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EAST BAY MUN. UTIL. v. DEPT. OF FORESTRY & FIRE

Docket No. A064890.

43 Cal.App.4th 1113 (1996)

51 Cal. Rptr.2d 299

EAST BAY MUNICIPAL UTILITY DISTRICT, Plaintiff and Appellant, v. DEPARTMENT OF FORESTRY AND FIRE PROTECTION, Defendant and Respondent; GEORGIA PACIFIC CORPORATION, Intervener and Respondent.

Court of Appeals of California, First District, Division Four.

February 28, 1996.

Attorney(s) appearing for the Case

COUNSEL

Thomas N. Lippe, Alice G. Vilardi and Fred S. Etheridge for Plaintiff and Appellant.

Daniel E. Lungren, Attorney General, Roderick E. Walston, Chief Assistant Attorney General, Charles W. Getz IV, Acting Assistant Attorney General, and M. Anne Jennings, Deputy Attorney General, for Defendant and Respondent.

Sheppard, Mullin, Richter & Hampton, Joseph A. Darrell and M. Elizabeth McDaniel for Intervener and Respondent.

OPINION

ANDERSON, P.J.

In this case we examine what evidence may be considered in a declaratory relief action which seeks to challenge the legality under the California Environmental Quality Act (CEQA) of a policy or practice employed by an administrative agency. The case, which arises from timber harvest plans approved under the Z'berg-Negedly Forest Practice Act of 1973 (Pub. Resources...

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