Case


Public Resources Protection Association v. CDF (1994) 7 Cal.4th 111

http://caselaw.lp.findlaw.com/ca/cal4th/7.html

PuRePAC challenged the California Department of Forestry's approval of a Mendocino County timber harvest plan based on inadequate protection of spotted owl. Following denial of its case in the trial court, the First District Court of Appeal issued a stay of timber harvesting. It then reversed the trial court and granted the appeal.

The Supreme Court granted Louisiana Pacific's Petition for Review. While the case was pending, CDF passed superseding new rules protecting the spotted owl. By the time of oral argument, CDF attorneys had switched sides and were arguing on the same side as PuRePAC, to enforce the new rules. The Supreme Court acknowledged the applicability of the new rules to protect the owl, but allowed LP to amend its original harvesting plan rather than set it aside.


spotted owl

 
  copyright 2017, Brandt-Hawley Law Group