RIVERWATCH v. COUNTY OF SAN DIEGO DEPARTMENT OF ENVIRONMENTAL HEALTH Part I
This appeal and the companion appeal, RiverWatch v. County of San Diego Department of Environmental Health, Case No. D048259, are the latest in the lengthy course of litigation that followed 1994 voter approval of Proposition C, an initiative which paved the way for construction and operation of a privately owned solid waste facility in northern San Diego County. (San Diego County Sample Ballot and Voter Information Pamp., Gen. Elec. (Nov. 8, 1994) Prop. C.) In the underlying action giving rise to these two appeals, plaintiffs RiverWatch, the Pala Band of Mission Indians (Pala Band), and the City of Oceanside (Oceanside) sought a writ of mandate alleging that defendants County of San Diego Department of Environmental Health and Gary Erbeck, Director of the County of San Diego Solid Waste Local Enforcement Agency, (collectively DEH), violated the California Environmental Quality Act (Pub. Res. Code, 21000 et seq.) (CEQA), Proposition C, the San Diego County general plan, and the California Code of Regulations when they approved various aspects of the landfill project. The trial court granted the petition in part and denied it in part. In case no. D048259, RiverWatch, the Pala Band and Oceanside appealed from the portions of the January 2006 judgment that were adverse to them. We affirmed the judgment, rejecting plaintiffs' claims that the landfill project violated Proposition C and the San Diego County general plan, and that the final environmental impact report violated CEQA.[1] In this appeal, Case No. D049216, DEH and real party in interest Gregory Canyon, Ltd. (GCL) challenge the June 2006 judgment awarding RiverWatch and the Pala Band attorney fees in the sum of $239,620 pursuant to the private attorney general doctrine set forth in Code of Civil Procedure section 1021.5 (section 1021.5). DEH and GCL assert that the trial court abused its discretion in awarding attorney fees to RiverWatch and Pala Band under section 1021.5 because plaintiffs failed to satisfy at least two requirements for the award. Alternatively, DEH and GCL urge us to reduce the attorney fee award on grounds RiverWatch and the Pala Band had only limited success in their effort to prevent the landfill project from going forward. Court conclude there was no abuse of discretion. The litigation initiated by RiverWatch and Pala Band satisfied the requirements of section 1021.5, and the attorney fee award was consistent with the purpose of the private attorney general doctrine. The trial court presided over briefing and trial on the underlying petition, and fully understood the significance of the claims set forth in the petition. The court did, in fact, reduce the requested award for reasons it explained in detail. Court affirm the judgment.
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