Private Attorney General: CEQA Plaintiffs Obtaining Mandamus To Require Preparation Of An EIR Entitled Them To An Award Of CCP § 1021.5 Fees

Public Benefit Was Clear When CEQA Policies Were Vindicated.

            In Oakdale Groundwater Alliance v. Oakdale Irrig. Dist., Case No. F077281 (5^th Dist. Jan. 31, 2019) (unpublished), CEQA plaintiffs obtained mandamus requiring that District prepare a full-blown environmental impact report (EIR), rather than just a negative declaration, and prepare a better study on the environmental impacts of a water project. The trial judge awarded attorney’s fees to District under the private attorney general statute. That award was upheld on appeal. A significant benefit was achieved by plaintiffs in vindicating CEQA policies, especially the need for an EIR. Private enforcement was necessary because the District did not want to prepare an EIR. Even if the financial benefits to plaintiffs exceeded the litigations costs, the public benefit conferred by plaintiffs’ actions can actually override a strict cost/benefit analysis.