Californians for Native Salmon & Steelhead Ass'n v. Department of Forestry

This case raises the issue of whether an action for declaratory relief may lie against an administrative agency when it is alleged that the agency has a policy of ignoring or violating applicable laws and regulations, but when no specific agency decision is attacked. Californians for Native Salmon and Steelhead Association, an unincorporated association, Environmental Protection and Information Center, a nonprofit corporation, and Fred “Coyote” Downey, a Native American of the Wailaki People, appeal from a judgment of dismissal entered upon an order sustaining the demurrer of respondents California Department of Forestry et al., to their complaint for declaratory relief. The trial court concluded that declaratory relief was inappropriate because there was no justiciable controversy between appellants and respondents. We disagree and reverse.

Facts and Procedural Background

This is essentially a civil procedure case but must be viewed against the backdrop of forestry law. Under the Z’berg-Nejedly Forest Practice Act of 1973 and its implementing regulations, known as the Forestry Rules (Pub. Resources Code, §4511 et seq.; Cal. Code Regs., tit. 14, § 895 et seq.), “a…