Katzeff

-In this case, we are called upon to decide whether California’s Department of Forestry and Fire Protection (CDF) properly granted an exemption allowing the harvesting of less than three acres of timber without environmental review, when one of the mitigation measures to two prior timber harvesting plans for the same property was that the trees in question remain in place to protect a neighboring property from excessive wind. The trial court decided CDF properly granted the exemption, and entered judgment on the pleadings in plaintiff Paul Katzeff’s action for violations of the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.), violations of the Z’berg-Nejedly Forest Practice Act of 1973 (§4511 et seq.) (the FPA), and nuisance. We reverse.

I. BACKGROUND

This action was brought against CDF, Gregg Kuljian, and Ed Powers (collectively respondents) in April 2008, seeking to set aside CDF’s approval of an exemption allowing the conversion of less than three acres of timber on Kuljian’s property. According to the first amended complaint and petition for writ of mandate (the complaint), plaintiff and Kuljian own adjoining parcels of property.…