ELR Citation: ELR 20804
No(s). 93-1245 (10th Cir. Jan 24, 1994)

The court affirms a district court's award of attorney fees to plaintiffs in a citizen suit against a mining company for alleged violations of the open dumping provisions of §4005(a) of the Resource Conservation and Recovery Act (RCRA) and RCRA §7002(a)(1)(B)'s imminent hazard provisions. The parties had reached an agreement in principle on the open dumping claim, pursuant to which the company would recondition three affected sites and plaintiffs would drop their claim. The court holds that the district court properly determined plaintiffs to be prevailing parties entitled to attorney fees in connection with the open dumping claim, even though they did not obtain a judicial determination. Also, the district court did not abuse its discretion in setting a reasonable fee award. The court next holds the plaintiff's voluntary dismissal of their imminent hazard claim precludes appeal of the district court's interlocutory summary judgment ruling on that claim, which preceded the dismissal. The court also holds that the district court acted appropriately in refusing to award defendant attorney fees in connection with plaintiff's imminent hazard claim.

Counsel for Plaintiffs
Korina Thomas
Gablehouse, Epel & Letson
1050 17th St., Ste. 1730, Denver CO 80265
(303) 572-0050

Counsel for Defendant
Francis Collins
Pendleton & Sabian
303 E. 17th Ave., Ste. 1000, Denver CO 80203
(303) 839-1204