43 CFR 4.1294 - Who may receive an award
| Cite as | 43 CFR 4.1294 |
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20 practice notes
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Powder River Basin Resource Council v. Babbitt, 93-8117
...In accordance with this provision, the Secretary issued regulations specifying who may receive an award for costs and expenses. See 43 C.F.R. Sec. 4.1294. On August 15, 1979, Wyoming submitted its proposed regulatory plan under SMCRA. In 1980, the Secretary determined that the state's regul......
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West Virginia Highlands Conservancy v. Norton, 02-2375.
...least some degree of success on the merits" and had "made a substantial contribution to a full and fair determination of the issues." 43 C.F.R. § 4.1294(b). We affirm the district court's award of summary judgment in part, specifically, to the extent the court concluded that WVHC achieved s......
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Solebury Tp. v. Dep, 80 MAP 2005.
...the merits, upon a finding that such person made a substantial contribution to a full and fair determination of the issues.'" quoting 43 C.F.R. § 4.1294(b) (1985)). In Kwalwasser, Appellants note, the EHB's analogy to federal standards for fee-shifting was considered appropriate because the......
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Powder River Basin Resource Council v. Babbitt, 92-CV-1021-B.
...deficiencies was that the state had not adopted a provision parallel to the federal regulation allowing an award of attorneys' fees. 43 C.F.R. 4.1294(b), (c) and (d) (1991). The OSM gave the state several extensions within which to satisfy this deficiency, the final deadline being May 20, D......
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14 cases
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Powder River Basin Resource Council v. Babbitt, 93-8117
...In accordance with this provision, the Secretary issued regulations specifying who may receive an award for costs and expenses. See 43 C.F.R. Sec. 4.1294. On August 15, 1979, Wyoming submitted its proposed regulatory plan under SMCRA. In 1980, the Secretary determined that the state's regul......
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West Virginia Highlands Conservancy v. Norton, 02-2375.
...least some degree of success on the merits" and had "made a substantial contribution to a full and fair determination of the issues." 43 C.F.R. § 4.1294(b). We affirm the district court's award of summary judgment in part, specifically, to the extent the court concluded that WVHC achieved s......
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Solebury Tp. v. Dep, 80 MAP 2005.
...the merits, upon a finding that such person made a substantial contribution to a full and fair determination of the issues.'" quoting 43 C.F.R. § 4.1294(b) (1985)). In Kwalwasser, Appellants note, the EHB's analogy to federal standards for fee-shifting was considered appropriate because the......
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Illinois South Project, Inc. v. Hodel, 87-2366
...system also must be "consistent with" federal regulations, and here we encounter difficulty. The Secretary promulgated a regulation, 43 C.F.R. Sec. 4.1294(b), stating that "attorneys' fees may be awarded" by the federal Office of Surface Mining to any person other than a mine operator who "......
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