54 U.S.C. § 307105
Attorney’s fees and costs to prevailing parties in civil actions
In any civil action brought in any United States district court by any interested person to enforce this division, if the person substantially prevails in the action, the court may award attorney’s fees, expert witness fees, and other costs of participating in the civil action, as the court considers reasonable.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 2015–2021 · leading case: Narragansett Indian Tribal Historic Pres. Off. v. FERC, 949 F.3d 8 (D.C. Cir. 2020).
Narragansett Indian Tribal Historic Pres. Off. v. FERC, 949 F.3d 8 (D.C. Cir. 2020). “Its merits challenges revolved around preserving the ceremonial 10 landscapes—claims that are now moot. Given that, granting party status would not offer any redress for the Narragansett Tribe’s identified injury.”
Narragansett Indian Tribe v. RI Dep't of Transp., 903 F.3d 26 (1st Cir. 2018). “In any event, we can continue to indulge this assumption, again without passing on its correctness, because the Tribe in its complaint does not purport to bring any claim to enforce the NHPA.”
Maudlin v. Fed. Emergency Mgmt. Agency, 138 F. Supp. 3d 994 (S.D. Ind. 2015). “1989) (finding that the NHPA’s attorney's fees provision, 54 U.S.C. § 307105 , permits private suits outside the APA), and Boarhead Corp.”
Clark Cnty.- Winchester Heritage Comm'n v. Thomas Norton (Ky. Ct. App. 2021). “Additionally, like Defendants in the other appeals detailed below, the CCH Commission and Enoch assert the circuit court erroneously granted summary judgment against them on Plaintiffs’ due process claim, and further erred in awarding Plaintiffs attorneys’ fees pursuant to 54…”
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