The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant impact on the environment or to adopt a negative declaration if it finds that the project will not have that impact. CEQA establishes procedures by which certain parties may file an action or proceeding challenging the lead agency’s action on the ground of noncompliance with CEQA.
Existing law authorizes the court, upon the motion of a party, to award attorney’s fees to a prevailing party in an action that has resulted in the enforcement of an important right affecting the public interest if 3 specified conditions are met.
This bill would, for a prevailing party that is a plaintiff or petitioner in an action or proceeding under CEQA, limit the awarding of attorney’s fees to certain entities.