Katzeff v. California Department of Forestry and Fire Protection

Paul Katzeff (plaintiff) owned land adjacent to property owned by Gregg Kuljian (defendant). In 1988 and 1998, Kuljian’s predecessor, Ed Powers (defendant), submitted timber-harvest plans (THPs) to the California Department of Forestry (CDF) (defendant), pursuant to the California Forest Practice Act (FPA). The CDF reviewed the THPs and concluded that the proposed timber operations could cause wind damage to Katzeff’s land. Thus, it approved the THPs on the condition that no trees be cut within 200 feet of Katzeff’s property. These THPs were in effect for three years after their approval. Years later, Powers sold his property to Kuljian. As part of that sale, Kuljian agreed to file a conversion-exemption application with the CDF, announcing his intention to use a small section of the property for an orchard and to give Powers the right to log and sell the timber on that land in preparation for the change in use. The FPA exempted logging on less than three acres from the normal environmental-review process, and therefore, the CDF approved Kuljian’s conversion application without conducting a review. Katzeff sued the CDF, Kuljian, and Powers, noting that the conversion application authorized logging within 200 feet of his land and would therefore destroy the mitigation previously required by the THPs. Katzeff argued that approval of this new project without an environmental review violated the FPA and the California Environmental Quality Act (CEQA). The district court rejected Katzeff’s claims, and Katzeff appealed.