Ebbetts Pass v. CA. Dept. of Forrestry

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Filed 7/30/08 IN THE SUPREME COURT OF CALIFORNIA EBBETTS PASS FOREST WATCH et al., ) ) Plaintiffs and Appellants, ) ) v. ) ) CALIFORNIA DEPARTMENT OF ) FORESTRY AND FIRE PROTECTION, ) ) Defendant and Respondent; ) ) SIERRA PACIFIC INDUSTRIES, ) ) Real Party in Interest ) and Respondent. ) ___________________________________ ) S143689 Ct.App. 5 F042896 Tuolumne County Super. Ct. No. CV48910 MODIFICATION OF OPINION THE COURT: The opinion herein, appearing at 43 Cal.4th 936, is modified as follows: The following sentence is added to the end of the paragraph spanning pages 957-958: To the extent the recirculation standard of Public Resources Code section 21092.1 applies, CDF s identification of past use data in its responses to public comments do not comprise significant new information as to require an additional public comment period. This modification does not affect the judgment.

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