What is the legal standard for awarding attorneys' fees to a prevailing defendant on appeal?

The legal standard for awarding attorneys' fees to a prevailing defendant on appeal is the same as the standard governing a district court's decision to award attorneys' fees to a prevailing defendant. Elks National Foundation v. Weber, 942 F.2d 1480, 1485 (9th Cir.1991), cert. denied, --- U.S. ----, 112 S.Ct. 2995, 120 L.Ed.2d 872 (1992). For the reasons mentioned, we award attorneys' fees for costs on appeal to the defendants. We remand to the district court for determination of the amount of fees earned on appeal.