ENVIRONMENTAL PROTECTION & INFORMATION CENTER v. CALIFORNIA DEPT. OF FORESTRY & FIRE PROTECTION

No. S140547.

44 Cal.4th 459 (2008)

ENVIRONMENTAL PROTECTION AND INFORMATION CENTER et al., Plaintiffs and Respondents, v. CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION et al., Defendants and Respondents; PACIFIC LUMBER COMPANY et al., Real Parties in Interest and Appellants. UNITED STEELWORKERS OF AMERICA, Plaintiff and Respondent, v. CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION et al., Defendants and Respondents; PACIFIC LUMBER COMPANY et al., Real Parties in Interest and Respondents. UNITED STEELWORKERS OF AMERICA, Plaintiff and Respondent, v. CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION et al., Defendants and Appellants; PACIFIC LUMBER COMPANY et al., Real Parties in Interest and Respondents. ENVIRONMENTAL PROTECTION INFORMATION CENTER et al., Plaintiffs and Respondents, v. CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION et al., Defendants and Appellants; PACIFIC LUMBER COMPANY et al., Real Parties in Interest and Respondents.

Supreme Court of California.

July 17, 2008.


Attorney(s) appearing for the Case

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Manuel M. Medeiros, State Solicitor General, Tom Greene, Chief Assistant Attorney General, Mary E. Hackenbracht, Assistant Attorney General, John Davidson and William N. Jenkins, Deputy Attorneys General, for Defendants and Appellants and for Defendants and Respondents.

Jennifer B. Henning for California State Association of Counties and League of California Cities as Amici Curiae on behalf of Defendants and Appellants and Defendants and Respondents.

Nossaman, Guthner, Knox & Elliott, Robert D. Thornton and Paul S. Weiland for California Building Industry Association, Building Industry Legal Defense Foundation, California Business Properties Association, Imperial Irrigation District, Kern Water Bank Authority and Consulting Engineers and Land Surveyors of California as Amici Curiae on behalf of Defendants and Appellants, Defendants and Respondents, Real Parties in Interest and Appellants and Real Parties in Interest and Respondents.

Law Offices of Sharon E. Duggan, Sharon E. Duggan; Law Offices of Brian Gaffney and Brian Gaffney for Plaintiffs and Respondents Environmental Protection Information Center et al.

Paul Whitehead; Altshuler, Berzon, Nussbaum, Rubin & Demain, Fred H. Altshuler, Jonathan Weissglass, Rebekah B. Evenson and Peder H. Thoreen for Plaintiff and Respondent United Steelworkers of America.

Carter, Behnke, Oglesby & Bacik, Carter, Oglesby, Momsen & Bacik, Frank Shaw Bacik; Stoel Rives, Andrew F. Brimmer; Morrison & Foerster, Edgar B. Washburn, Christopher J. Carr, William M. Sloan and Shaye Diveley for Real Parties in Interest and Appellants and for Real Parties in Interest and Respondents.

Robin L. Rivett, Damien M. Schiff and Scott A. Sommerdorf for Pacific Legal Foundation as Amicus Curiae on behalf of Real Parties in Interest and Appellants and Real Parties in Interest and Respondents.

Michele Dias for California Forestry Association as Amicus Curiae on behalf of Real Parties in Interest and Appellants and for Real Parties in Interest and Respondents.


OPINION

MORENO, J.

This case arises from the "Headwaters Agreement" consummated by the Pacific Lumber Company and the state and federal governments. The agreement was intended to settle matters of litigation and public controversy surrounding the intensive logging of old growth redwoods and other trees on Pacific Lumber's property in Humboldt County. In addition to the state and federal governments' purchase of a relatively small portion of...

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