Center for Biological Diversity v. Cal. Dept. of Forestry etc.

I. BACKGROUND

The Forest Practice Act Timberland use in California is governed in significant part by the Z’berg-Nejedly Forest Practice Act of 1973 (§ 4511 et seq.; hereafter Forest Practice Act) and the Forest Practice Rules promulgated by the State Board of Forestry (Cal. Code Regs., tit. 14, § 895 et seq.).3 The purpose of the Forest Practice Act is to regulate the use of timberlands to ensure their productivity while also “giving consideration to values relating to sequestration of carbon dioxide, recreation, watershed, wildlife, range and forage, fisheries, regional economic vitality, employment, and aesthetic enjoyment.” (§ 4513; see also § 4514, subd. (c).) These purposes are accomplished in part by management of nonindustrial timberlands. (§§ 4593–4594.7.) An NTMP, as provided in the Forest Practice Act, is a long-term plan for sustained yield timber production which may be utilized by owners of less than 2500 acres of timberland who are not primarily engaged in the manufacture of forest products. (§ 4593.2.) The plan must be prepared by a registered professional forester (forester).4 (§ 4593.3; FP Rules, rule 895.1.) “[CAL FIRE] is the public agency initially…