City of Duarte v. State Water Resources Control Bd. CA4/3

INTRODUCTION

A regional water board issued a permit requiring municipal entities within the region to reduce pollutants in their sewer systems. The state water board upheld this permit. Two of the municipal entities affected by the permit, the City of Duarte (Duarte) and the City of Gardena (Gardena), separately challenged the permit. After a bench trial, the court entered judgment in favor of Duarte and Gardena and issued separate writs of mandate requiring the water boards to delete certain terms from the permit and to reconsider it. The trial court then awarded to Duarte, Gardena, and certain other cities that had participated in the litigation their attorney fees pursuant to Code of Civil Procedure section 1021.5 (section 1021.5). The water boards filed separate notices of appeal from the judgments and the postjudgment orders awarding fees. On the appeal from the judgment, this court reversed the judgment and directed the trial court to deny the petition for writ of mandate. (City of Duarte v. State 1 Water Resources Control Bd. (2021) 60 Cal.App.5th 258 (Duarte).) The California Supreme Court denied a petition for review and a request for depublication of the opinion. The…