If a prevailing party can show that it required the particular expertise of counsel from another vicinage, or that local counsel were unwilling to take on the litigation, then it is entitled to attorneys' fees based on prevailing rates where its attorneys practice; in this environmental action, the District Court's conclusion that plaintiff could not find New Jersey counsel was not clearly erroneous, and its decision to award compensation based on prevailing market rates in Washington, D.C., is affirmed.
October 31, 2005 at 12:00 AM
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