Appalachian Power Co. v. Environmental Protection Agency
Docket: Nos. 99-1268, 99-1270, 99-1274, 99-1276, 99-1277, 99-1279 to 99-1281, 99-1286, 99-1287, 00-1169, 00-1187, 00-1189 to 00-1192 and 00-1194
Court: Court of Appeals for the D.C. Circuit; March 6, 2003; Federal Appellate Court
The motion for attorneys’ fees has been denied. A remand resulting from an agency's failure to respond to comments is deemed a procedural victory for the petitioner and does not justify an award of attorneys’ fees under 42 U.S.C. § 7607(f). Reference is made to *Sierra Club v. EPA*, which supports this position. In contrast, in *Michigan v. EPA*, attorneys’ fees were awarded because the EPA was required to reopen the record on remand, increasing the likelihood of a change to the rule.