California Native Plant Society, Defenders of Wildlife, and Butte Environmental Council v. United States Environmental Protection Agency, United States Fish and Wildlife Service and United States Army Corps of Engineers
Published: Jan. 18, 2014 | Result Date: Dec. 19, 2013 | Filing Date: Jan. 1, 1900 |Case number: 4:06-cv-03604-PJH Bench Decision – $214,569
Court
USDC Northern
Attorneys
Plaintiff
Deborah Ann Sivas
(Stanford Environmental Law Clinic)
Defendant
Facts
The California Native Plant Society and others filed a civil action against the U.S. Environmental Protection Agency, based on their approval of applications for residential developments in the Sacramento Area.
Plaintiffs also moved for a preliminary injunction, which was granted. After defendants agreed to prepare an Environmental Impact Report, the parties agreed to stay litigation. Plaintiffs then moved for attorney fees.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that the residential developments would affect vernal pools, in violation of the National Environmental Protection Act. Plaintiffs asserted that defendants had failed to subject a conceptual strategy for the area to NEPA analysis, and that they had not followed proper NEPA procedures. They also claimed that defendants had violated the Endangered Species Act.
Result
The court awarded plaintiffs $214,569 in attorney fees and costs.
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