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PACIFIC LUMBER v. STATE WATER BD.

No. A102399

11 Cal.Rptr.3d 378 (2004)

PACIFIC LUMBER COMPANY et al., Plaintiffs and Respondents, v. CALIFORNIA STATE WATER RESOURCES CONTROL BOARD, Defendant and Appellant.

Court of Appeals of California, First District, Division 5

Review Granted June 16, 2004

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Richard M. Frank and Mary E. Hackenbracht, Assistant Attorneys General, Nicholas Stern, Deputy Attorney General, for Defendant and Appellant.

Stoel Rives, Edgar B. Washburn, Christopher J. Carr and William M. Sloan, San Francisco; Carter, Behnke, Oglesby & Bacik, John A. Behnke and Frank Shaw Bacik, Ukiah, for Plaintiffs and Respondents.

Barnum & Herman, Thomas M. Herman and William F. Barnum, Eureka, for California Forestry Association as Amicus Curiae on behalf of Plaintiffs and Respondents.

Certified for Partial Publication*

GEMELLO, J.

Does the Forest Practice Act establish an exclusive regulatory framework that precludes other agencies from enforcing the laws they are charged with administering when logging activities implicate those laws? We conclude that it does not and that it was error to issue a writ of mandate preventing the California State Water Resources...

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