Guardians of Elk Creek Old Growth v. Department of Forestry & Fire Protection

In mandamus proceedings alleging failure to comply with the California Environmental Quality Act (CEQA), the petitioner is required to request a hearing within 90 days of filing the petition. (Pub. Resources Code, § 21167.4, subd. (a).) In Dunn-Edwards Corp. v. Bay Area Air Quality Management Dist. (1992) 9 Cal.App.4th 644 [ 11 Cal.Rptr.2d 850 ] (Dunn-Edwards), this court held that after a change of venue, the petitioner is excused from timely requesting a hearing if the trial court fails to give the statutorily required notice that the case has been transferred. (Dunn-Edwards, supra, 9 Cal.App.4th at p. 652 .) Here, a petitioner who did receive notice the case had been transferred contends the 90-day period was tolled under Dunn-Edwards during the change of venue process. We reject that claim. A petitioner with notice that transfer of the case is complete must comply with the time limit imposed by section 21167.4.

Petitioner below, Guardians of Elk Creek Old Growth, filed a mandamus petition in Sacramento County on May 3, 1999, to challenge the approval of a timber harvest plan. Real parties in interest Redwood Empire Sawmills and Pacific States Industries, Inc., moved…