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Browder v. Moab, City of

ELR Citation: 38 ELR 20075
Nos. No. 2:99-807, (D. Utah, 03/12/2008) Attorneys fees awarded on remand

On remand, a district court awarded attorney fees to plaintiff, who prevailed on one Resource Conservation and Recovery Act (RCRA) claim, despite the fact that plaintiff failed to prevail under several other claims. Attorney fees are ordinarily awarded to prevailing RCRA parties absent a strong showing of special circumstances. Here, plaintiff did receive some meaningful relief on his claims despite the rejection of his other claims. As a result, plaintiff is due a reasonable award of attorney fees and costs that are attributable to the successful RCRA claim.