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EBBETTS PASS v. DEPARTMENT OF FORESTRY

Nos. C043687, C043825.

20 Cal.Rptr.3d 808 (2004)

123 Cal.App.4th 1331

EBBETTS PASS FOREST WATCH, Plaintiff and Appellant, v. DEPARTMENT OF FORESTRY AND FIRE PROTECTION et al., Defendants and Respondents; Sierra Pacific Industries, Real Party in Interest and Respondent. Ebbetts Pass Forest Watch, Plaintiff and Appellant, v. Department of Forestry and Fire Protection et al., Defendants and Respondents; Sierra Pacific Industries, Real Party in Interest and Respondent.

Court of Appeals of California, Third District.

Rehearing Denied December 7, 2004.

Review Denied February 23, 2005.

Attorney(s) appearing for the Case

Law Offices of Thomas N. Lippe, Thomas N. Lippe, San Francisco, and Michael W. Graf for Plaintiff and Appellant.

Bill Lockyer, Attorney General, Mary E. Hackenbracht, Senior Assistant Attorney General, Charles W. Getz, Deputy Attorney General, for Defendants and Respondents.

Jay-Allen Eisen Law Corporation, Jay-Allen Eisen, C. Athena Roussos, Sacramento; Dun & Martinek, David H. Dun and David E. Martinek, Eureka, for Real Party in Interest and Respondent.

RAYE, J.

California law requires timber companies to submit a timber harvesting plan (THP) prior to logging on their land to determine whether the proposed timber harvesting will have significant adverse impacts on the environment. The THP is the functional equivalent of an environmental impact report (EIR) under the California Environmental Quality Act (CEQA). (Pub. Resources Code, § 21000 et seq.)

Any assessment of potential adverse environmental impacts...

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