ELR Citation: ELR 20558
No(s). 91-36021 (9th Cir. Jan 28, 1993)

The court reverses a district court's decision holding that the U.S. Air Force is liable to a corporation for attorney fees that the corporation incurred in prosecuting a contribution action against the Air Force under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), in searching for additional potentially responsible parties, and in preparing and negotiating a consent decree between the corporation and the U.S. Environmental Protection Agency. The court has previously held that CERCLA does not authorize an award of attorney fees in private response cost recovery actions and, thus, the district court lacked authority to award such fees.

[The district court's decision is published at 21 ELR 21443.]

Counsel for Plaintiff-Appellee
Mark W. Schneider
Perkins Coie
1201 Third Ave., 40th Fl., Seattle WA 98101
(206) 583-8888

Counsel for Defendants-Appellants
M. Alice Thurston
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000