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RESURRECTION BAY CONSERVATION v. SEWARD, ALASKA

No. 10-35446.

640 F.3d 1087 (2011)

RESURRECTION BAY CONSERVATION ALLIANCE; Alaska Community Action on Toxics, Alaska nonprofit corporations, Plaintiffs-Appellants, v. CITY OF SEWARD, ALASKA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 19, 2011.

Attorney(s) appearing for the Case

Victoria Clark , Trustees for Alaska, Anchorage, AK, for the plaintiffs-appellants.

Cheryl Brooking (argued) and Leila Kimbrell , Wohlforth, Johnson, Brecht, Cartledge & Brooking, Anchorage, AK, for the defendant-appellee.

Before: ARTHUR L. ALARCÓN, SUSAN P. GRABER, and JAY S. BYBEE, Circuit Judges.

OPINION

ALARCÓN, Circuit Judge:

The issue presented by this appeal is whether the district court abused its discretion in denying an award of attorney fees to Resurrection Bay Conservation Alliance, an Alaska nonprofit corporation, and Alaska Community Action on Toxics, an Alaska nonprofit corporation (collectively "RBCA") pursuant to section 505(d) of the Clean Water Act ("CWA"), 33 U.S.C. § 1365(d), because RBCA came within the "special circumstances...

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