Schoen

J.—Karl Schoen, Judith Vidaver, Roanne Withers, and Ron Guenther (collectively, Schoen), residents of Mendocino County, appeal from the denial of their writ of mandate. Schoen claims the California Department of Forestry and Fire Protection (CDF) abused its discretion when it approved analyses of cumulative impacts as “minor deviations” to two timber harvest plans (THP’s). By classifying them as minor deviations, the documents were not subject to public review. Real party in interest, Louisiana-Pacific Corporation (Louisiana-Pacific), had submitted this information in light of the subsequently enacted California Code of Regulations, title 14, section 912.9 (rule 912.9).

The question before us is whether CDF abused its discretion in approving Louisiana-Pacific’s analysis of cumulative impacts as minor deviations. We conclude the new regulations imposed in 1991 substantially changed the requirements regarding cumulative impacts evaluations. Once CDF requested an update of the cumulative impacts evaluation in light of the 1991 changes, the supplemental information provided could not be characterized as a “minor deviation.” CDF therefore abused its discretion in classifying…