United States Ninth Circuit
St. John's Organic Farm v. Gem Cty. Mosquito Abatement Dist., 07-35797
In an action claiming unlawful discharge of pesticides into U.S. waters, denial of plaintiff's application for attorney's fees is reversed where plaintiff was a prevailing party because the settlement agreement at issue effected a material alteration in the legal relationship between the parties.
Appellate Information
- Argued 03/10/2009
- Decided 07/16/2009
- Published 07/16/2009
Judges
- Before: W. FLETCHER, RONALD M. GOULD and RICHARD C. TALLMAN, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Charles M. Tebbutt, Western Environmental Law Center, Eugene, OR, for the appellants.
- For Appellees:
- Susan E. Buxton, Moore Smith Buxton & Turcke, Mark L. Pollott, Murray D. Feldman, Holland & Hart, LLP, Michael John, Kane, Boise, ID, for the appellee.