Wing

We consider what constitutes a reasonable attorney fee in the context of a written settlement agreement and whether the body of law pertaining to statutory fee awards or “common fund” cases has application here. As part of a $67.5 million settlement of an environmental class action lawsuit, Asarco Incorporated (“Asarco”) agreed to pay the reasonable attorney fees and expenses of class counsel, as determined by the court. Asarco appeals from the district court’s fee award of $8 million. We affirm.

Facts and Procedural History

Plaintiffs brought a class action against Asarco for alleged contamination of residential soils by emissions of arsenic and lead from a local Asarco smelter. On the eve of trial, the parties negotiated a $67.5 million settlement (the “Settlement Agreement”), consisting of: (1) a ten-year $500,000 fund *988 for medical monitoring, with Asarco replenishing the fund if needed (the “Medical Monitoring Program”); (2) a ten-year $1.5 million fund to compensate for declines in property values due to the contamination, to be similarly replenished (the “Property Value Assurance Program”); (3) a $5 million cash payment within 7 days of court approval of the Settlement…