Environmental Protection Information Center v. Department of Forestry & Fire Protection

I. Introduction

This is an appeal by the California Department of Forestry and Fire Protection and its Board of Forestry (hereafter respectively CDF and BOF or, collectively, appellants) from a summary judgment entered against them by the lower court in a declaratory relief action brought by respondent (hereafter EPIC). The court’s order held that section 1038, subdivision (c), of title 14 of the California Code of Regulations, which purports to exempt timber operations on any parcel of land of less than three acres in size from the requirement of the preparation of a timber harvest plan (hereafter THP), was unauthorized by any provision of the Public Resources Code and hence invalid. Appellants urge that (1) EPIC lacks standing to pursue such a claim and (2) BOF was authorized to issue the challenged regulation. We disagree with both contentions and hence affirm.

II. Factual and Procedural Background

In 1973 the Legislature passed the Z’berg-Nejedley Forest Practice Act (hereafter the Act), which now comprises section 4511 et seq. of the Public Resources Code. Among many other things, the Act requires the preparation and filing of a THP by any owner of property upon…