Environmental Protection Information Center v. California Department of Forestry & Fire Protection

This case arises from the “Headwaters Agreement” consummated by the Pacific Lumber Company and the state and federal governments. The agreement was intended to settle matters of litigation and public controversy surrounding the intensive logging of old growth redwoods and other trees on Pacific Lumber’s property in Humboldt County. In addition to the state and federal governments’ purchase of a relatively small portion of Pacific Lumber’s property for conservation purposes, it was agreed that Pacific Lumber could log the rest of its property, provided that it obtain certain regulatory approvals from state and federal agencies. The deadline for obtaining these approvals was March 1, 1999. The approvals were timely obtained, in some cases right at the March 1 deadline. Shortly thereafter, various environmental and labor groups challenged the validity of the regulatory approvals on numerous grounds. The trial court resolved the issues mostly in favor of the environmental and labor groups in 2003, and the Court of Appeal, at the end of 2005, reversed the trial court on almost every point and upheld each of the regulatory approvals at issue. We granted review in February 2006…