Interior loses in court but sometimes resists paying attorneys fees

By Michael Doyle | 05/02/2025 01:17 PM EDT

The Justice Department recently backed out of one fee settlement and has slammed another plaintiff attorney request for payment as being far too high.

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The Justice Department is challenging two bids for plaintiff attorneys fees from Interior Department cases. Tingey Injury Law Firm/Unsplash

Attorneys who have beat the Interior Department in court are now fighting for their fees on a least a couple fronts.

In one case, lawyers representing a Michigan tribe have asked for what the Justice Department called a “staggering” $1.5 million in attorneys fees. A Justice attorney countered on Wednesday that the government might owe about $50,000, at most.

In another case, a court filing Monday revealed that the Justice Department had abruptly backed out of a fee settlement with environmentalists who had successfully challenged a Bureau of Land Management oil-and-gas leasing decision.

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“We have not encountered a situation like this before, where we were in the process of finalizing a settlement agreement and the federal government came back and informed us that it was no longer interested in settling,” Earthjustice senior attorney Alexandra Schluntz said Thursday.

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