JOY ROAD AREA FOREST AND WATERSHED ASSn.v. CA DEPT. OF FOR...
JOY ROAD AREA FOREST AND WATERSHED ASSn.v. CA DEPT. OF FORE. PART -II
JOY ROAD AREA FOREST AND WATERSHED ASSn.v. CA DEPT. OF FORE. PART -II 02:26:2007
JOY ROAD AREA FOREST AND WATERSHED ASSOCIATION v. CALIFORNIA DEPARTMENT OF FORESTRY & FIRE PROTECTION
Filed 8/30/06
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION TWO
JOY ROAD AREA FOREST AND WATERSHED ASSOCIATION,
Plaintiff and Appellant,
v.
CALIFORNIA DEPARTMENT OF FORESTRY & FIRE PROTECTION,
Defendant and Appellant,
HARMONY FOREST & LAND COMPANY, LLC.,
Real Party in Interest.
A105421
(Sonoma County
Super. Ct. No. SCV 229850)
Continue from Part I ………
Wahl's conclusions were echoed in a letter by Dr. Daniel Wickham.[1] Dr. Wickham estimated that the proposed logging of redwoods in the THP area would result in the loss of 4.3 million gallons of water from fog drip during a typical summer. According to Wickham, â€
Description
Trial court correctly found that Department of Forestry & Fire Protection abused its discretion by approving a timber harvest plan where plan's cumulative impact analysis with regard to the issue of fog drip lacked any facts, statistics, reports, or studies supporting contention that decrease in fog drip from trees would not result in a decrease in the water supply; plan lacked cumulative impact analysis addressing impact of future housing development in harvest area, but housing development was a reasonably foreseeable consequence of proposed harvest; additional information about northern spotted owl that was added to plan during review process was sufficiently significant to merit notice and recirculation; and U.S. Fish and Wildlife Service had not approved project as required by department's own regulation.
