Center for Biological Diversity v. Cal. Dept. of Forestry and Fire Protection CA1/5

Good Law
182 Cal. Rptr. 3d 1·2014 Cal. App. LEXIS 1181·232 Cal. App. 4th 931
Court of Appeal of CaliforniaDecember 2, 2014A138914California8,572 words

Opinion

Opinion

Bruiniers, J.

California’s Department of Forestry and Fire Protection (CAL FIRE) approved a “Nonindustrial Timber Management Plan” (NTMP) authorizing logging on approximately 615 privately held acres of north coast redwood and Douglas fir forest located in Mendocino County. Appellants Center for Biological Diversity, Friends of the Gualala River, and Coast Action Network (collectively Petitioners) initiated administrative mandamus proceedings (Code Civ. Proc., § 1094.5) seeking to set aside CAL FIRE’s approval of the NTMP, alleging violations of the California Environmental Quality Act (CEQA; Pub. Resources Code, § 21000 et seq.) and the California Endangered Species Act (CESA; Fish & G. Code, § 2050 et seq.). Petitioners also sought a writ of mandate (Code Civ. Proc., § 1085) and declaratory relief against California’s Department of Fish and Wildlife (DFW), alleging that DFW failed to fulfill its public trust and statutory obligations by failing to object to the NTMP. The trial court denied relief. We affirm.

I. Background

The Forest Practice Act

Timberland use in California is governed in significant part by the Z’bergNejedly Forest Practice Act of 1973 (§4511 et seq.; hereafter…

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