Albion River Watershed Protection Ass'n v. Department of Forestry & Fire Protection

Albion River Watershed Protection Association and Friends of Salmon Creek (Albion) appeal from a judgment dismissing their petition for writ of mandate. The petition had challenged the approval of a timber harvest plan (THP) by respondent California Department of Forestry and Fire Protection (Forestry). The trial court dismissed the petition, ruling Albion had failed to request a hearing within 90 days of filing as required by Public Resources Code section 21167.4 (section 21167.4). Albion now contends that section 21167.4 is inapplicable to judicial review of THP’s. We will reject this argument under the authority of our recent decision in Dakin v. Department of Forestry & Fire Protection (1993) 17 Cal.App.4th 681 [ 21 Cal.Rptr.2d 490 ]. However, as in that case, we will reverse the judgment of dismissal because the Dakin rule operates prospectively.

We will also reverse an order imposing sanctions against Albion. While sanctions may ultimately be appropriate, we deem it necessary to remand this case so the trial court can consider the issue further.

I. Factual and Procedural Background

II. Discussion

A. Applicability of Section 21167.4*

B. Sanctions

The trial…