§ 6.4.3 Comparison with Federal Law
In Alyeska Pipeline Service Co. v. Wilderness Society, 421 U.S. 240 (1975), the U.S. Supreme Court ruled that federal courts lack authority under federal law to award attorneys' fees pursuant to the private attorney general doctrine. First, "the circumstances under which attorneys' fees are to be awarded and the range of discretion of the courts in making those awards are matters for Congress to determine." Id. at 262. Second, "it would be difficult, indeed, for the...
