Weburg v. Board of Forestry
Botanical protections on private timberlands continue to be upheld, thanks to the vigilance of Forestry Program volunteers and botanists at the Department of Fish and Game (DFG). In a case monitored by the Forestry Program since 2001, the California Department of Forestry and Fire Protection (CDF) recently rejected a Timber Harvesting Plan (THP) that did not adequately address botanical issues.
When the original plan was denied, the landowner
sued the Board of Forestry (Weburg
v. Board of Forestry), and CNPS filed an "amicus
brief" to legally support the agency's position that
CNPS List 1 and 2 species are protected by state law. The Superior
Court of Sacramento decided the case in favor of the Board of
Forestry, upholding denial of the THP and supporting scoping and
survey requirements for non-listed plants.