Board
Redwood Coast Watersheds Alliance v. State Board of Forestry & Fire Protection
Opinion
Opinion
Lambden, J.
J.The State Board of Forestry and Fire Protection (Board) and Department of Forestry and Fire Protection (Department) (collectively, appellants) contend that the trial court abused its discretion in granting declaratory relief pursuant to Code of Civil Procedure section 1060. They argue that the issue of the Board’s duty to adopt and enforce regulations was moot. Additionally, they contend the controversy was neither ripe nor justiciable. We uphold the trial court’s ruling.
Background
California regulates the harvesting of timber on private lands through the Z’berg-Nejedly Forest Practice Act of 1973 (FPA) (Pub. Resources Code, § 4511 et seq.) and forest practice rules (Cal. Code Regs., tit. 14, § 895 et seq.). (All further unspecified code sections refer to the Public Resources Code.)
The legislative intent in enacting the FPA is set forth in section 4513: “It is the intent of the Legislature to create and maintain an effective and comprehensive system of regulation and use of all timberlands so as to assure that: [IQ (a) Where feasible, the productivity of timberlands is restored, enhanced, and maintained. [*0 (b) The goal of maximum sustained production of…