Environmental Protection Information Center, Inc. v. State Board of Forestry

Good Law
1993 Cal. App. LEXIS 1143·20 Cal. App. 4th 27·24 Cal. Rptr. 2d 344·93 Daily Journal DAR 14487·93 Cal. Daily Op. Serv. 8473
Court of Appeal of CaliforniaNovember 15, 1993A059875California1,798 words

Opinion

Opinion

Peterson, J.

The Environmental Protection Information Center, Inc. (EPIC) appeals from an order dismissing its purported “supplemental petition” for writ of mandate challenging the reapproval of a timber harvest plan (THP). EPIC objects to the dismissal on two procedural grounds. We find no merit to EPIC’s contentions. In affirming the order of dismissal, we hold that, after an alternative writ of mandate is fully complied with by the respondent, the issuing court retains no continuing jurisdiction in such proceedings over the subject matter of the writ petition.

I. Procedural Background and Facts

A. The Alternative Writ of Mandate

Real party in interest Pacific Lumber Company (P-L) submitted THP 1-90-237 HUM to respondent California Department of Forestry and Fire Protection (Forestry) on April 11, 1990. The THP proposed the logging of 154 acres of old-growth redwood and Douglas fir on a 237-acre site near Eureka. Forestry did not accept the THP for filing because it did not contain sufficient surveys of wildlife species potentially affected by the logging. The THP was resubmitted October 15, 1990.

Forestry disapproved the THP on January 30, 1991, on the ground that the plan did…

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