IN THE SUPREME COURT OF THE STATE OF CALIFORNIA EBBETTS PASS FOREST WATCH, et al., Case No. $143689 Plaintiffs and Appellants, Court of Appeal v. (5" App. District) CALIFORNIA DEPT. OF FORESTRY Case No. F042896 AND FIRE PROTECTION, Tuolumne County Defendant and Respondent. Superior Court, ‘SIERRA PACIFIC INDUSTRIES, Case No. CV48910 Hon. William Polley Petitioner and Real Party in . Interest. After Decision by the Court of Appeal Fifth Appellate District MOTION OF THE SIERRA CLUB AND THE SIERRA NEVADA FOREST PROTECTION CAMPAIGN FOR LEAVE TO FILE BRIEF AS AMICI CURIAE; BRIEF OF AMICI CURIAE SIERRA CLUB AND SIERRA. NEVADA FOREST PROTECTION CAMPAIN IN SUPPORT OF APPELLANTS EBBETTS PASS FOREST WATCH AND CENTRAL ‘SIERRA ENVIRONMENTAL RESOURCE CENTER MACKENZIE & ALBRITTON LLP JAMES A. HEARD (STATE BAR NO. 114940) ‘One Post Street, Suite 500 San Francisco, California 94104 Telephone: (415) 288-4000 Attorneys for Amici Curiae Sierra Club and Sierra Nevada Forest Protection CampaignTABLE OF CONTENTS MOTION BY THE SIERRA CLUB AND THE SIERRA NEVADA. FOREST PROTECTION CAMPAIGN FOR LEAVE TO FILE BRIEF AS AMICI CURIAE... Interest of the Sierra Club Interest of the Sierra Nevada Forest Protection Campaign ... How the Proposed Brief Will Assist the Coutt.... BRIEF OF AMICI CURIAE SIERRA CLUB AND SIERRA NEVADA FOREST PROTECTION CAMPAIGN IN SUPPORT OF PLAINTIFFS AND APPELLANTS EBBETTS PASS FOREST WATCH AND. CENTRAL SIERRA ENVIRONMENTAL RESOURCE CENTER. Introduction... Argument... I. CDF committed an error of law — and thus abused its discretion — by using a single assessment area to evaluate cumulative impacts on all species, when its controlling regulation requires assessment areas tailored to the habitat needs of each species . A. CDF failed to follow its own regulation by using a single assessment area for all species B. There is no basis for deference in reviewing this procedural etror .. CC. Tocomply with CEQA and the FPA, CDF must obtain and consider the additional information about the environmental setting determined by federal agency scientists to be necessary...TL. il. Conclusion ... CDF committed an error of law — and thus abused its, discretion — in its review of the cumulative impacts of pesticide use. CDF’s procedural errors deprived the public of essential information about the impacts of SPI’s logging... ii