California Court of Appeal

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Katzeff v. California Dep't of Forestry & Fire Prot., A122642

In plaintiff's suit alleging violations of the California Environmental Quality Act (CEQA), trial court's judgment that the California Department of Forestry and Fire Protection (CDF) properly granted the exemption allowing harvesting of less than three acres of timber without environmental review is reversed as, where a public agency has adopted a mitigation measure for a project, it may not authorize destruction or cancellation of the mitigation - whether or not the approval is ministerial - without reviewing the continuing need for mitigation, stating a reason for its actions, and supporting it with substantial evidence.

Appellate Information

  • Decided 01/28/2010
  • Published 01/28/2010

Judges

  • RIVERA, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Attorney for Appellant:  Paul V. Carroll, Attorney for Real Party in Interest:

  • For Appellees:
  • Attorney for Respondent:  Edmund G. Brown, Jr. Attorney General Mary E. Hackenbracht Senior Assistant Attorney General Anita E. Ruud Deputy Attorney General