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We think the District Court [in declining to award fees] incorrectly focused its attention on the outcome and practical effect of the litigation, to the exclusion of a more relevant consideration-whether the suit was the type that Congress intended to encourage when it enacted the citizen-suit provision .... The attorneys' fee feature was offered as an inducement to citizen suits, which Congress deemed necessary; and if the hope Congress had for such suits is to become a reality, decisions on fee-allowance cannot make wholesale substitutions of hindsight for the legitimate expectation of citizen plaintiffs.1

Citizen Suit Attorney Fee Shifting Awards: A Critical Examination of Government-"Subsidized" Litigation