Attorneys' Fee Awards Against State Officials in Environmental Litigation

Attorneys' Fee Awards Against State Officials in Environmental Litigation PDF Author: National Association of Attorneys General. Committee on the Office of Attorney General
Publisher:
ISBN:
Category : Environmental law
Languages : en
Pages : 36

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Attorneys' Fee Awards Against State Officials in Environmental Litigation

Attorneys' Fee Awards Against State Officials in Environmental Litigation PDF Author: National Association of Attorneys General. Committee on the Office of Attorney General
Publisher:
ISBN:
Category : Environmental law
Languages : en
Pages : 36

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Book Description


Attorneys' Fee Awards Against State Officials in Environmental Litigation/prepared for the Environmental Control Committee

Attorneys' Fee Awards Against State Officials in Environmental Litigation/prepared for the Environmental Control Committee PDF Author: National Association of Attorneys General. Committee on the Office of Attorney General
Publisher:
ISBN:
Category : Lawyers
Languages : en
Pages : 22

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Environmental Litigation

Environmental Litigation PDF Author: Office, U.s. Government Accountability
Publisher:
ISBN: 9781974622283
Category :
Languages : en
Pages : 56

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Book Description
"The Environmental Protection Agency (EPA) faces numerous legal challenges as it implements the nation's environmental laws. Several statutes, such as the Clean Air and Clean Water Acts, allow citizens to file suit against EPA to challenge certain agency actions. Where EPA is named as a defendant, the Department of Justice provides EPA's legal defense. If successful, plaintiffs may be paid for certain attorney fees and costs. Payments are made from the Department of the Treasury's Judgment Fund-a permanent fund available to pay judgments against the government, as well as settlements resulting from lawsuits-or EPA's appropriations. For this review, GAO was asked to examine (1) the trends in and factors affecting environmental litigation for fiscal years 1995 through 2010 and (2) Justice's recent costs and recent plaintiff payments from the Judgment Fund and EPA.To conduct this review, GAO obtained and analyzed data from two Justice databases on cases filed under 10 key environmental statutes. To gain stakeholder views on any trends and factors that might affect them, GAO interviewed representatives of environmental and industry groups, state attorneys general, and other experts. GAO estimated the costs of litigation handled by Justice attorneys and payments made for attorney fees and court costs from the Judgment Fund and EPA funds.GAO is making no recommendations..."

Awarding of Attorneys' Fees

Awarding of Attorneys' Fees PDF Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice
Publisher:
ISBN:
Category : Lawyers
Languages : en
Pages : 452

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The Awarding of Attorney's Fees in Federal Courts

The Awarding of Attorney's Fees in Federal Courts PDF Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice
Publisher:
ISBN:
Category : Costs (Law)
Languages : en
Pages : 352

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Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Guide to the Freedom of Information Act

Guide to the Freedom of Information Act PDF Author:
Publisher: Government Printing Office
ISBN:
Category : Law
Languages : en
Pages : 920

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Book Description
Contains an overview discussion of the Freedom of Information Act's (FOIA) exemptions, its law enforcement record exclusions, and its most important procedural aspects. 2009 edition. Issued biennially. Other related products: Report of the Commission on Protecting and Reducing Government Secrecy, Pursuant to Public Law 236, 103d Congress can be found here: https: //bookstore.gpo.gov/products/sku/052-071-01228-1 Overview of the Privacy Act of 1974, 2015 Edition can be found here: https: //bookstore.gpo.gov/products/sku/027-000-01429-1

Awards of Attorneys' Fees by Federal Courts and Federal Agencies

Awards of Attorneys' Fees by Federal Courts and Federal Agencies PDF Author: Henry Cohen
Publisher:
ISBN: 9781604569889
Category : Costs (Law)
Languages : en
Pages : 0

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Book Description
In the United States, the general rule, which derives from common law, is that each side in a legal proceeding pays for its own attorney. There are many exceptions, however, in which federal courts, and occasionally federal agencies, may order the losing party to pay the attorneys' fees of the prevailing party. The major common law exception authorises federal courts (not agencies) to order a losing party that acts in bad faith to pay the prevailing party's fees. There are also roughly two hundred statutory exceptions, which were generally enacted to encourage private litigation to implement public policy. Awards of attorneys' fees are often designed to help to equalise contests between private individual plaintiffs and corporate or governmental defendants. Thus, attorneys' fees provisions are most often found in civil rights, environmental protection, and consumer protection statutes. In addition, the Equal Access to Justice Act (EAJA) makes the United States liable for attorneys' fees of up to $125 per hour in many court cases and administrative proceedings that it loses (and some that it wins) and fails to prove that its position was substantially justified. EAJA does not apply in tax cases, but a similar statute, 26 U.S.C. ยง 7430, does. Most Supreme Court decisions involving attorneys' fees have interpreted civil rights statutes, and this book focuses on these statutes. It also discusses awards of costs other than attorneys' fees in federal courts, how courts compute the amount of attorneys' fees to be awarded, statutory limitations on attorneys' fees, and other subjects. In addition, it sets forth the language of all federal attorneys' fees provisions, and includes a bibliography of congressional committee reports and hearings concerning attorneys' fees. In 1997, Congress enacted a statute allowing awards of attorneys' fees to some prevailing criminal defendants.

Freedom of Information Act Guide

Freedom of Information Act Guide PDF Author:
Publisher:
ISBN:
Category : Freedom of information
Languages : en
Pages : 1146

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Book Description


Rights and Retrenchment

Rights and Retrenchment PDF Author: Stephen B. Burbank
Publisher: Cambridge University Press
ISBN: 110818409X
Category : Law
Languages : en
Pages : 299

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Book Description
This groundbreaking book contributes to an emerging literature that examines responses to the rights revolution that unfolded in the United States during the 1960s and 1970s. Using original archival evidence and data, Stephen B. Burbank and Sean Farhang identify the origins of the counterrevolution against private enforcement of federal law in the first Reagan Administration. They then measure the counterrevolution's trajectory in the elected branches, court rulemaking, and the Supreme Court, evaluate its success in those different lawmaking sites, and test key elements of their argument. Finally, the authors leverage an institutional perspective to explain a striking variation in their results: although the counterrevolution largely failed in more democratic lawmaking sites, in a long series of cases little noticed by the public, an increasingly conservative and ideologically polarized Supreme Court has transformed federal law, making it less friendly, if not hostile, to the enforcement of rights through lawsuits.