.5 Multiplier Based On Contingency Factor Also Sustained.
In Sierra Club v. County of San Diego, Case No. D079518 (4th Dist., Div. 1 Aug. 17, 2022) (unpublished), the 4/1 DCA affirmed a $468,228.73 fees award to the Sierra Club under the private attorney general statute where a lower court vacated an EIR certification and approval for two developments, with a .5 positive multiplier being awarded. The appellate court, as we bloggers see from the news, validated that carbon-offset mitigation measures need to be considered. It also found this was not just a “tag along” to related proceedings and a positive multiplier was justified based on a contingency risk factor.
BLOG OBSERVATION—Although she was not involved in this case, we note that 4/1 DCA Justice Judith L. Haller will be retiring from this appellate division after 28 years of service. We wish her well.