Katzeff v. California Dep't of Forestry & Fire Prot., No. A122642 - California Case Law
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Katzeff v. California Dep't of Forestry & Fire Prot., No. A122642

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.     

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Appellate Information

Filed January 28, 2010

Judges

Opinion by Judge Rivera

Counsel
For 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