Sec. 1. Litigation Costs
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/bill/116/hr/892/ih/section-1A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 505(d) of the Federal Water Pollution Control Act ( 33 U.S.C. 1365(d) ) is amended to read as follows: The court, in issuing any final order in any action brought under this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any prevailing or substantially prevailing party, whenever the court determines such award is appropriate. The award— may not exceed an amount that, as compared to the total amount of attorney and expert witness fees charged, bears the same proportion as the number of successful claims included in the complaint bears to the total number of claims included in the complaint; may not exceed the amount of monetary penalties awarded; and shall be based upon the prevailing market rates in the area in which the violation occurred for the kind and quality of the services furnished.
The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the Federal Rules of Civil Procedure. .
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U.S. Code