After Some Lodestar Reductions And Grant Of A Positive 1.3 Multiplier, About $857,000 Was Petitioner’s Fee Award Affirmed On Appeal.
This case involved a petitioner’s challenge in a public interest litigation to the Department of Pesticide Regulations’ need to reevaluate five rodenticides. Department alone was not involved, with real parties in interest and intervenors claiming a direct pecuniary interest in siding with the Department’s policies on these rodenticides. Eventually, the lower court agreed that there needed to be a reevaluation of the rodenticides, with the Governor eventually signing legislation placing a moratorium on their use while the reevaluation proceedings were pending. Petitioner sought CCP § 1021.5 private attorney general fees, a request which was granted after some lodestar reductions and a 1.3 positive enhancement augmentation, for a total of about $857,000 to petitioner, a joint and several award against Department, real parties in interest, and intervenors.
The fee award was affirmed in Raptors Are the Solution v. Croplife America, Case No. A171537 (1st Dist., Div. 2 Apr. 29, 2026) (published).
Although there were many challenges by the fee losing litigants (which were rejected), the primary holding in this case, adding to section 1021.5 jurisprudence, is that intervenors alleging they have a direct pecuniary interest in the case are jointly and severally liable for private attorney general fees, because they are not passive as much different policy-oriented advocacy organizations held not responsible for such fees in Connerly, 37 Cal.4th 1168.