California Court of Appeal

Reversal of approval of defendant's Timber Harvest Plan 219 is affirmed except for directions to the trial court to modify its order to note that: 1) there is substantial evidence to support defendant's ultimate finding regarding the effect of fog drip but that evidence does not "cure" the defect in the THP itself which failed to adequately address this issue; and 2) defendant abused its discretion by failing to comply with CEQA's notice and recirculation requirements after adding significant new information to the THP about the Northern Spotted Owl and by failing to follow its own regulations for protecting this endangered specie.

Appellate Information

• Decided 08/30/2006
• Published 08/30/2006

Judges

• HAERLE, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Edwin W. Wilson, Sayre & Wilson, Healdsburg, CA, for Plaintiff and Appellant Joy Road Area Forest and Watershed Association., Paul V. Carroll, Menlo Park, CA, for Amicus Curiae The Sierra Club in support of Plaintiff and Appellant Joy Road Area Forest and Watershed Association.


• For Appellees:
  
• Bill Lockyer, Attorney General, Mary E. Hackenbracht, Senior Assistant Attorney General, John Davidson, Supervising Deputy Attorney General, Charles W. Getz, Deputy Attorney General, for Defendant and Appellant California Department of Forestry & Fire Protection.