Reversing a California Superior Court, the California Court of Appeal ruled that the State Board of Forestry and Fire Protection violated CEQA when it approved the California Vegetation Treatment Program, which would use controlled burning and other techniques to decrease the types of vegetation that fuel wildfires. The Court of Appeal found that substantial evidence did not support the State Board’s findings that the Program would avoid adverse effects on native chaparral and coastal sage shrub from “type conversion,” which refers to a replacement of native shrub species with non-native plants, and that evaluation and mitigation of any adverse effects could be “tiered” to project proponents’ future reviews. The appellate court said the State Board was “required under CEQA to consider the adverse environmental effects of type conversion—most specifically, the increased wildfire danger.” The Court of Appeals’ decision did not address the climate change-specific arguments made by the challengers in their original petition.

Challenge to California Vegetation Treatment Program, a component of California's plan to reduce wildfire risk.

California Chaparral Institute v. Board of Forestry & Fire Protection

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California Appellate Court Said CEQA Analysis for Vegetation Treatment Program Had to Consider Impact on Wildfire Risk of Conversion from Native to Non-native Plants

Filed

United States of America

California

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California Appellate Court Said CEQA Analysis for Vegetation Treatment Program Had to Consider Impact on Wildfire Risk of Conversion from Native to Non-native Plants

Risk

Just transition

Renewable energy

Economic sector

Adaptation/resilience