CC PACKET 09251984 - Laserfiche WebLink

Home Browse Search

i of Health letter recommending that the well be closed. In for relief outlined above, only two statutes provide a possible that event, a claim by the City of St. Anthony under the basis for St. Anthony to recover its attorney fees in this Federal Tort Claims Act must first be brought to the Department ; litigation, namely, CERCLA and MERLA. of the Army by October 1985. Once the claim to the Department Under CERCLA, Section 107(a) allows a plaintiff of the Army is made, St. Anthony should expect to commence to recover "all costs" and "any other necessary costs of i suit within six (6) months of bringing such claim. Likewise, response" which are the result of a release of hazardous the three (3) year statute of limitations that might be asserted substances. Although Section 107(a) does not specifically under CERCLA should be kept in mind since the City would provide for attorney fees, in United States v. Northeastern have to assert its CERCLA claim by October 1986. Further, Pharmaceutical & Chemical Company, Inc., 579 F. Supp. 823, before bringing any lawsuit under RCRA, St. Anthony must 850-851 (W.D. Mo. 1984) the court held that the United States give sixty (60) days prior notice to the Environmental Protection was entitled to recover its attorney fees as well as other Agency, the State of Minnesota and any alleged violators. administrative costs in cleaning up a hazardous waste site. Because the City of St. Anthony has incurred damages This decision is an isolated opinion which may be rejected like, but much smaller than those of the City of New Brighton, by other jurisidictions. It is also unclear whether the it would be most efficient and cost-effective for the City reasoning in this case would be extended by another court of St. Anthony to simply intervene in the action of the City to award attorney fees to plaintiffs other than the United of New Brighton. The City of St. Anthony must, however, States or a state. intervene in a timely fashion so as not to have any of its Although the issue of a plaintiff's right to attorney claims barred by the statute of limitations. Conversations fees is still open to question under CERCLA, in MERLA, Minn. with the New Brighton attorneys suggests that the City of Stat. § 115B.14, a prevailing party in an action brought New Brighton is anxious to have St. Anthony intervene in under the statute may be awarded its costs, disbursements this action. and reasonable attorney and witness fees. Since any lawsuit ATTORNEYS' FEES AND LITIGATION EXPENSES brought by the City of St. Anthony will likely assert a claim A plaintiff is only allowed its attorney fees incurred under MERLA, the City should be able to recover its attorney in litigation when a statute so provides. In the claims fees in any such litigation. In most cases, however, the amount of attorney fees recovered is usually less than that expended. - 18 - - 19 - �►