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California Court of Appeal


Ebbetts Pass Forest Watch v. California Dep't of Forestry & Fire Prot., F058062

In environmental groups' suit seeking to overturn California Department of Forestry and Fire Protection's (CDF) approval of three timber harvest plans for logging in Tuolumne County, claiming that CDF had not followed the law in approving the plans, trial court's denial of plaintiffs' request for attorney's fees following the California Supreme Court's finding in favor of the defendant is affirmed as the trial court did not abuse its discretion in denying attorney's fees as plaintiffs have failed to meet their burden to show they were successful within the meaning of section 1021.5 considering they did not receive a favorable judgment nor did they achieve their strategic objective of overturning the approval and halting timber operations until additional environmental assessments were performed.

Appellate Information

  • Decided 08/10/2010
  • Published 08/10/2010

Judges

  • Ardaiz, P. J.

Court

  • California Court of Appeal

Counsel

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