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KATZEFF v. DEPARTMENT OF FORESTRY & FIRE PROTECTION

No. A122642.

181 Cal.App.4th 601 (2010)

PAUL KATZEFF, Plaintiff and Appellant, v. DEPARTMENT OF FORESTRY AND FIRE PROTECTION et al., Defendants and Respondents. GREGG KULJIAN and ED POWERS, Real Parties in Interest.

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

CERTIFIED FOR PARTIAL PUBLICATION

Attorney(s) appearing for the Case

Paul V. Carroll for Plaintiff and Appellant.

Edmund G. Brown, Jr., Attorney General, Mary E. Hackenbracht, Assistant Attorney General, and Anita E. Ruud, Deputy Attorney General, for Defendants and Respondents.

Ryan F. Perkins for Real Party in Interest Gregg Kuljian.

Carter & Momsen, Jared G. Carter, Brian C. Carter and Daniela M. Pavone for Real Party in Interest Ed Powers.

OPINION

RIVERA, J.—

In this case, we are called upon to decide whether California's Department of Forestry and Fire Protection (CDF) properly granted an exemption allowing the harvesting of less than three acres of timber without environmental review, when one of the mitigation measures to two prior timber harvesting plans for the same property was that the trees in question remain...

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