Jones

MEMORANDUM **

The Joneses, the owners of a family-operated farm and ranch near Challis, Idaho, appeal from the district court’s decision granting the plaintiffs’, Idaho Watershed Project and the Committee for Idaho’s High Desert (collectively “IWP”), motion for attorney’s fees, and denying the Joneses’ motion for attorney’s fees. As this is the second time the parties have been before this court, they are familiar with the facts and proceedings so we need not recite them here.

We review a district court’s award of attorney’s fees under an abuse-of-discretion standard. Ass’n of Cal. Water Agencies v. Evans, 386 F.3d 879 , 883 (9th Cir.2004). We review the underlying factual determinations for clear error and review any legal analysis relevant to the fee determination de novo. Id.

Title sixteen of United States Code section 1540(g)(1) provides that “any person may commence a civil suit on his own behalf to enjoin any person ... who is alleged to be in violation of’ the Endangered Species Act (ESA). 16 U.S.C. § 1540 (g)(1). This is commonly referred to as a citizen-suit provision. In suits brought under the ESA’s citizen-suit provision, a court “may award costs of litigation…