Green Fees: Attorney Fees in Environmental Litigation

March 20, 2012
Christopher D. Ball
Association of Corporate Counsel's "Green-house Counsel"

Attorney fees are a pressing issue for businesses facing the prospect of litigation, and are particularly problematic for legal departments tasked with keeping those fees in check. Because an award of attorney fees can significantly shift the anticipated costs of a lawsuit, the likelihood that either side to a suit will recover fees is a question that regularly arises at the outset of a case. Environmental law is no stranger to this dynamic, and an understanding of the factors that enable or bar a party from recovering fees in environmental litigation can be an important asset to effectively manage litigation expenses.

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