RECENT FEDERAL DECISIONS

June 2009

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Ninth Circuit Issues Amended Opinion Holding that Award of Attorneys’ Fees under the Endangered Species Act Was Proper
Center for Biological Diversity v. Marina Point Development, ___F.3d.___

The Center for Biological Diversity (CBD), a nonprofit public interest conservation organization, filed suit against Marina Point Development (Marina Point) seeking to enjoin the development of a residential condominium project on shoreline of Big Bear Lake, based on impacts to the American Bald Eagle and alleged violations of the Clean Water Act (CWA) and the feceral Endangered Species Act (ESA). The U.S. District Court for the Central District of California entered judgment against the defendants, awarding CBD attorneys’ fees under both the CWA and ESA and denying their motion for a new trial. (See, 16 California Land Use L. & Pol’y Rptr 22 (Oct. 2006).) The Ninth Circuit reversed the CWA fee award but remanded the case for apportionment of the fees incurred by CBD in prevailing under the ESA.