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Ebbetts Pass Forest Watch v. California Dep't of Forestry & Fire Protection

ELR Citation: 36 ELR 20073
Nos. No. F042896, (Cal. App. 5th Dist., 04/14/2006)

A court holds that an environmental group may proceed with its petition for writ of mandate in which it seeks to overturn the state forestry department's approval of three timber harvesting plans. The forestry department failed to follow the state's forest practice rules for reviewing the plans' chosen geographical areas in its assessment of the cumulative impacts on the California spotted owl and the Pacific fisher. It also failed to fulfill its procedural obligation in obtaining, considering, and disclosing information regarding the environmental effects of possible herbicide use after harvest. The court, therefore, reversed the lower court's dismissal of the petition.