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Protect Our Water v. Merced, County of

Citation: 35 ELR 20130
No. No. F044896, (Cal. App. 5th Dist., 06/21/2005)

The court vacated a lower court order denying environmental groups' motion for attorneys fees in an underlying case challenging a surface mining operation permit. In that case, the groups sought, and eventually obtained, a writ of mandamus setting aside the permit. Pursuant to California Code of Civil Procedure §1021.5, the group was the prevailing party in the underlying mandate proceeding and it satisfied all the elements entitling it to an award of fees. Thus, there is no reasonable basis for denying its fee motion.