigation
fee
shifting
connection
awards
antitrust
laws
prime
example
cf
hawaii
standard
oil
noted
title
ii
civil
rights
act
intended
simply
penalize
litigants
deliberately
advance
arguments
know
untenable
broadly
encourage
individuals
injured
racial
discrimination
seek
judicial
relief
title
ii
newman
supra
omitted
congressional
utilization
concept
sense
construed
grant
authority
judiciary
jettison
traditional
rule
nonstatutory
allowances
prevailing
party
award
attorneys
fees
whenever
courts
deem
public
policy
furthered
particular
statute
important
enough
warrant
award
congress
presumably
power
judgment
pick
choose
among
statutes
allow
attorneys
fees
others
difficult
indeed
courts
without
legislative
guidance
consider
statutes
important
others
unimportant
allow
attorneys
fees
connection
former
statutory
limitation
widths
involved
case
matter
gravest
importance
appear
wide
range
statutes
arguably
satisfy
criterion
public
importance
justify
award
attorneys
fees
private
litigant
statutory
policy
deemed
important
enforcement
must
encouraged
awards
attorneys
fees
deny
attorneys
fees
private
litigants
actions
seeking
vindicate
constitutional
rights
moreover
courts
embark
course
urged
respondents
opt
awards
prevailing
party
whether
plaintiff
defendant
prevailing
plaintiff
awards
discretionary
mandatory
presumption
operating
ordinary
case
see
newman
supra
exemplified
case
also
evident
rational
application
rule
immediately
collide
express
provision
except
otherwise
provided
statute
section
permits
costs
taxed
including
fees
expenses
attorneys
civil
action
brought
agency
official
acting
official
capacity
respondents
argue
one
main
functions
private
attorney
general
call
public
officials
account
insist
enforce
law
follow
cases
attorneys
fees
awarded
government
officials
indeed
claim
asserted
case
face
light
legislative
history
generally
bars
awards
allowable
must
expressly
provided
statute
example
title
ii
civil
rights
act
need
labor
matter
appears
us
rule
suggested
adopted
appeals
make
major
inroads
policy
matter
congress
reserved
since
approach
taken
congress
issue
carve
specific
exceptions
general
rule
federal
courts
award
attorneys
fees
beyond
limits
courts
free
fashion
drastic
new
rules
respect
allowance
attorneys
fees
prevailing
party
federal
litigation
pick
choose
among
plaintiffs
statutes
sue
award
fees
cases
others
depending
upon
courts
assessment
importance
public
policies
involved
particular
cases
federal
courts
purport
adopt
initiative
rule
awarding
attorneys
fees
based
approach
judicial
rule
operate
private
parties
government
purport
assess
merits
demerits
american
rule
respect
allowance
attorneys
fees
criticized
recent
years
courts
urged
find
exceptions
also
apparent
national
experience
encouragement
private
action
implement
public
policy
viewed
desirable
variety
circumstances
rule
followed
courts
respect
attorneys
fees
survived
deeply
rooted
history
congressional
policy
us
invade
legislature
province
redistributing
litigation
costs
manner
suggested
respondents
followed
appeals
decision
must
therefore
reversed
ordered
footnotes
atlantic
richfield
humble
oil
refining
british
petroleum
formed
pipeline
system
entity
submitted
applications
permits
federal
task
force
alaskan
oil
development
preliminary
report
president
app
dominick
brody
supra
pipeline
system
replaced
petitioner
alyeska
alyeska
stock
owned
arco
pipeline
sohio
pipeline
humble
pipeline
mobil
pipeline
phillips
petroleum
amerada
hess
union
oil
california
see
app
application
requested
primary
feet
additional
parallel
adjacent
construction
purposes
feet
another
feet
construction
road
prudhoe
bay
north
slope
town
livengood
distance
slightly
less
half
length
proposed
pipeline
see
wilderness
society
morton
app
amended
application
asked
single
special
permit
additional
feet
one
side
feet
side
another
special
permit
space
feet
width
prudhoe
bay
livengood
app
title
provided
pertinent
part
public
lands
including
forest
reserves
may
granted
secretary
interior
purposes
transportation
oil
natural
gas
applicant
possessing
prescribed
qualifications
extent
ground
occupied
said
pipe
line
feet
side
regulations
conditions
survey
location
application
use
may
prescribed
secretary
interior
upon
express
condition
pipe
lines
shall
constructed
operated
maintained
common
carriers
shall
accept
convey
transport
purchase
without
discrimination
oil
natural
gas
produced
government
lands
vicinity
pipe
line
proportionate
amounts
secretary
interior
may
full
hearing
due
notice
thereof
interested
parties
proper
finding
facts
determine
reasonable
provided
shall
hereafter
granted
said
lands
transportation
oil
natural
gas
except
subject
provisions
limitations
conditions
section
failure
comply
provisions
section
regulations
conditions
prescribed
secretary
interior
shall
ground
forfeiture
grant
district
district
property
part
thereof
located
appropriate
proceeding
appeals
described
heart
respondents
nepa
contention
secretary
adequately
consider
alternative
pipeline
app
interventions
occurred
september
approximately
months
district
granted
preliminary
injunction
preventing
issuance
permits
secretary
department
interior
released
draft
impact
statement
january
decision
reported
see
time
appeals
upheld
grant
certain
state
alaska
also
considered
challenge
special
permit
issued
forest
supervisor
alyeska
predecessor
find
issue
ripe
adjudication
pub
tit
stat
supp
iii
pipeline
authorization
act
pub
tit
ii
stat
et
seq
supp
iii
respondents
bill
costs
includes
total
hours
attorneys
time
spent
litigation
app
litigation
may
well
provided
substantial
benefits
particular
individuals
indeed
every
citizen
interest
proper
functioning
system
government
imposing
attorneys
fees
alyeska
operate
spread
costs
litigation
proportionately
among
beneficiaries
app
see
infra
circumstances
case
inappropriate
tax
fees
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