Silveira

Anthony F. Silveira, Joseph F. Silveira, and Dolores M. Cordeiro, as individuals and partners, and the partnership of Silveira Ranches (Silveiras) filed a petition for a peremptory writ of mandate because the Las Gallinas Valley Sanitary District (LGVSD) failed to prepare an environmental impact report (EIR) when it authorized the condemnation of the property adjacent to its sanitation plant. LGVSD appeals from the judgment granting the petition, claiming the California Environmental Quality Act (CEQA) does not mandate an EIR because the project would simply create an odor buffer zone and would not alter the natural state of the condemned property. We agree with LGVSD.

The Silveiras appeal from a separate order denying them attorneys’ fees pursuant to Code of Civil Procedure section 1021.5. On the court’s own motion, we have consolidated the two appeals. Because we will reverse the judgment vacating the negative declaration and requiring an EIR, the Silveiras did not prevail under Code of Civil Procedure section 1021.5 and are not entitled to attorneys’ fees.

Background

LGVSD, a sanitary district organized pursuant to the Sanitary District Act of 1923, Health and…