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1985 Interior Dec. (IBLA) 236 (1985)

handle is hein.amindian/ibla1985 and id is 1 raw text is: Editor's note: 92 I.D. 1 DONALD ST. CLAIR ET AL. IBLA 84-264 Decided January 2, 1985 Petition for payment of costs and expenses including attorney's fees under provision of 43 CFR 4.1290 and 4.1294. Denied. 1. Surface Mining Control and Reclamation Act of 1977: Attorneys' Fees/Costs and Expenses: Standards for Award Appellants' failure to obtain any part of the benefit sought by their claims for relief prevents payment of their claim for reimbursement of costs, expenses, and attorney's fees pursuant to provision of 43 CFR 4.1290 and 4.1294. 2. Surface Mining Control and Reclamation Act of 1977: Attorneys' Fees/Costs and Expenses: Standards for Award Appellants' failure to make a substantial contribution to the resolution of pending claims for relief and to achieve some degree of success in prosecuting their claims before the Department bars award of attorney's fees under Departmental regulations and applicable law. APPEARANCES: Mark Squillace, Esq., Washington, D.C., for petitioners; Glenda R. Hudson, Esq., Office of the Solicitor, Washington, D.C., for Office of Surface Mining Reclamation and Enforcement. 84 IBLA 236

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