1. Litigation Costs Section 505(d) of the Federal Water Pollution Control Act ( 33 U.S.C. 1365(d) ) is amended to read as follows: (d) Awards (1) The court, in issuing any final order in any action brought under this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any prevailing or substantially prevailing party, whenever the court determines such award is appropriate. The award— (A) may not exceed an amount that, as compared to the total amount of attorney and expert witness fees charged, bears the same proportion as the number of successful claims included in the complaint bears to the total number of claims included in the complaint; (B) may not exceed the amount of monetary penalties awarded