Friends of Old Trees v. Department of Forestry & Fire Protection

I concur with the majority on several important issues. I agree that a court reviewing a decision by the California Department of Forestry and Fire Protection (the Department) to approve a timber harvest plan (THP) must do so by administrative mandamus (Code Civ. Proc., § 1094.5), and that the trial court here erred both because it treated the matter as one under traditional mandamus (Code Civ. Proc., § 1085), and because it considered evidence outside the administrative record. I also agree that a timber harvester who has submitted a modified THP pursuant to California Code of Regulations, title 14, 1 section 1051 must complete the appropriate portion of Technical Rule Addendum No. 2 (Regs., § 912.9) (Rule 2) whenever there is substantial evidence in the record to support a fair argument that significant individual or cumulative impacts will

*1406 result from the proposed timber operations. However, I respectfully dissent from the majority’s application of that test. There was absolutely no credible evidence in the administrative record to support the conclusion that this timber harvest would cause any significant individual or cumulative impact. Thus, no analysis of those…

Zumbrun & Findley, Ronald A. Zumbrun and John H. Findley for Real Parties in Interest and Appellants.

Paul V. Carroll for Plaintiff and Respondent.

OPINION

CHAMPLIN, J. [*]

By petition for writ of mandate, respondent Friends of the Old Trees (Friends) challenged the approval by appellant California Department of Forestry and Fire Protection (the Department) of a modified timber harvest plan (THP) prepared and submitted by real party in interest Bruce L. Van Alstyne (Van Alstyne). The trial court granted the writ, concluding the Department's approval of the plan required a cumulative impacts analysis and a discussion of alternatives to the project. The Department and Van Alstyne both appeal from this ruling. [1] Although we have followed a different analytical path, we agree with the trial court that by approving the plan without the necessary information regarding cumulative impacts and project alternatives, the Department abused its discretion.

In reaching this conclusion, we announce several holdings important to judicial review of modified THP's filed pursuant to California Code of Regulations, title 14, [2] sections 1051 and 1051.1. (1) Judicial review of the Department's…

By petition for writ of mandate, respondent Friends of the Old Trees (Friends) challenged the approval by appellant California Department of Forestry and Fire Protection (the Department) of a modified timber harvest plan (THP) prepared and submitted by real party in interest Bruce L. Van Alstyne (Van Alstyne). The trial court granted the writ, concluding the Department’s approval of the plan required a cumulative impacts analysis and a discussion of alternatives to the project. The Department and Van Alstyne both appeal from this ruling. 1 Although we have followed a different analytical path, we agree with the trial court that by approving the plan without the necessary information regarding cumulative impacts and project alternatives, the Department abused its discretion.

In reaching this conclusion, we announce several holdings important to judicial review of modified THP’s filed pursuant to California Code of Regulations, title 14, 2 sections 1051 and 1051.1. (1) Judicial review of the Department’s approval of a modified THP should proceed by administrative mandamus (Code Civ. Proc., § 1094.5), and the review should ordinarily be confined to the administrative…