Joseph Pakootas v. Teck Cominco Metals, Ltd.

MEMORANDUM

We previously published two opinions in the underlying case, Pakootas v. Teck Cominco Metals, Ltd., 452 F.3d 1066 (9th Cir.2006), and Pakootas v. Teck Cominco Metals, Ltd., 646 F.3d 1214 (9th Cir.2011). We now address a separate appeal, from an award of attorney’s fees in the underlying case.

Teck Comineo Metals Ltd. appeals the district court’s grant of attorney’s fees to Pakootas, Michel, and the State of Washington under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”).

The district court awarded attorney’s fees based on 42 U.S.C. § 9659 (f), which applies specifically to CERCLA citizen suits. Section 9659(f) provides:

Id. (emphasis added). ‘We review a district court’s determination regarding ‘prevailing party’ status de novo, as ‘[t]he question of whether a judgment has materially altered the legal relationship of the parties is a legal one.’ ” La Asociacion de Trabajadores v. City of Lake Forest, 624 F.3d 1083, 1089 (9th Cir.2010).

“[F]or a litigant to be a ‘prevailing party’ for the purpose of awarding attorneys’ fees, he must meet two criteria: he must achieve a material alteration of the legal relationship of the…