County of Santa Cruz v. State Bd. of Forestry

This appeal considers a challenge by appellant County of Santa Cruz (the County) to a regulation issued by respondent California State Board of Forestry (the Board) pursuant to the Z'berg-Nejedly Forest Practice Act of 1973 (Forest Practice Act; Pub. Resources Code, § 4511 et seq. [1] ). The challenged regulation, which is found at section 1052.1 of title 14 of the California Code of Regulations [2] (Rule 1052.1), allows a timber owner or operator to file a declaration of emergency with respondent California Department of Forestry and Fire Protection (the Department) in the case of a "financial emergency" which, in effect, allows the immediate commencement of timber operations without the preparation of a timber harvesting plan (THP). The County seeks a judicial declaration that the Board exceeded the scope of its statutory mandate in promulgating Rule 1052.1 because it conflicts with its enabling statute, section 4592, and because it subverts the environmental objectives of the Forest Practice Act and the California Environmental Quality Act (CEQA; § 21000 et seq.).

After considering each of the County's arguments, we can find nothing which divests the…