Stanford Law School - Robert Crown Law Library

Filed 7/30/08

IN THE SUPREME COURT OF CALIFORNIA

EBBETTS PASS FOREST WATCH et al., )

Plaintiffs
and
Appellants,
S143689
v.
) Ct.App.
5
F042896
CALIFORNIA DEPARTMENT OF
FORESTRY AND FIRE PROTECTION,
Tuolumne
County
Defendant and Respondent;
Super. Ct. No. CV48910
SIERRA PACIFIC INDUSTRIES,
Real Party in Interest
and
Respondent. )

MODIFICATION OF OPINION
THE COURT:
The opinion herein, appearing at 43 Cal.4th 936, is modified as follows:
The following sentence is added to the end of the paragraph spanning pages
957-958:
“To the extent the recirculation standard of Public Resources Code section
21092.1 applies, CDF’s identification of past use data in its responses to public
comments do not comprise significant new information as to require an additional
public comment period.”
This modification does not affect the judgment.

---

Petition for review after the Court of Appeal reversed the judgment in an action for writ of administrative mandate. This case presents the following issue: Did the Department of Forestry and Fire Protection properly interpret and apply the Z'berg-Nejedly Forest Practice Act of 1973 (Pub. Resources Code, section 4511 et seq.) and the Forest Practice Rules (Cal. Code Regs., tit. 14, section 895 et seq.) in reviewing three timber harvesting plans in Tuolumne County?

Opinion Information

Date:	Citation:	Docket Number:	Category:	Status:
Wed, 07/30/2008	43 Cal.4th 936 original opinion 44 Cal.4th 589a modification	S143689M	Review - Civil Appeal	closed; remittitur issued

Disposition
May 22 2008	Opinion: Reversed

Dockets
May 24 2006	Petition for review filed   Sierra Pacific Industries, Real Party in Interest, Edgar B. Washburn, counsel
May 24 2006	2nd petition for review filed   California Dept of Forestry and Fire Protection, Defendant and Respondent, Charles W. Getz, Deputy Attorney General
May 24 2006	Request for judicial notice received (pre-grant)   Sierra Pacific Industries, Real Party in Interest, Edgar B. Washburn, counsel
May 24 2006	Request for judicial notice received (pre-grant)   California Dept of Forestry and Fire Protection, Defendant and Respondent, Charles W. Getz, Deputy Attorney General
May 25 2006	Record requested   via email
May 30 2006	Received Court of Appeal record   five doghouse
Jun 2 2006	Request for depublication (petition for review pending)   Sierra Pacific Industries, Real party in interest by Edgar B. Washburn, counsel
Jun 5 2006	Change of contact information filed for:   Attorney Michael Graf for Appellant- to El Cerrito.
Jun 12 2006	Opposition filed   to request for depublication filed by Sierra Pacific Industries. Ebbetts Pass Forest Watch et al., Appellants by Thomas N. Lippe, counsel
Jun 14 2006	Answer to petition for review filed   Appellant, Ebbetts Pass Forest Watch, to both petitions by counsel, Thomas N. Lippe.
Jun 14 2006	Received:   opposition of Appellant, Ebbetts Pass Forest Watch, to RPI, Sierra Pacific Industries' request for judicial notice. by counsel, Thomas N. Lippe.
Jun 22 2006	Reply to answer to petition filed   Sierra Pacific Industries, real part in interest by Edgar B. Washburn, counsel
Jul 19 2006	Petition for review granted (civil case)   Votes: George, C.J., Kennard, Baxter, Werdegar, Chin, Moreno, and Corrigan, JJ.
Jul 28 2006	Request for extension of time filed   to September 22, 2006 to file respondent (California Department of Forestry and Fire Protection) opening brief on the merits. by William Jenkins, counsel
Jul 28 2006	Request for extension of time filed   to September 22, 2006 to file Real Party in Interest and Respsondent's opening brief on the merits by Edgar B. Washburn
Aug 1 2006	Extension of time granted   to September 22, 2006 to file respondent's (California Department of Forestry and Fire Protection) opening brief on the merits.
Aug 1 2006	Extension of time granted   to September 22, 2006 to file real party in interest and respondent (Sierra Pacific Industries) opening brief on the merits.
Aug 2 2006	Certification of interested entities or persons filed   Attorney EdgarB. Washburn for Sierra Pacific Industries.
Sep 14 2006	Request for extension of time filed   to October 13, 2006 to file (California Department of Foresty and Fire Protection) respondent's opening brief on the merits by William Jenkins
Sep 18 2006	Request for extension of time filed   Respondent, Sierra Pacific Industries. Asking to Oct. 13, 2006 to file their opening brief on the merits.
Sep 20 2006	Extension of time granted   to Oct. 13, 2006, for respondent , Sierra Pacific Industries, to file their opening brief on the merits.
Sep 20 2006	Extension of time granted   to Oct. 13, 2006 for respondent, California Dept. of Forestry and Fire Protection, to file their opening brief on the merits.
Oct 12 2006	Opening brief on the merits filed   Respondent and Real Party in Interest, Sierra Pacific Industries by counsel, Edgar B. Washburn.
Oct 13 2006	Opening brief on the merits filed   Department of Forestry and Fire Protection, respondent by William Jenkins, counsel
Oct 31 2006	Request for extension of time filed   to December 13, 2006 to file appellants answer brief on the merits by Thomas Lippe, counsel
Nov 3 2006	Extension of time granted   to December 13, 2006 to file appellants answer brief on the merits.
Dec 14 2006	Application filed to:   file combined answer brief on the merits in excess of word limit. Appellant, Ebbetts Pass Forest Watch, et. al., by counsel, Thomas N. Lippe.
Dec 14 2006	Answer brief on the merits filed   Appellant, Ebbetts Pass Forest Watch, et all, by counsel, Thomas N. Lippe
Dec 18 2006	Request for extension of time filed   to February 1, 2007 to file Real Party in Interest and Respondent (Sierra Pacific Industries) reply brief on the merits.
Dec 18 2006	Request for extension of time filed   Respondent, Dept. of Forestry and Fire Protection. Asking to Feb. 1, 2007,to file the Reply Brief on the Merits by Deputy Attorney General, William Jenkins.
Dec 21 2006	Extension of time granted   to February 1, 2007 to file respondent California Dept of Forestry and fire Protection reply brief on the merits.
Dec 21 2006	Extension of time granted   to February 1, 2007 to file Real Party in Interest and Respondents reply brief on the merits.
Jan 8 2007	Filed:   Errata of Appellant, Ebbets Pass Forest Watch, Combined Answer Brief on the merits by counsel, Thmoas N. Lippe.
Feb 1 2007	Reply brief filed (case not yet fully briefed)   Respondent, Department of Forestry and Fire Protection by Deputy Attorney General, William Jenkins.
Feb 1 2007	Reply brief filed (case fully briefed)   Real Party in Interest, Sierra Pacific Industries by counsel, Edgar B. Washburn.
Feb 26 2007	Received application to file Amicus Curiae Brief   Pacific Legal Foundation in support of RPI ( Sierra Pacific Industries) by counsel, Damien M. Schiff.
Mar 1 2007	Permission to file amicus curiae brief granted   The application of Pacific Legal Foundation for permission to file an amicus curiae brief in support of real party in interest (Sierra Pacific Industries) is hereby granted. An answer thereto may be served and filed by any party within twenty days of the filing of the brief.
Mar 1 2007	Amicus curiae brief filed   Pacific Legal Foundation in support of real party in interest ( Sierra Pacific Industries). Answer due within 30 days. by counsel, Damien M. Schiff.
Mar 2 2007	Received application to file Amicus Curiae Brief   The California Forestry Association in support of real party in interest (Sierra Pacific Industries), by Michele Dias, counsel
Mar 5 2007	Received application to file Amicus Curiae Brief   Sierra Club and The Sierra Nevada Forest Protection Campaign in support of appellants. by counsel, James A. Heard.
Mar 6 2007	Permission to file amicus curiae brief granted   California Native Plant Society
Mar 6 2007	Amicus curiae brief filed   Callifornia Native Plant Society, in support of appellants. Answer due within twenty days.
Mar 6 2007	Received application to file Amicus Curiae Brief   California Native Plant Society in support of appellants by Keith G. Wagner, counsel 8.25(b)
Mar 8 2007	Permission to file amicus curiae brief granted   The application of Sierra Club and the Sierra Nevada Forest Protection Campagin for permission to file an amicus curiae brief in support of appellants is hereby granted. An answer thereto may be seved and filed by any party within twenty days of the filing of the brief.
Mar 8 2007	Amicus curiae brief filed   Sierra Club and the Sierra Nevada Forest Protection Campaign. by counsel, James. A. Heard.
Mar 8 2007	Permission to file amicus curiae brief granted   The application of The California Forestry Association for permission to file an amicus curiae brief in support of real party in interest ( Sierra Pacific Industries) is hereby granted. An answer thereto may be served and filed by any party within twenty days of the filing of the brief.
Mar 8 2007	Amicus curiae brief filed   The California Forestry Association in support of real party in interest. by counsel, Michele Dias.
Mar 21 2007	Response to amicus curiae brief filed   Appellant, Ebbetts Pass, to Amicus Curiae briefs of Pacific Legal Foundatiion & California Forestry Association. by counsel, Thomas N. Lippe.
Mar 26 2007	Response to amicus curiae brief filed   Sierra Pacific Industries, Real Party in Interest, to Amicus Curiae Brief of Sierra Club, et. al. by counsel, Edgar B. Washburn.
Jun 25 2007	Received:   notice of unavailability of counsel Thomas N. Lippe for appellant (Ebbetts Pass Forest Watch, et al.)
Oct 1 2007	Change of contact information filed for:   Jay-Allen Eisen, counsel for Sierra Pacific Industries
Oct 5 2007	Received:   Notice o f Unavailability of counsel - Thomas N. Lippe for Appellants ( Ebbetts Pass ).
Feb 6 2008	Case ordered on calendar   to be argued Wednesday, March 5, 2008, at 9:00 a.m., in San Francisco
Feb 19 2008	Filed letter from:   William Jenkins, deputy Attorney General, requesting to divide oral argument time equally between respondents Department of Forestry and Sierra Pacific Industries.
Feb 22 2008	Filed letter from:   Appellant, Ebbetts Pass Forest Watch, re: additional authorities by counsel, Thomas N. Lippe.
Feb 27 2008	Order filed   The request of counsel for respondents in the above-referenced cause to allow two counsel to argue on behalf of respondents at oral argument is hereby granted. The request of respondent Department of Forestry and Fire Protection to allocate to respondent Sierra Pacific Industries 15 minutes of respondents' 30-minute allotted time for oral argument is granted
Feb 29 2008	Request for judicial notice denied   The requests by defendant and real party in interest for judicial notice of materials from the administrative record in prior case, Ebbetts Pass Forest Watch v. California Department of Forestry and Fire Protection (2004) 123 Cal.App.4th 1331, are denied.
Mar 5 2008	Cause argued and submitted
Mar 7 2008	Received:   Errata to Appellant's Combined Answer Brief on the Merits received, by Thomas N. Lippe, Counsel
May 21 2008	Notice of forthcoming opinion posted
May 22 2008	Opinion filed: Judgment reversed   We therefore reverse the judgment of the Court of Appeal and remand the matter to that court for further proceedings consistent with our opinion. Opinion by Werdegar, J. -----joined by George, C.J., Kennard, Baxter, Chin, Moreno & Corrigan, JJ.
Jun 9 2008	Rehearing petition filed   Appellants, Ebbetts Pass Forest Watch, et.al. by counsel, Thomas N. Lippe.
Jun 12 2008	Time extended to consider modification or rehearing   The time for granting or denying rehearing in the above-entitled case is hereby extended to and including August 20, 2008, or the date upon which rehearing is either granted or denied, whichever occurs first.
Jun 12 2008	Filed:   letter from Real Party in Interest, Sierra Pacific Industries - will not be filing an answer to the petition for rehearing filed by Ebbets Pass Forest Watch. by cousnel, Edgar B. Washburn
Jul 30 2008	Rehearing denied   The opinion is modified on the court's own motion George, C.J., was absent and did not participate.
Jul 30 2008	Opinion modified - no change in judgment
Jul 30 2008	Remittitur issued (civil case)
Aug 4 2008	Received:   receipt for remittitur CA/5.
Aug 6 2008	Returned record   to CA/5 : attn. Tony ( 6 doghouses)

Briefs
Oct 12 2006	Opening brief on the merits filed
Oct 13 2006	Opening brief on the merits filed
Dec 14 2006	Answer brief on the merits filed
Feb 1 2007	Reply brief filed (case not yet fully briefed)
Feb 1 2007	Reply brief filed (case fully briefed)
Mar 1 2007	Amicus curiae brief filed
Mar 6 2007	Amicus curiae brief filed
Mar 8 2007	Amicus curiae brief filed
Mar 8 2007	Amicus curiae brief filed
Mar 21 2007	Response to amicus curiae brief filed
Mar 26 2007	Response to amicus curiae brief filed

If you'd like to submit a brief document to be included for this opinion, please submit an e-mail to the SCOCAL website