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Keywords

attorneyappealtrialsummary judgmentcomplianceclean water act
litigationattorneyappealtrialcorporationnonprofitclean water act

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Resurrection Bay Conservation Alliance v. City of Seward, Alaska, 640 F.3d 1087, 72 ERC 2157, 11 Cal. Daily Op. Serv. 5944, 2011 Daily Journal D.A.R. 7173

Facts

On September 22, 2006, Resurrection Bay Conservation Alliance (RBCA) filed a citizen enforcement suit against the City of Seward, alleging violations of the Clean Water Act due to the discharge of toxic pollutants from the Seward Small Boat Harbor and the Seward Marine Industrial Center. RBCA sought various forms of relief, including civil penalties and an award of attorney fees. The district court granted partial summary judgment in favor of RBCA, ordering the City to apply for a National Pollution Discharge Elimination System (NPDES) permit but declined to award civil penalties or attorney fees, leading to RBCA's appeal.

On September 22, 2006, RBCA filed a citizen enforcement suit alleging that the City of Seward (“the City”) was discharging toxic pollutants from the Seward Small Boat Harbor (“Small Boat Harbor”) and a boat repair yard, the Seward Marine Industrial Center (“SMIC”), into Resurrection Bay in violation of the CWA …

Issue

Did the district court abuse its discretion in denying an award of attorney fees to RBCA under section 505(d) of the Clean Water Act due to the existence of 'special circumstances'?

The issue presented by this appeal is whether the district court abused its discretion in denying an award of attorney fees to Resurrection Bay Conservation Alliance, an Alaska nonprofit corporation, and Alaska Community Action on Toxics, an Alaska nonprofit corporation (collectively “RBCA”) pursuant to section 505(d) of the Clean Water Act (“CWA”), 33 U.S.C. § 1365(d) …

Rule

Under section 505(d) of the Clean Water Act, a prevailing party may be awarded attorney fees unless 'special circumstances' render such an award unjust, as established in Newman v. Piggie Park Enterprises, Inc.

A district court's decision to award attorney fees under section 505(d) of the CWA must rest on two findings. First, [the court] must find that the fee applicant is a ‘prevailing or substantially prevailing party.’ Second, it must find that an award of attorney fees is ‘appropriate.’ …

Analysis

The Court of Appeals found that the district court misapplied the 'special circumstances' standard by focusing on the limited relief granted to RBCA and the absence of evidence of actual pollution. The court emphasized that the Clean Water Act's purpose is to enforce compliance with permit requirements, and RBCA's success in compelling the City to apply for an NPDES permit constituted a significant victory. The district court's reasoning did not align with the strict interpretation of 'special circumstances' that typically precludes fee awards.

We are persuaded, however, that the district court did not consider relevant factors and, as a result, misapplied the law regarding special circumstances to the facts of this case. …

Conclusion

The Court of Appeals vacated the district court's denial of attorney fees and remanded the case with instructions to award RBCA's fees and costs that were reasonably incurred in furtherance of the Clean Water Act's purpose.

The district court's denial of an award of attorney fees and litigation costs is VACATED, and this matter is REMANDED to the district court with instructions to award RBCA's fees and costs that were reasonably incurred in furtherance of the Clean Water Act's purpose.

Who won?

Resurrection Bay Conservation Alliance prevailed in the case because the Court of Appeals determined that the district court abused its discretion in denying the attorney fees, which RBCA was entitled to as a prevailing party under the Clean Water Act.

RBCA seeks an award of fees in the amount of $119,566.50 and costs in the amount of $4,790.80, for a total award of $124,357.30, and asks that this court award the full amount requested because it was not disputed on substantive grounds at the district court.

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