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Environmental Protection Info. Ctr. v. California Dep't of Forestry & Fire Protection

ELR Citation: 35 ELR 20250
Nos. No. A104828, (Cal. App. 1st Dist., 12/12/2005)

A court reverses a lower court's grant of peremptory writ ordering the California Department of Forestry and Fire Protection and the California Department of Fish and Game to set aside their administrative determinations regarding the logging and use of certain land in the Headwaters Forest. The lower court's finding that the agencies failed to proceed in the manner required by law was erroneous. The court therefore remanded the case with directions to enter a judgment consistent with its opinion, denying, among other things, the environmental plaintiffs' petition in all respects except to compel the California Department of Fish and Game to strike a provision in an incidental take permit regarding the automatic authorization for the incidental take of unlisted species.