PACIFIC LUMBER v. WATER RES. CONTROL BD.

No. S124464.

38 Cal.Rptr.3d 220 (2006)

37 Cal.4th 921

126 P.3d 1040

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

Supreme Court of California.

January 30, 2006.


Attorney(s) appearing for the Case

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

Law Offices of Sharon E. Duggan and Sharon E. Duggan, San Francisco, for Environmental Protection Information Center as Amicus Curiae on behalf of Defendant and Appellant.

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

Neil E. Fischer, Beverly Hills; Barnum & Herman, Thomas M. Herman and William F. Barnum, Eureka, for California Forestry Association as Amicus Curiae on behalf of Plaintiffs and Respondents.


MORENO, J.

This case addresses whether the Z'berg-Nejedly Forest Practice Act of 1973 (Pub. Res.Code, § 4511 et seq.) and its implementing regulations provide the exclusive mechanism through which the Regional Water Quality Control Boards and the State Water Resources Control Board (collectively, Water Boards) may address water quality concerns implicated by logging operations associated with a timber harvest plan.

The present dispute arose following...

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