Environmental Protection Information Center v. Department of Forestry & Fire Protection

Opinion

HAERLE, J.

I. Introduction

This is an appeal by the California Department of Forestry and Fire Protection and its Board of Forestry (hereafter respectively CDF and BOF or, collectively, appellants) from a summary judgment entered against them by the lower court in a declaratory relief action brought by respondent (hereafter EPIC). The court’s order held that section 1038, subdivision (c), of title 14 of the California Code of Regulations, which purports to exempt timber operations on any parcel of land of less than three acres in size from the requirement of the preparation of a timber…