EBBETTS PASS FOREST WATCH v. CALIFORNIA DEPT. OF FORESTRY & FIRE PROTECTION

No. S143689.

43 Cal.4th 936 (2008)

EBBETTS PASS FOREST WATCH et al., Plaintiffs and Appellants, v. CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION, Defendant and Respondent; SIERRA PACIFIC INDUSTRIES, Real Party in Interest and Respondent.

Supreme Court of California.

May 22, 2008.


Attorney(s) appearing for the Case

Michael W. Graf; Law Offices of Thomas N. Lippe and Thomas N. Lippe for Plaintiffs and Appellants.

MacKenzie & Albritton and James A. Heard for Sierra Club and Sierra Nevada Forest Protection Campaign as Amici Curiae on behalf of Plaintiffs and Appellants.

Law Offices of J. William Yeates, J. William Yeates, Keith G. Wagner and Jason R. Flanders for California Native Plant Society as Amicus Curiae on behalf of Plantiffs and Appellants.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Tom Greene, Chief Assistant Attorney General, Mary E. Hackenbracht, Assistant Attorney General, Charles W. Getz IV, Gordon Burns and William Jenkins, Deputy Attorneys General, for Defendant and Respondent.

Morrison & Foerster, Edgar B. Washburn, Christopher J. Carr, Shona L. Armstrong, William M. Sloan; Jay-Allen Eisen Law Corporation, Jay-Allen Eisen, C. Athena Roussos; Dun & Martinek, David H. Dun and David E. Martinek for Real Party in Interest and Respondent.

Meriem L. Hubbard and Damien M. Schiff for Pacific Legal Foundation as Amicus Curiae on behalf of Real Party in Interest and Respondent.

Michele Dias for California Forestry Association as Amicus Curiae on behalf of Real Party in Interest and Respondent.


OPINION

WERDEGAR, J.

Real party in interest Sierra Pacific Industries (Sierra Pacific) submitted, and defendant California Department of Forestry and Fire Protection (CDF) approved, three timber harvest plans for the logging of trees on private land in the Sierra Nevada mountains. Two conservation groups, Ebbetts Pass Forest Watch and the Central Sierra Environmental Resource Center (plaintiffs), sought a writ of mandate to overturn the approvals...

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