Fee Award Is Reversed Where Lower Court Failed To Consider Complexities Of Appellate Work

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In Center for Biological Diversity v. County of San Bernardino, 2010 DJDAR 14646 (2010), the Fourth District Court of Appeal reversed a fee award in a case brought under the California Environmental Quality Act (CEQA).

Haywarden Development Co. (“Haywarden”) sought to develop approximately 40 acres of land near Lake Arrowhead, California. The County of San Bernardino subsequently certified an Environmental Impact Report (“EIR”) for the project. A lawsuit challenging the sufficiency of the EIR was filed by the Center for Biological Diversity (“Center”), and the Center prevailed at the trial court level.

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