Duke Unit Must Pay Enviros' Legal Fees: 4th Circ.

Law360, New York (April 14, 2011, 7:25 PM EDT) -- A subsidiary of Duke Energy Corp. will have to pay nearly $500,000 in attorneys' fees to environmental groups that challenged approval of a new North Carolina coal-fired power plant, the Fourth Circuit affirmed Thursday.

The groups' success in forcing the case back before state regulators — regardless of what those regulators ultimately decide — is a big enough victory to qualify for an award of attorneys' fees under the Clean Air Act's provisions, the U.S. Court of Appeals for Fourth Circuit ruled.

The ruling upholds a...
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