RECENT FEDERAL DECISIONS

June 2003

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Ninth Circuit Upholds Denial of Attorney's Fees Award in RCRA Case, Finding that Catalyst Theory of Recovery Inufficient in Face of Supreme Court Decision
Kasza v. Whitman/Frost v. Rumsfeld

On April 14, 2003, the Ninth Circuit upheld a District Court decision denying an attorney's fees award to plaintiffs who had sued the U.S. Environmental Protection Agency (EPA) and the Department of Defense to obligate them to meet certain public disclosure and other non-discretionary duties.