Opinion
Page 642a
135 Cal.App.4th 642a __Cal.Rptr.3d__ ENVIRONMENTAL PROTECTION INFORMATION CENTER et al., Plaintiffs and Respondents, v. CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION et al., Defendants and Appellants; PACIFIC LUMBER COMPANY et al., Real Parties in Interest and Appellants. A104828 California Court of Appeal, First District, Fifth Division January 11, 2006Environmental Protection Information Center v. California Department of Forestry and Fire Protection (A105391); United Steelworkers of America v. California Department of Forestry and Fire Protection (A104830); United Steelworkers of America v. California Department of Forestry and Fire Protection (A105388).
Humboldt County Super. Ct. No. CV990445
ORDER MODIFYING OPINION AND DENYING PETITIONS FOR REHEARING
The opinion filed on December 12, 2005 (134 Cal.App.4th 1093; __Cal.Rptr.3d__ ), is modified as follows:
1. On page 12, the second sentence of the second paragraph [134 Cal.App.4th 1112, advance report] is deleted and replaced with the following sentence:
“Because the July 1998 Public Review Draft did not reflect the buffer zones, the projections on timber inventory, growth, and harvest for the Sustained Yield Plan were revised and added to the final EIS/EIR in Appendix Q.”
2. On page 25, in the first complete sentence [134 Cal.App.4th 1122, advance report, 2d par., line 2], delete “§§ 956.3-956.12” and replace with “§§ 916.3-916.12.”
3. On page 32, line 2, in the first full paragraph [134 Cal.App.4th 1128,advance report, 3d par.], delete the phrase “which pulled together” and replace with the phrase “which purported to pull together.”
4. In footnote 26 on page 36 [134 Cal.App.4th 1132, advance report], delete the last sentence of the final paragraph and replace with the following sentence:
“What plaintiffs overlook is that the Implementation Agreement keeps the protective measures in place regardless of the existence of the Incidental Take Permit.”
Page 642b
5. On page 38, line 2, in the first full paragraph [134 Cal.App.4th 1133,advance report, 2d par.], replace the word “short” with the the word “near.”
6. On page 45 [134 Cal.App.4th 1139, advance report], in the first line of the first full paragraph, the word “present” is inserted between “a” and “taking” so that the sentence reads:
“The Incidental Take Permit itself expressly does not authorize a present taking of the spotted owl.”
7. On page 55, the third sentence, in the final paragraph [134 Cal.App.4th1147, advance report, 2d par.], beginning with “The notification required by statute” and the parenthetical citation that follows it are deleted and replaced with the following:
“The notification required by statute is simply a notice of the proposed “activity” that will divert, obstruct, or change the natural flow of a river, stream, or lake. (Former Fish & Game Code, § 1603, subd. (a).)”
The modifications do not change the judgment.
The petitions for rehearing are denied.