Clinic Awarded Attorney’s Fees in Agricultural Pollution Case

Environmental Law Clinic students have been working tirelessly with client Monterey Coastkeeper to abate agricultural pollution from runoff in Salinas Valley—most recently arguing and winning a fee motion in Superior Court.

Last year, the Monterey County Superior Court required the Monterey County Water Resources Agency to comply with state statutory water quality protections.  As a result, the water agency must begin to address the severe water quality problems caused by its operation of an extensive network of agricultural wastewater drainage ditches and pumps in the northern Salinas Valley.  Specifically, the water agency must file a Waste Discharge Report with the Central Coast Regional Water Quality Control Board.

Following this substantive victory, students Elizabeth Vissers JD ’17 John Ugai JD ’17 successfully briefed and represented Coastkeeper in a hearing seeking attorney’s fees.  They argued that through its victory, Coastkeeper achieved its goal of ensuring that the county water agency complies with state water regulations.  And this victory made Coastkepper unquestionably a successful party under applicable law, who is therefore entitled to full attorney’s fees under California law.  The Court granted the motion, and the case is now set for appeal at the California Court of Appeals.

Clinic Awarded Attorney's Fees in Agricultural Pollution Case
Clinic students Elizabeth Vissers and John Ugai with Monterey Coastkeeper client, Steve Shimek