Dakin

Samuel D. Dakin appeals from a judgment of dismissal of a petition for writ of mandate, which 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 under the authority of Public Resources Code section 21167.4, for failure to request a hearing on the petition within 90 days of filing. Appellant contends that section 21167.4 is inapplicable to judicial review of Tiff’s. We disagree, but conclude our ruling should operate prospectively only. Accordingly, we reverse the judgment of dismissal.

I. Facts and Procedural Background

Appellant owns property adjacent to the site of THP 1-91-315 in Reeves Canyon in Mendocino County. The THP, submitted by real party Louisiana-Pacific Corporation (L-P), proposed the harvesting of timber on a site of roughly 800 acres. Forestry approved the THP, and appellant filed a petition for writ of mandate challenging the approval. The petition alleged that the THP was approved in violation of various provisions of the Z’berg-Nejedly Forest Practice Act of 1973 (§4511 et seq.) and the California Environmental Quality Act (CEQA)…