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HAWAII WILDLIFE FUND, a Hawaii non-profit corporation; et al., Plaintiffs-Appellees, v. COUNTY OF MAUI, Defendant-Appellant.
April 25, 2018, Filed
D.C. No. 1:12-cv-00198-SOM-BMK. District of Hawaii, Honolulu.
For HAWAII WILDLIFE FUND, a Hawaii non-profit corporation, SIERRA CLUB - MAUI GROUP, a non-profit corporation, SURFRIDER FOUNDATION, a non-profit corporation, WEST MAUI PRESERVATION ASSOCIATION, a Hawaii non-profit corporation, Plaintiff - Appellee: David L. Henkin, Esquire, Summer Kupau-Odo, Earthjustice, Honolulu, HI.
For County of Maui, Defendant - Appellant: Colleen Patrice Doyle, Esquire, Senior Attorney, Hunton & Williams LLP, Los Angeles, CA; Michael R. Shebelskie, Attorney, Hunton & Williams LLP, Richmond, VA; Richelle M. Thomson, Esquire, Deputy Corporation Counsel, County of Maui, Department of the Corporation Counsel, Wailuku, HI; Patrick Wong, Corporation Counsel, Deputies Corporation Counsel, County of Maui, Wailuku, Maui, HI.
For United States of America, Amicus Curiae: Frederick Turner, U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC.
For STATE OF ARIZONA, Alabama, Alaska, Arkansas, Georgia, Indiana, Kansas, Louisiana, Missouri, Montana, Nebraska, Nevada, Oklahoma, South Carolina, Texas, Utah, West Virginia, and Wyoming, Amicus Curiae: Nicholas Constantine Dranias, Esquire, Attorney, Arizona Attorney General's Office, Phoenix, AZ.
For American Iron & Steel Institute, National Association of Manufacturers, National League of Cities, The American Farm Bureau Federation, The Fertilizer Institute, Utility Water Act Group, American Petroleum Institute, Association of American Railroads, Amicus Curiae: David Chung, Crowell & Moring LLP, Washington, DC.
For Watereuse Association, League of California Cities, National Association of Clean Water Agencies, National Association of Counties, National League of Cities, National Water Resources Association, Association of California Water Agencies, California Association of Sanitation Agencies, California State Association of Counties, International Municipal Lawyers Association, Amicus Curiae: Shawn D. Hagerty, Esquire, Attorney, Best Best & Krieger LLP, San Diego, CA.
Before: SCHROEDER, D.W. NELSON, and McKEOWN, Circuit Judges.
The Joint Stipulation Regarding Plaintiffs-Appellees' Request for Attorneys' Fees is GRANTED.
The County is ordered to pay to the Citizens the sum of $98,637.50 in full satisfaction of any and all claims against the County for the Citizens' attorneys' fees pursuant to Section 505(d) of the Clean Water Act , 33 U.S.C. §1365(d) , for proceedings before this Court in the above-captioned matter, through and including the date of the joint stipulation. Payment shall be made to "Earthjustice" and shall be delivered to the Citizens' attorneys of record.
The County shall not be required to pay the Citizens' attorneys' fees until ninety (90) days following Final Judgment in this case, as defined in the Equal Access to Justice Act, 28 U.S.C § 2412 (d)(2)(G) .
During any appeals period, interest on the award of the Citizens' attorneys' [*2] fees shall be calculated at the rate established by the Secretary of the Treasury, pursuant to 28 U.S.C. § 1961 , but need not be paid until ninety (90) days following Final Judgment.