11 results for 'cat:"Environment" AND cat:"Attorney Fees"'.
J. Eddins finds that proceedings initiated by a state agency are not sheltered by sovereign immunity, and grants attorney fees to groups defending a frivolous petition filed by the state them. The court deems frivolous the board’s petition, which claims that an environmental group winning a prior case that capped water diversions from a Maui river prevented water from being used to battle the Lahaina wildfires. “It seems that the BLNR tried to leverage the most horrific event in state history to advance its interests.” Despite many sources, including Maui county itself, establishing that water availability from the river had nothing to do with containing the fires, the board refused to withdraw its petition and forced the environmental group to participate in further proceedings. Sovereign immunity is waived when state agencies initiate original actions, therefore the board is subject to the environmental group’s attorney fees.
Court: Hawai'i Supreme Court, Judge: Eddins, Filed On: April 18, 2024, Case #: SCPW-23-471, Categories: environment, Government, attorney Fees
J. Whitehead awards the nonprofit organization $359,100 in attorney fees following a consent decree for its complaint that the state government office enacted hatchery programs that affected the threatened Puget Sound steelhead and did not undergo required review, in violation of the Endangered Species Act. The attorneys' requested rates range from $290 per hour to $700 per hour based on the level of experience, which are reasonable.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: March 30, 2024, Case #: 2:21cv169, NOS: Environmental Matters - Other Suits, Categories: environment, attorney Fees
J. Dato finds the trial court improperly denied an award for attorney fees in this contract dispute against a county council. The property owner alleges she was fraudulently enrolled in a Property Assessed Clean Energy program. This case is remanded for the t rialcourt to find if there is a “party prevailing on the contract,” and for further proceedings. Reversed.
Court: California Courts Of Appeal, Judge: Dato, Filed On: February 20, 2024, Case #: D080978, Categories: environment, Property, attorney Fees
J. Witt finds that the lower court properly found for the waste management district in a declaratory judgment action over a change in law that no longer requires waste management districts to enter into Financial Assistance Agreements with the state as a prerequisite to receiving grant funds from the Solid Waste Management Fund. The law now provides that 61% of funds must be directly distributed to management districts without preconditions on how that funding will be used. The waste management district is entitled to attorneys' fees on appeal. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: October 24, 2023, Case #: WD85984, Categories: environment, Agency, attorney Fees
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J. Kindred grants in part commercial salmon fishing organizations' motion for interim attorney fees regarding a dispute with the federal government over the commercial fishing management of federal waters. The organizations were granted summary judgment and the matter was remanded for further proceedings. The government does not dispute that an award is appropriate, but objects to an award that includes fees for work performed in prior proceedings. As the prevailing party, the organizations are awarded $336,692 in attorney fees.
Court: USDC Alaska, Judge: Kindred, Filed On: September 28, 2023, Case #: 3:21cv255, NOS: Other Statutory Actions - Other Suits, Categories: environment, attorney Fees
J. Slough finds that the trial court supported its decision not to award attorney fees to a homeowners' association that sued to stop the extension of a highway with evidence that a transportation agency decided not to extend the highway for reasons other than the association's litigation. The agency's costs award was within the trial court's discretion. However, environmental groups that were also parties to the litigation may be entitled to attorney fees since they defended the government's power to protect wildlife habitat, which is an important public interest. Reversed in part.
Court: California Courts Of Appeal, Judge: Slough, Filed On: July 3, 2023, Case #: E077153, Categories: environment, Transportation, attorney Fees
J. Jenkins finds that the trial court should not have awarded attorney fees and costs to a landowner on a claim for environmental and private damages after the oil company entered a limited admission of liability as to three of the four tracts of land. The landowner should not have been awarded fees and costs for work performed in pursuit of its unsuccessful private damages claims at trial and for work outside the scope of Act 312. The date the trial began through the last date included in the submitted billing records must be excluded from the total award. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Jenkins , Filed On: May 22, 2023, Case #: 2022-CA-0383, Categories: environment, attorney Fees, Contract
J. Rice finds that the district court properly vacated a final order that granted a beneficial water use permit to a water bottling company that sought to appropriate groundwater. The Department of Natural Resources and Conservation failed to conduct a diligent review of the physical availability of water in a deep aquifer. However, the challengers to the permit, who prevailed over seven years of litigation and revealed errors in the Department's review process are entitled to attorney fees. Reversed in part.
Court: Montana Supreme Court, Judge: Rice, Filed On: May 16, 2023, Case #: DA 21-0535, Categories: environment, Water, attorney Fees