Alyeska Pipeline Service Co. v. Wilderness Society

Mr. Justice Brennan,

dissenting.

I agree with Mr. Justice Marshall that federal equity courts have the power to award attorneys’ fees *272 on a private-attorney-general rationale. Moreover, for the reasons stated by Judge Wright in the Court of Appeals, I would hold that this case was a proper one for the exercise of that power. As Judge Wright concluded:

“Acting as private attorneys general, not only have [respondents] ensured the proper functioning of our system of government, but they have advanced and protected in a very concrete manner substantial public interests. An award of fees would not have unjustly discouraged [petitioner] Alyeska from defending its case in court. And denying fees might well have deterred [respondents] from undertaking the heavy burden of this litigation.” 161 U. S. App. D. C. 446, 456, 495 F. 2d 1026, 1036.