ELR Citation: ELR 20425
No(s). 1 Civil 28244 (Cal. Ct. App. Sep 16, 1971)

The California Forest Practice Act attempts to delegate to administrative panels dominated by the timber industry legislative authority to promulgate forest practice rules without providing necessary standards for the exercise of that authority and therefore, violates both the California and federal constitutions as an unlawful delegation of authority and denial of due process of law to the affected public. The act does not preempt the field of regulation of timber operations on privately owned land so as to invalidate San Mateo County ordinances designed to protect natural beauty and watershed and which operate here to bar plaintiff's timbering of its land. Although not raised below, the court takes cognizance of the constitutional issue because the regulation of private timbering practices involves the public interest.

Counsel for Appellant:
Hession, Robb, Creedon, Hamlin and Kelly
P.O. Box 1929
181 2nd Avenue
San Mateo, CA 94401
(415) 343-5611

Counsel for Appellee:
Keith C. Solenson District Attorney San Mateo County
Henry A. Dietz Deputy Attorney San Mateo County
Hall of Justice and Records
Redwood City, CA 94063
(415) 369-1441