Ebbetts Pass Forest Watch v. Department of Forestry & Fire Protection

California law requires timber companies to submit a timber harvesting plan (THP) prior to logging on their land to determine whether the proposed timber harvesting will have significant adverse impacts on the environment. The THP is the functional equivalent of an environmental impact report (EIR) under the California Environmental Quality Act (CEQA). (Pub. Resources Code, § 21000 et seq.)

Any assessment of potential adverse environmental impacts necessitates a determination of the scope of the area to be considered since the interconnectedness of the ecosystem results in changes to the environment far afield from the logging site itself. The appropriate scope of an assessment area to be considered in evaluating adverse impacts presents a central issue in this case.

Real party in interest Sierra Pacific Industries (Sierra Pacific) submitted six THP’s to defendant California Department of Forestry and Fire Protection (Department) for approval. Following a comment period, the Department approved all six plans. Plaintiff Ebbetts Pass Forest Watch (Ebbetts Pass) challenged the approval through a writ of mandamus. Following a court trial, the trial court denied the writ,…