The First District Court of Appeal has upheld Calfire's Nonindustrial Timber Management Plan to permit logging of a 17-acre parcel of land in Mendocino County. The First District also rejected the Center for Biological Diversity's claim that the California Department of Fish & Wildlife can be sued under the California Environmental Quality Act over its role in the approval of the NMTP. >>read more
The shelf life of mitigation measures may readily outlast the lives of the projects to which the mitigations are attached, according to the Court of Appeal for the First Appellate District.
While the fact pattern in the case at hand was specific to timber harvesting and the conversion of property, the court's holding has application in the broader world of all California Environmental Quality Act (CEQA) reviews.
The opponent of a proposed Mendocino County inn should have named the Coastal Commission in her lawsuit because the Commission, not the county Board of Supervisors, made the final decision on the project, the First District Court of Appeal has ruled.