Ebbetts Pass v. CA. Dept. of Forrestry


43 Cal.4th 936 original opinion 44 Cal.4th 589a modification


Filed 7/30/08

IN THE SUPREME COURT OF CALIFORNIA

EBBETTS PASS FOREST WATCH et al., )

Plaintiffs
and
Appellants,
S143689
v.
) Ct.App.
5
F042896
CALIFORNIA DEPARTMENT OF
FORESTRY AND FIRE PROTECTION,
Tuolumne
County
Defendant and Respondent;
Super. Ct. No. CV48910
SIERRA PACIFIC INDUSTRIES,
Real Party in Interest
and
Respondent. )

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.