RECENT CALIFORNIA DECISIONS

February 2006

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First District Court Upholds Agreements Allowing Timber Harvesting in Humboldt County
Environmental Protection Information Center v. California Dept. of Forestry and Fire Protection, ___Cal. App.4th___

On December 12, 2005, the California Court of Appeal, First District, reversed and remanded a trial court’s grant of a peremptory writ of mandate challenging: (1) the approval of a “sustained yield plan” (SYP) by the California Department of Forestry and Fire Protection (CDF); (2) the issuance of an “incidental take permit” (ITP) by the Department of Fish and Game (DFG); (3) the approval of a “streambed alteration agreement” (SAA) by DFG; and (4) the findings issued by both state agencies under the California Environmental Quality Act (CEQA) concerning the Headwaters Forest Project, for timber operations of the Pacific Lumber Company, Scotia Pacific Company LLC, and Salmon Creek Corporation (collectively, PALCO) in Humboldt County.