Ebbetts Pass Forest Watch v. CA Dept. Forestry 4/14/06 CA5

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: F042896

Case Date: 07/20/2006

Preview:Filed 4/14/06

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT
EBBETTS PASS FOREST WATCH et al., F042896 Plaintiffs and Appellants, (Super. Ct. No. CV48910) v. CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION,

OPINION
Defendant and Respondent; SIERRA PACIFIC INDUSTRIES, Real Party in Interest and Respondent.

APPEAL from a judgment of the Superior Court of Tuolumne County. William G. Polley, Judge. Law Offices of Thomas N. Lippe, Thomas N. Lippe and Michael W. Graf for Plaintiffs and Appellants. Bill Lockyer, Attorney General, Mary E. Hackenbracht, Assistant Attorney General, and Charles W. Getz IV, Deputy Attorney General, for Defendant and Respondent.

Jay-Allen Eisen Law Corporation, Jay-Allen Eisen, C. Athena Roussos; Dun & Martinek, David H. Dun and David E. Martinek for Real Party in Interest and Respondent. -ooOooPlaintiffs appeal the denial of their petition for a writ of mandate, by which they sought to overturn the California Department of Forestry and Fire Protection's (CDF) approval of three timber harvesting plans (THP) covering timberland in Tuolumne County. The issues raised by plaintiffs on appeal include (1) whether CDF failed to follow provisions of California's Forest Practice Rules1 when reviewing the geographical areas chosen in the three THP's for assessing cumulative impacts on the California spotted owl and the Pacific fisher, and (2) whether CDF proceeded in a manner required by law with respect to obtaining, considering, and disclosing information regarding the environmental effects of possible herbicide use after harvest. Based on the rulings summarized below, we will reverse and direct CDF to rescind approval of the THP's. SUMMARY Assessment Areas. The regulatory provision that "[b]iological assessment areas will vary with the species being evaluated and its habitat" (Cal. Code Regs., tit. 14,

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