Save Our Wetlands v. Conner

Full title: SAVE OUR WETLANDS, INC. v. COL. WILLIAM CONNER, IN HIS OFFICIAL CAPACITY…

Court: United States District Court, E.D. Louisiana

Date published: Apr 19, 2001

Civil Action No: 98-3625 Section: "J" (5) (E.D. La. Apr. 19, 2001)

Opinion

Civil Action No: 98-3625 Section: "J" (5)

April 19, 2001

CARL J. BARBIER, United States District Judge.

The Court, having considered the motion, the record, the applicable law, the Magistrate Judge's Report and Recommendation, and Plaintiff's Objection to the Report and Recommendation of the Magistrate Judge, adopts the Magistrate Judge's alternative recommendation that Plaintiff be awarded fees and costs of $8,443.75, incurred in relation to the mercury testing issue.

In adopting the alternative recommendation, the Court finds that Plaintiff partially prevailed on the mercury contamination issue. While there is room for argument as to whether this constitutes a substantive victory, Plaintiff did achieve in part the intended relief under NEPA.

To the extent that Plaintiff objects to the Magistrate's calculation of the fees and costs comprising the partial award, the Court finds that the calculation is not clearly erroneous or contrary to law.

Accordingly;

IT IS ORDERED that Plaintiff be awarded EAJA fees and costs in the amount of $8,443.75.