Alaska City Must Pay Atty Fees To Enviros: 9th Circ.

Law360, New York (May 19, 2011, 6:34 PM EDT) -- The Ninth Circuit ruled Thursday that Seward, Alaska, must pay attorneys' fees to two environmental groups that brought a $76 million suit against the city for allegedly discharging toxic pollutants without the proper permits.

A lower court abused its discretion by concluding that although the Resurrection Bay Conservation Alliance and Alaska Community Action on Toxics were the prevailing parties, special circumstances precluded an award of attorneys' fees, according to a three-judge panel of the Ninth Circuit.

The environmental groups are seeking about $124,000 in fees and...
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