Center for Biological Diversity v. California Fish and Game Commission

*131 Opinion

Last year, this court determined that Code of Civil Procedure section 1021.5 (section 1021.5) would not support an award of attorney fees for a remand to an administrative agency to reconsider a previously decided matter, when the remand was for a perceived procedural defect and resulted in no demonstrable substantive change in the agency’s position. We held that when the remand produces nothing more than an “augmented explanation” of the agency’s decision, the plaintiff there did not meet the statutory requirements of being “a successful party” which had initiated litigation that resulted in enforcement of an important public right and a significant benefit to the public. We therefore reversed an award of $138,250. (Karuk Tribe of Northern California v. California Regional Water Quality Control Bd.., North Coast Region (2010) 183 Cal.App.4th 330, 363-369 [108 CalJR.ptr.3d 40] (Karuk).)

Here, we are confronted with a situation where the administrative agency was ordered to reconsider a matter because it might possibly have applied an incorrect standard of review. The agency reconsidered the matter and reiterated its earlier decision. Notwithstanding that the…