RECENT CALIFORNIA DECISIONS

October 2005

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First and Fourth Districts Reach Different Results on Private Attorney General Fee Awards where Petitioners Achieve Limited CEQA Claims Success
Bowman v. City of Berkeley

In two recent attorney fee award cases involving the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.), the First and Fourth District Courts of Appeal came to different conclusions regarding whether petitioners that achieve only limited success on their claims may be awarded their attorney’s fees under the private attorney general doctrine codified in Code of Civil Procedure § 1021.5.