DATE: April 25, 1996
CASE NO.  95-CAA-1

IN THE MATTER OF

CLIFFORD SUTHERLAND,  SCOTT TENBRINK,
FRED E. FRANKLIN, AND AARON HAHN,

          COMPLAINANTS

     v.   

SPRAY SYSTEMS ENVIRONMENTAL AND
WILLIAM RAE SMITH,

          RESPONDENTS.

BEFORE:   THE SECRETARY OF LABOR


                     INTERIM ORDER

     This case arises under the employee protection provisions of
the Clean Air Act, 42 U.S.C. § 7622 (1988), and the Toxic
Substances Control Act, 15 U.S.C. § 2622 (1988).  On
February 26, 1996, the Secretary issued a Final Decision and
order (F.D. and O.) allowing Complainants' counsel to submit a
petition for the payment of attorney's fees and costs for work
attendant to this case before the Secretary.  F.D. and O. at 9-10.

     On Mar. 6, 1996, Complainants' counsel filed a Petition for
Attorney's Fees and Costs (Petition), and on Apr. 12, 1996,
Respondents' filed a Response and Objection to the Petition
(Objection).

     In calculating attorney's fees under the statutes, the
lodestar method is employed, which requires multiplying the
number of hours reasonably expended in pursuing the litigation by
a reasonable hourly rate.  Hensly v. Eckerhart, 461 U.S.
424 (1983).  Complainants' attorney, Andrew L. Lichtenberg, has
requested that his hourly rate be set at $130.   Petition at 1. 
Respondent does not object to this hourly rate.

     Respondents object to the hours claimed by Complainants'
counsel due to the failure of the Petition to set forth any clear
itemization of the time spent, the work performed, or the
specific time expended on each item.  Objection at 2.  A petition
for attorney's fees must be based on records indicating date,
time and duration necessary to accomplish the specific activity. 
Each activity should be detailed and clearly identifiable as
pertaining to the case.  In like manner, all claimed costs should
be specifically identified, and if possible, a receipt appended.

     Although the hours claimed by Complainants' counsel do not
appear to be out of line for an appeal to the Secretary, no award
can be determined as appropriate, or a determination made with
regard to Respondents' objections thereto, until a requisite
level of detail is provided.

                           ORDER

     Complainant's counsel shall, within ten (10) days of the
issuance of this Order, submit a detailed itemization of the
hours claimed pursuant to his Petition.  Respondents may file an
opposition to such itemization within twenty (20) days of the
issuance of this Order.

     SO ORDERED.

                              DAVID A. O'BRIEN
                              Director, Office of
                              Administrative Appeals[1]

Washington, D.C.


[ENDNOTES]

[1]  This order is issued pursuant to the Secretary's Order 3-90,
55 Fed. Reg. 13,250 (April 9, 1990).