Santa Fe Pacific Realty Corporation, Plaintiff-appellant, v. United States of America; Richard G. Armor, Defendants-appellees, 50 F.3d 16 (9th Cir. 1995)

IN PART, REVERSED IN PART.

Before: GOODWIN, CANBY and T.G. NELSON, Circuit Judges.

ORDER

The sole issue presented by this appeal is whether the district court erred in denying all attorneys' fees incurred by Catellus Development (formerly Santa Fe Pacific Realty Corporation) in a CERCLA cleanup pursuant to 42 U.S.C. § 9607(a) (4) (B). The parties now agree, as do we, that the district court's decision should be affirmed in part and reversed in part and remanded for a determination of which, if any, attorneys' fees are recoverable in light of Key Tronic Corp. v. United States, 114 S. Ct. 1960 (1994). We accordingly submit this case on the briefs, and reverse that part of the district court's decision that denied fees for work "that is closely tied to the actual cleanup" within the meaning of Key Tronic, 114 S. Ct. at 1967. We remand so that the district court may determine what part of the requested fees, if any, are recoverable under that standard. In all other respects, the decision of the district court is affirmed. Each party will bear its own costs on appeal.

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.