Environmental Protection Information Center, Inc. v. Pacific Lumber Co.

MEMORANDUM *

The Pacific Lumber Company (Pacific Lumber) appeals from the district *539 court’s order allowing attorneys’ fees to the Environmental Protection Information Center, Inc. (EPIC). The district court had jurisdiction under 28 U.S.C. §§ 1331 , 2201, and 2202 and 16 U.S.C. §§ 1540 (c) and (g). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review attorneys’ fees awards for an abuse of discretion, if the district court applied the correct legal standard. Carson-Truckee Water Conservancy Dist. v. Sec’y of Interior, 748 F.2d 523, 524 (9th Cir.1984). We reverse and remand.

In awarding EPIC attorneys’ fees the district court relied on its finding that “[EPIC’s] efforts resulted in court orders that established the application of section 7(d) of the [Act] to private [incidental take permit (ITP) ] applications as well as clarification that section 7 of the [Endangered Species Act (Act) ] applied to ITP applications under section 10.” The district court also stated, “the issues of interpreting and applying section 7(d) of the act and 7(d)’s interactions with section 10 were novel, important and complex and the efforts of plaintiffs did aid in interpreting the [Act].”…