Cmwlth Ct affirms EHB award of $591,682 in fees and costs on basis that appeal was catalyst for DEF action on TMDL

摘要

In the latest round of a fee appeal, Commonwealth Court affirmed on Dec. 23 the Environmental Hearing Board's award of attorney's fees and costs totaling $591,682 under Section 307(b) of the Clean Streams Law to Hatfield Township Municipal Authority and other municipal authorities under the catalyst theory for challenging the Total Maximum Daily Load for the Neshaminy Creek Watershed. (See issue of Dec. 30, 2013 P. 8.) The Department of Environmental Protection appealed the Environmental Hearing Board's award of the fees and costs to the authorities, which in turn cross-appealed the reduction of their requested awards. The DEP contended that the EHB should make no award of costs and fees because TMDL litigation is not an appropriate context for awarding fees under Section 307 of the dean Streams Law.