The First Appellate District reversed a judgment. In the published portion of its opinion, the court held that both the California Environmental Quality Act and the Z’Berg-Nejedly Forest Practice Act of 1973 were implicated by the California Department of Forestry and Fire Protection’s cancelling of a previously adopted mitigation measure without considering whether there was a continuing need for the measure.
Paul Katzeff and Ed Powers owned adjoining parcels of property. In 1988, the California Department of Forestry and Fire Protection (CDF) considered a proposed Timber Harvest Plan (THP) for Powers’s land. CDF found that the proposed THP would allow wind to be funneled and accelerated, creating a threat of damage to Katzeff’s property and home. Accordingly, CDF approved the THP only on condition that no trees be removed from within 200 feet of Katzeff’s home without Katzeff’s prior approval.
