An Analysis of Case Law - Conflicts Between CEQA and Forest Practices Act

ANALYSIS OF THE CONFLICTS BETWEEN THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND THE FOREST PRACTICES ACT,


AN ANALYSIS OF CASE LAW, by Ariela Freed

Historically, private litigants and courts have played a significant role in the regulation of timber harvesting in California, often propelling major changes in the state's forestry and environmental laws. Perhaps at no point has this been more true than after the enactment of the California Environmental Quality Act ("CEQA") and the Z'Berg Nejedly Forest Practice Act ("FPA") in the early 1970's. This paper provides an overview of litigation involving timber harvest practices since that time to the present, focusing on recurring issues that have compelled private parties to seek judicial review. Of principal concern to litigants have been the adequacy of cumulative environmental impact assessments, evaluation and mitigation of impacts on wildlife, perceived violations of agency authority and abuse of discretion, and the interaction of CEQA with the FPA. Although this paper categorizes litigation within these areas for ease of review and analysis, it should be noted that most cases involve a significant amount of overlap.