UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) PUBLIC EMPLOYEES FOR ) ENVIRONMENTAL RESPONSBILITY, ) et al., ) ) Plaintiffs, ) ) v. ) Civil Action No. 10-1067 (RBW) (DAR) ) DR. WALTER CRUICKSHANK, et al., ) Consolidated with: ) Defendants, ) Civil Action No. 10-1073 ) Civil Action No. 10-1079 CAPE WIND ASSOCIATES, LLC, ) Civil Action No. 10-1238 ) Intervenor. ) ____________________________________) ) ALLIANCE TO PROTECT ) NANTUCKET SOUND, et al., ) ) Plaintiffs, ) ) v. ) ) 1 DAVID BERNHARDT, et al., ) ) Defendants, ) ) CAPE WIND ASSOCIATES, LLC, ) ) Intervenor. ) ____________________________________) ) TOWN OF BARNSTABLE, ) MASSACHUSETTS, ) ) Plaintiff, ) ) v. ) ) 1 Individuals sued in their official capacities have been substituted as the proper party defendants pursuant to Federal Rule of Civil Procedure 25(d). DAVID BERNHARDT, et al., ) ) Defendants, ) ) CAPE WIND ASSOCIATES, LLC, ) ) Intervenor. ) ____________________________________) ) THE WAMPANOAG TRIBE OF GAY ) HEAD (AQUINNAH) ) ) Plaintiff, ) ) v. ) ) DR. WALTER CRUICKSHANK, et al., ) ) Defendants, ) ) CAPE WIND ASSOCIATES, LLC, ) ) Intervenor. ) ____________________________________) MEMORANDUM OPINION This consolidated case comprises four sets of interrelated claims concerning several administrative decisions made by federal agencies approving the construction of various aspects of an offshore wind energy project in Nantucket Sound (the “Cape Wind project”). Currently pending before the Court is plaintiffs Public Employees for Environmental Responsibility (“PEER”) and Alliance to Protect Nantucket Sound’s (the “Alliance”) (collectively, the “plaintiffs”) Motion for an Award of Attorneys’ Fees and Costs by Plaintiffs Public Employees for Environmental Responsibility and Alliance to Protect Nantucket Sound (“Pls.’ Mot.”). Upon 2 careful consideration of the parties’ submissions, 2 the Court concludes for the following reasons that it must grant in part and deny in part the plaintiffs’ motion for attorneys’ fees. I. BACKGROUND The Court has previously set forth the factual background of this case, see Pub. Emps. for Envtl. Responsibility v. Beaudreau, 25 F. Supp. 3d 67, 85–93 (D.D.C. 2014) (Walton, J.), and therefore will not recite it again here. The Court will, however, briefly summarize the procedural posture of this case relevant to the claims on which the plaintiffs seek attorneys’ fees, which is pertinent to the resolution of the pending motion. A. Case Background The plaintiffs, and others, brought this civil action (“Civil Action No. 10-1067”), against Walter Cruickshank, the Director of the United States Bureau of Ocean Energy Management (“BOEM”); David Bernhardt, the Secretary of the United States Department of the Interior (the “Department of the Interior”); Aurelia Skipwith, the Director of the United States Fish and Wildlife Service (“FWS”); Wilbur Ross, the Secretary of the United States Department of Commerce; Chris Oliver, the Assistant Administrator of the National Marine Fisheries Service (“NMFS”); and Lieutenant General Todd T. Semonite, the United States Army Chief of Engineers and Commanding General of the United States Army Corps of Engineers (the “Corps 2 In addition to the documents ...
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