Karuk Tribe of Northern California v. California Regional Water Quality Control Bd., North Coast Region

In Karuk Tribe of Northern California v. California Regional Water Quality Control Bd., North Coast Region (2010) 183 Cal.App.4th 330, the petitioners sought a writ of mandate to compel a regional water quality control board to apply state law with regard to hydroelectric dams operating under a federal license. On its own initiative, the trial court remanded the matter back to the board to provide " 'a more complete' " explanation of its decision rejecting the petitioners' request. Subsequently, the trial court agreed with the board that they were without authority to enforce the state's law. (Id. at pp. 334-335.) Despite the defeat, the trial court awarded attorney fees under section 1021.5 to the petitioners finding that the "litigation had resulted in the 'important public benefit' of the Board making 'a thoughtful and well-reasoned determination' concerning its lack of authority to enforce state law." (Karuk Tribe, supra, 183 Cal.App.4th at pp. 334-335.) The appellate court reversed the attorney fee order. The petitioners did not qualify as successful parties because they did not achieve their strategic objective. Nor did the action result in the enforcement of an important right affecting the public interest or confer a significant benefit on the general public or a large class of persons. As a result of the litigation, the board merely augmented the reasoning behind its decision that it was without authority to grant the petitioners' request that it enforce state law. As a matter of law, the court concluded, it was not worth $ 138,250 to have a state agency polish up the reasoning supporting a decision that was already more than legally sufficient. (Karuk Tribe, supra, 183 Cal.App.4th at p. 335.)