Circuit split · civil procedure
Whether the statutory attorney's fees provision at issue authorizes an award of attorney's fees in these circumstances
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
- San Carlos Apache Tribe v. United States417 F3D 1091
Ninth Circuit Court of Appeals · August 9, 2005
“Thus, we part ways with our sister circuits on the import of the attorney’s fees provision.” — Parts ways with another circuit
Empirical analysis of this case →
The provision at issue
16 U.S.C. § 470F — Effect of Federal undertakings upon property listed in National Register; comment by Advisory Council on Historic Preservation
“The head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State and the head of any Federal department or independent agency having authority to license any undertaking shall, prior to the approval of the expenditure of any Federal funds on the undertaking or prior to the issuance of any license, as the case may be, take into account the effect of the undertaking on any district, site, building, structure, or object that is included in or eligible for inclusion in the …”Read the full section →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- On the other sideBoarhead923 F.2d 1017
“§ 470w-4, allows a court to award attorneys’ fees- and other costs “[i]n any civil action brought in any United States district court by any interested person to enforce the provisions of [the Preservation Act], if such.person substantially prevails in such action,” we agree with the arguments advanced by Boarhead and amici that Congress must have intended to establish a private right of action to interested parties, such as Boarhead, in these situations.” — San Carlos Apache Tribe v. United States, acknowledging the split
- On the other side · 5th Cir.Vieux Carre Prop. Owners, Residents & Assoc., Inc.875 F.2d 458
- DiscussedPresbyterian Church870 F.2d 524
What the split turns on
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.