Sierra Club v. California Department of Forestry & Fire Protection

Plaintiffs Sierra Club and Friends of the Gualala River appeal from an order of the trial court denying their petition for writ of mandate. Plaintiffs’ petition challenged a decision of defendant California Department of Forestry and Fire Protection (CDF) to issue a timber conversion permit (TCP) for a site of timberland owned by respondents and real parties in interest Phil Campbell et al. (real parties), who sought the TCP so they could convert the timberland to a vineyard. CDF issued the TCP after adopting a mitigated negative declaration that concluded that the timberland conversion project would not have a significant impact on the environment, and thus did not require the preparation of an environmental impact report (EIR).

Plaintiffs contend there is substantial evidence to support a fair argument that the timberland conversion project may have a. significant effect on the environment, thus requiring the preparation of an EIR. We agree and reverse.

I. FACTS

Real parties, Phil Campbell, June Campbell, Rex Campbell, Steve Campbell, and Karen Hay, own 88 acres of timberland on a ridgetop near the town of Annapolis in Sonoma County. The timberland is located within…