[3] Enviros Send Feds' BiOp Bill

Earthjustice attorney Todd True sent his bill to the federal government for blowing the last FCRPS BiOp (NWF v. NMFS) out of the water.

For service rendered by True and fellow environmental attorneys from 2004 to 2008, they say the government owes them $1,130,531.53.

They say fees are based on "enhanced market rates" due to the specialized knowledge and skills needed to prosecute the case. True himself is billing over 1,700 hours at $350/hr., which adds up to $611,450.

True's June 4 filing in Oregon District Court includes a footnote that says the number of billable hours reflects a reduction in more than 1,400 "in the exercise of billing judgment and in consideration of other factors from the total number of hours actually spent on the various aspects of the case by NWF's counsel."

In another document filed the same day, True said the National Wildlife Federation, his main client, "anticipates that it will file shortly a supplemental complaint seeking judicial review of the 2008 FCRPS BiOp."

In that document, True says, NWF and federal defendants have agreed to put off a briefing on the fee issues because it would reduce their ability to address proceedings regarding the new BiOp.

In June 2007, the same parties reached agreement over fees and costs due the environmental attorneys for work from 2000 through November 2004 after extensive litigation over the 2000 BiOp, a sum that added up to $950,000. -B. R.

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