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Joy Rd. Area Forest & Watershed Ass'n v. California Dep't of Forestry & Fire Protection

ELR Citation: 36 ELR 20184
Nos. No. A105421, (Cal. App. 1st Dist., 08/30/2006)

A California appellate court affirms, with modifications, a lower court's reversal of the state forestry agency's timber harvest plan for a 13-acre parcel of land in Sonoma County. Contrary to the lower court's findings, there is substantial evidence to support the state agency's ultimate finding regarding the effect of fog drip. Nevertheless, the plan fails to adequately address this issue. In addition, the state agency abuses its discretion by failing to comply with the California Environmental Quality Act's notice and recirculation requirements after adding significant new information to the plan about the northern spotted owl and by failing to follow its own regulations for protecting this endangered animal.