Earlier this month, in Interfaith Community Organization v. Honeywell International, No. 11-3813 (3d Cir. July 8, 2013), the U.S. Court of Appeals for the Third Circuit decided that a defendant in a federal environmental citizen suit may make an offer of judgment under Federal Rule of Civil Procedure 68, at least as to the plaintiff's claim for attorney fees.
Offers of Judgment in Federal Ct. Allowed in Citizen Suits
The Legal Intelligencer
July 23, 2013