Alyeska Pipeline Svc. Co. v. Wilderness Soc’y, 421 U.S. 240 (1975)

Alyeska Pipeline Service Co. v. Wilderness Society


No. 73-1977


Argued January 22, 1975
Decided May 12, 1975
421 U.S. 240

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT

Syllabus

Under the "American Rule" that attorneys’ fees are not ordinarily recoverable by the prevailing litigant in federal litigation in the absence of statutory authorization, respondents, which had instituted litigation to prevent issuance of Government permits required for construction of the trans-Alaska oil pipeline, cannot recover attorneys’ fees from petitioner based on the "private attorney general" approach erroneously approved by the Court of Appeals, since only Congress, not the courts, can authorize such an exception to the American rule. Pp. 247-271.

161 U.S.App.D.C. 446, 495 F.2d 1026, reversed.

WHITE, J., delivered the opinion of the Court, in which BURGER, C.J., and STEWART, BLACKMUN, and REHNQUIST, JJ., joined. BRENNAN, J., post, p. 271, and MARSHALL, J., post, p. 272, filed dissenting opinions. DOUGLAS and POWELL, JJ., took no part in the consideration or decision of the case.