ORDER

In Northern Plains Resource Council v. EPA, 645 F.2d 1349 (9th Cir. 1981), we affirmed the decision of the EPA. Subsequent to our decision, Northern Plains Resource Council (NPRC) filed for an award of attorney’s fees pursuant to the Clean Air Act, § 307(f), 42 U.S.C. § 7607(f) (§ 307(f)). EPA opposes this request, primarily arguing that under the circumstances of this case an award of attorney’s fees would be inappropriate.1

DISCUSSION

Section 307(f) provides that “in any judicial proceeding under this section, the court may award costs of litigation (including reasonable attorney’s and expert witness’s fees) whenever it determines that such an award is appropriate.” As EPA recognizes, Congress, by adopting this section of the Clean Air Act, did not intend to limit the award of attorney’s fees to the “prevailing party.”2 Instead, Congress sought to facilitate challenges of EPA decisions in order to insure that EPA fulfilled its designated function of preserving air quality. See Metropolitan Washington Coalition for Clean Air v. District of Columbia, 639 F.2d 802, 804 (D.C.Cir. 1981). We agree with the D.C. Circuit that in determining whether a party — prevailing or non-prevailing — can recover attorney’s fees under § 307(f) from the Government, the test is “whether in light of what was known . . . when the action was instituted, the action was of the type Congress sought to encourage when it authorized awards of attorneys’ fees.” Id.

Applying this test in the instant case, we believe NPRC is entitled to an award of attorney’s fees. Contrary to EPA’s argument, at least two of the issues presented in this case had not been decided by this court prior to the institution of this suit.3 Moreover, the interest of certain NPRC members in preserving the value of *849their property which might have been decreased if the power plants were built would not have been sufficient incentive to encourage the expenditures required by a suit of this type.

Because NPRC brought this suit to promote the quality of air resources, and because the suit presented issues important to the construction of the Clean Air Act, this is precisely the type of suit Congress sought to encourage by enacting § 307(f). An award of attorney’s fees to NPRC is therefore appropriate under that section.4

CONCLUSION

NPRC is entitled to attorney’s fees under § 307(f). It will have 14 days from the entry of this order to file a motion specifying the amount of fees sought with supporting documents justifying the request. EPA will have 14 days from the date NPRC files its motion to file an opposition to NPRC’s motion.