In plaintiff’s suit alleging violations of the California Environmental Quality Act (CEQA), trial court’s judgment that the California Department of Forestry and Fire Protection (CDF) properly granted the exemption allowing harvesting of less than three acres of timber without environmental review is reversed as, where a public agency has adopted a mitigation measure for a project, it may not authorize destruction or cancellation of the mitigation - whether or not the approval is ministerial - without reviewing the continuing need for mitigation, stating a reason for its actions, and supporting it with substantial evidence.
Read Katzeff v. California Dep’t of Forestry & Fire Prot., No. A122642 [HTML]
Read Katzeff v. California Dep’t of Forestry & Fire Prot., No. A122642 [PDF]
Appellate Information
Filed January 28, 2010
Judges
Opinion by Judge Rivera
CounselFor Appellant: Paul V. Carroll
For Appellee: Edmund G. Brown, Jr., Attorney General, Mary E. Hackenbracht, Senior Assistant Attorney General, Anita E. Ruud, Deputy Attorney General
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