On March 8, 1999 the Supreme Court refused to hear an appeal in a case involving attorneys fees. The NAM had filed an amicus brief urging the Court to end a double standard that benefits lawyers who sue manufacturers under various environmental laws.
In this case, the Ninth Circuit ignored federal statutes by holding defendants to a much higher standard than applied to plaintiffs when ruling on a request for attorney’s fees. By giving plaintiffs such a strong incentive to sue, this interpretation undercuts the authority of the EPA and the Department of Justice to be the nation’s chief environmental enforcement agencies. In addition, the court’s ruling encourages litigation in any case that is arguably slightly better than a frivolous case.