Archive for May, 2016

Kin to the Earth

Tuesday, May 24th, 2016
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Kim of the Earth_This month, EPIC’s Public Land Advocate, and Executive Director of Klamath Forest Alliance — Kimberly Baker– was interviewed by Natalynne DeLapp. This article was originally published in the Northcoast Environmental Center’s newspaper, EcoNews.

An insatiable curiosity and passion for the forest, and its wildlife, is what inspired Kimberly Baker to begin her conservation advocacy work. Originally from Georgia, by way of Alaska, she moved to Sandy Bar Ranch, on the Klamath River, in 1998. “California’s Klamath-Siskiyou bioregion is widely recognized as a global center for biodiversity,” said Kimberly. “Our forests shelter an incredible complex of rare and unique species found only in this region.” It was while living on the river that she began to see what was happening to the national forests—old growth logging and the destruction of native wildlife habitat. “I started as a volunteer doing forest watch monitoring national forest timber sales and realized that even one person could make a big difference,” said Kimberly.

“Public involvement absolutely results in better management of our forests,” said Kimberly. “By paying attention to what projects are being developed by the U.S. Forest Service, watching out for plans that target big trees, understanding science, basic ecology and environmental laws, and by providing substantive place based comments—forests can be protected.”

Getting into the back county, out on the ground and seeing exactly what is being proposed and where is one of the most important components of timber sale monitoring. “One of the first projects I worked on was the Elk Creek Timber Sale. One of the units was proposed for tractor logging, and upon walking into the unit I saw springs and pools of water everywhere, —and because of my comments the unit was dropped,” said Kimberly. “It also it made me realize why it is so important to ground truth forest service projects.”

When asked what inspires her, Kimberly said, “I draw my inspiration from all of the wildlife inhabiting these mountains and watersheds, —the beautiful and amazing communities out in the forest—that is what I work to protect.”

One of Kimberly’s favorite places is the Garden Gulch Trail on the North Fork Salmon River. “Although it is not the most spectacular old growth, it’s a particular stand that has been targeted three or four times by different timber sales and every time we’ve been able to save it, said Kimberly. I like going there, being in that forest, and knowing that it is still standing. The trees are all marked up with multiple different colors of paint from the various timber sales the agency has attempted—it reminds me that caring people make a difference.”

In the past twenty years, Kimberly has seen changes in how National Forests are managed because of different forest leadership and changing cultural values. I asked her what does she see happening as she looks ahead. “It could go either way, the Six Rivers National Forest is making great strides by incorporating Traditional Ecological Knowledge and working toward long-term solutions to return fire back to our landscapes, and by working with the people in the communities,” said Kimberly. “We know so much from the decades of intensive study, how biodiverse northern California is, how many endemic species are here, and how globally important our forest are. So I see the future going either way, either we protect it and follow the best available science, or we don’t. Which for example is what the Klamath National Forest is doing, where it is cutting trees at any cost to the environment, and not considering science or the people in the community. It is working to reach timber targets without regard for wildlife or water quality. We either make the change or we don’t. With the recent congress forest and wildlife management has been ruled by politics and misguided opinions rather than science based.”

When asked what needs to happen, Kimberly said, “I think the key to species survival is landscape connectivity. We need connect wild places by protecting the remaining roadless areas, mature forests and high quality habitat and restoring cut over forests. It is time enact policy that will implement climate adaption strategies—which is why I am working with leaders in office and in forest, water and wildlife management to make the necessary shifts in order to conserve our quality of life, wildlife and wild places.”

It is because this courage and determination that thousands of acres of ancient forest are still standing, and it is with this same level of determination that Kimberly will continue to advocate for the future of the forests and wildlife of northwest California.

 


Elk River Update—Deciding to Decide

Tuesday, May 24th, 2016
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Elk River flowing over road. Photo courtesy of Elk River Residents Association

Elk River flowing over road. Photo courtesy of Elk River Residents Association

Decisions, decisions, decisions…It has happened to all of us, surely, at one time or another. It can seem so complicated to make even the most basic of decisions, at times. We can talk ourselves into a state of paralysis, turning over the relative merits of one choice over another. In the end though, regardless of how much we debate, we eventually have to make decisions and live with the consequences.

On May 12, 2016, the Regional Board finally moved to adopt a sediment impairment remediation and watershed recovery plan for the Elk River, some 14 years after its self-imposed deadline. The tale of the “how’s,” and “why’s,” that this has taken so long, can be untangled when looked at through the lens of history, politics, and fear of backlash.

Background

The Elk River watershed was severely damaged in 80’s and 90’s by the reckless and irresponsible liquidation logging of MAXXAM/Pacific Lumber Company. Then, the combination of this reckless logging and the advent of the 1996/1997 New Year’s storms that brought heavy rains to the North Coast, saw the river system and the upland watershed begin to unravel as massive landslides, streambank failures, road and road infrastructure failures introduced overwhelming amounts of sediment pollution to the river system.

In the wake of the obvious devastation, in 1997, an inter-agency team conducted field investigations of the Elk River watershed and four other Humboldt County watersheds, finding in every case that these systems were “significantly adversely cumulatively impacted from sediment with logging as a contributing factor.” The Elk River watershed was designated as sediment impaired and placed on the 303(d) list of impaired waterbodies under the federal Clean Water Act. The federal and state water management agencies both agreed that the North Coast Regional Water Quality Control Board would take the lead on preparing the remediation and recovery plan for Elk River, known as a Total Maximum Daily Load (TMDL), and would complete it and adopt it by 2002.

The Wait is the Hardest Part

In the 18 years since the 303(d) designation of Elk River, not only has the Regional Water Board failed to produce the TMDL, but the impaired and polluted condition of the so-called “impacted reach,” i.e. the reach of the river where massive amounts of logging-related sediment pollution have been stuck and languishing for nearly two decades, is actually continuing to worsen, not improve. And despite changes in ownership and management practices, the timber industry’s own Report of Waste Discharge to the North Coast Regional Water Quality Control Board on its sediment pollution discharges in the Elk River watershed actually shows that contemporary timber harvest activities in the watershed are still contributing new pollution to the river system, incrementally compounding the problem.

The sediment pollution has caused unnatural and frightening increases in the frequency and intensity of flooding in residential areas, resulting in impairment of domestic and agricultural water supplies, loss of traditional land-based economic activities, the flooding of roads, homes, and properties, and threaten the very health, safety, and lives of local residents, as the flood waters prevent ingress and egress from the neighborhood.

Local residents and fisheries and environmental advocates have struggled for nearly two decades to compel state and federal regulatory agencies to act to restrict further logging and logging pollution, clean up the mess left behind by MAXXAM/Pacific Lumber, and begin to restore the Elk River watershed. However, bureaucratic lethargy has virtually stymied citizen’s and citizen group’s efforts at every turn. The weapon being used to forestall the process has not been lawsuits, but largely the planting of seeds of doubt and insisting on “certainty” in the science and analytical documentation detailing watershed conditions and root causes.

Paralysis by Analysis

After the initial inter-agency investigation in 1997, a litany of studies and reports have been produced, almost all of which have come to essentially the same conclusion: logging practices have resulted in massive an incomprehensible amounts of sediment pollution being introduced to the river system, and that massive quantities of this sediment pollution are now stored in the lower reaches of the watershed, the so-called, “impacted reach,” the virtual ground-zero for local residents in the watershed.

However, after 18 years of science and bureaucratic process, the most basic, and fundamental finding of all the study and analysis—that the watershed is crippled with impairment from logging-related sediment pollution—has never actually changed. What has transpired can be characterized as a battle of the experts, with the agencies, the timber industry, and the general public alike marshalling scientists to study, re-study, critique, tweak, and study again, the studies and reports generated to serve as the basis for the actual decisions to be made about how to resolve the sediment pollution problem.

In 2013, Janet Parrish, representing the EPA, wrote a letter to the Regional Board to chide its lethargy and inaction to stem the tide of sediment pollution from logging and begin the process of recovering the river and its water quality. Parrish described the heel-dragging and delays as “paralysis by analysis.” The quest for “certainty” obfuscated the essential facts of the situation and the clear legal mandates of the Regional Board to act to correct the problems.

De Ja Vu All Over Again

Regional Board staff have brought at least two or three other action proposals before the Board Members to address problems in Elk River over the last 18 years, all of which have been rejected, mostly on the basis that further study and refinement of the studies has been necessary before final action can be taken.

On April 7, 2016, the North Coast Regional Water Quality Control Board met in Eureka, poised to decide whether or not to finally adopt the TMDL for Elk River, now some 14 years tardy, and whether or not to adopt a new pollution regulation and control permit for the primary timberland owner in the Elk River watershed, Humboldt Redwood Company, successor to the now-bankrupt MAXXAM/Pacific Lumber Company.

After hours of testimony, hearing, and deliberations on the proposed adoption of the TMDL, members of the North Coast Regional Water Quality Control Board, weary and blurry-eyed from over 12 hours of meeting, decided to defer making a decision, long after a substantial number of hearing participants and interested parties had succumbed to the attrition of the day. The rest of the agenda, including the new pollution and control permit for Humboldt Redwood Company, was kicked down the road.

Then, on May 12, 2016, the North Coast Regional Water Quality Control Board once again made the journey to Humboldt County, again poised to decide whether or not to decide. After considerable deliberation and vociferous decent from certain Board Members, the Regional Board finally, at long-last, adopted the Elk River TMDL. As for the new pollution regulation and control permit for HRC? The Regional Board, after much public testimony and deliberations, decided once again to defer, or to not decide, until a later date. The reason? The Regional Board members want to study and consider the permit further, before finally deciding to decide.

The Regional Board is poised to meet again on June 16, 2016 and perhaps this time it will finally decide to decide. After some 25 years or more of engagement and advocacy for the forests, watersheds, wildlife, and downstream residents of the Elk River watershed, EPIC knows all too well that sometimes it is vigilance, and not discretion, that constitutes the better part of valor.

Click here to read the Times-Standard article about Elk River.


EPIC Redwoods Spring/Summer Hikes 2016

Monday, May 23rd, 2016
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Salmon Pass Trail Headwaters Reserve RDCome out and join the staff of EPIC for a series of spring and summer excursions in our majestic and critically-important redwood region parks and reserves, home of the tallest trees on earth. Hikes will be led by EPIC staff, and are free and open to the public. Topics to be covered will include the ecology, sociology, history, management, protection, and conservation of our public parks and reserves in the redwood region of Humboldt and Del Norte Counties.

All hike dates and times are subject to change, pending inclement weather, or other factors, so be aware! As always, if you come, please be prepared for our local conditions and for the conditions generally found in our forests. Please wear appropriate clothing and foot ware, bring food, and water, and anything else you may need to be comfortable and safe in the forest. Hikes are of varying lengths and difficulty levels, so please check out the descriptions below, and know your limits! All hikes will originate from our office in Arcata, CA, at 145 G Street, Suite A, at 9 a.m., unless otherwise noted. Space may be limited, so please RSVP if you plan to attend an individual hike.

Click on the hike date to join individual events on Facebook. For more information, or to RSVP for an individual hike, please call us at (707) 822-7711, or e-mail: rob@wildcalifornia.org.

Headwaters Forest Reserve Salmon Pass Trail

April 8, 2016: Salmon Pass Trail, Headwaters Forest Reserve.

Please join EPIC staff for this fascinating hike along the Salmon Pass Trail, in the Headwaters Forest Reserve, and relive the history of the struggle to protect Headwaters, while learning about the contemporary challenges for management, conservation, and restoration, in the reserve, and elsewhere in the redwood region.

Distance: The Salmon Pass Trail, on the south end of the Headwaters Forest Reserve, is a 3-mile loop hike.

Difficulty: The difficulty of the hike on the Salmon Pass Trail is rated as “easy,” and should be accessible to most hikers of most skill and ability levels.

Anticipated Time Commitment: Plan on budgeting about 4-5 hours for this hike, inclusive of meeting, carpooling, driving, and hiking time.

IMG_3031May 6, 2016: Lady Bird Johnson Grove, Redwood National Park.

Join EPIC staff for a relatively short and leisurely hike in the picturesque Lady Bird Johnson Grove, one of the crowned jewels of Redwood National Park. The Lady Bird Johnson Grove Nature Loop Trail is designed to be accessible to almost anyone, and is a perfect way to get a taste of what it’s like to be in an old-growth coastal redwood forest.

Distance: This hike is on the Lady Bird Johnson Grove Nature Loop Trail, which totals 3 miles.

Difficulty: The Lady Bird Johnson Grove Nature Loop Trail is rated as “easy,” and should be accessible to most hikers of most skill and ability levels.

Anticipated Time Commitment: Plan on budgeting about 4-5 hours for this hike, inclusive of meeting, carpooling, driving, and hiking time.

June 11, 2016: Stout Grove, Jedediah Smith Redwoods State Park.

Join EPIC staff for a walk back in time, as we traverse through the spectacular scenery of Stout Grove, in Jedediah Smith Redwoods State Park, nestled along the alluvial flats of the Wild and Scenic Smith River, in Del Norte County, CA.

Distance:

The Stout Grove loop is a very short, and easy 0.6-mile hike through giant old-growth redwoods along the spectacular alluvial flats of the Wild and Scenic Smith River. Depending on group size and inclination, this trip may also visit other trail sections in Jedediah Smith Redwoods State Park, so this is subject to change!

Difficulty: The Stout Grove Loop hike is rated as “easy,” and should be accessible to most hikers of most skill and ability levels.

Anticipated Time Commitment:

Plan on budgeting at least 4-6 hours for this trip, as the drive to Jedediah Smith Redwoods State Park, and back, will take a minimum of 1 hour and 45 minutes, each way.

July 8, 2016: Tall Trees Grove, Redwood National Park.

Come join EPIC staff on a hike to one of the hidden jewels of the Redwood National and State Park system, the spectacularly diverse Tall Trees Grove! The “discovery” of what is now Tall Trees Grove by unsuspecting explorers from National Geographic Magazine in the late 1960’s formed the impetus from the preservation and establishment of what is now Redwood National Park. Tall Trees is nestled away deep in the recesses of the park, and is set along the nutrient-rich alluvial flats of Redwood Creek, and contains some of the tallest trees left on earth, while offering unrivaled diversity and scenic beauty.

Distance:

The access to Tall Trees Grove is restricted to vehicular traffic. For this hike, we will access the Tall Trees Grove loop by driving the Tall Trees access road, located off the Bald Hills Road, which runs through Redwood National Park. Permission from Redwood National Park, and access to the gate combination for the Tall Trees access road will be required, and secured in advance. One we arrive at the Tall Trees Grove access road parking area, the hike is a total of approximately 4-miles, which includes 1 ½ miles each way into and out of the grove, and the 1-mile Tall Trees Grove Loop Trail.

Difficulty:

This hike to Tall Trees Grove is rated as “moderate,” although it may be “difficult,” for those without much regular hiking experience. The access trail into the Tall Trees Grove loop is located on a fairly steep grade, and is downhill on the way in, and uphill on the way out.

Anticipated Time Commitment:

Plan on budgeting 4-5 hours for this hike, inclusive of meeting, driving, and hiking time.

Contact: The number of participants in this hike may be limited due to the logistical challenges. RSVP is highly encouraged. For more information, or to RSVP, please call (707) 822-7711, or e-mail: rob@wildcalifornia.org.

August 12, 2016: Bull Creek Flats, Rockefeller Forest, Humboldt Redwoods State Park.

For our final hike of the season, please join EPIC staff for a day-long adventure on the Bull Creek Flat Trail, located in the Rockefeller Forest, in Humboldt Redwoods State Park. The Bull Creek Flat Trail offers a traverse along Bull Creek, and the scenic South Fork Eel River, through some of the biggest, and most majestic coastal old-growth redwood forest stands left on earth.

Distance:

The Bull Creek Flat Loop Trail comprises a total of 9-11 miles of possible hiking. Be prepared to spend the day on the trail for this hike! Ultimate distance will depend on size and inclination of the group.

Difficulty:

The Bull Creek Flat Loop Trail is rated as, “easy,” as it is entirely located along the alluvial flats of Bull Creek. Be advised, however that this trail does involve crossing Bull Creek. Humboldt Redwoods State Park does install seasonal footbridges for the summer months in the park, but don’t presume the bridges will be there, and plan accordingly!

Anticipated Time Commitment:

Plan on allotting a minimum of 5-6 hours for this hike, inclusive of meet-up, driving time, and hiking time.

Redwood Hike Schedule

 


Thank You Compliance Workshops

Monday, May 23rd, 2016
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Photo by Jesse Dodd

Photo by Jesse Dodd

This spring Mad River Alliance (MRA) and the Environmental Protection Information Center (EPIC) planned, organized, and produced a series of six Cannabis Farmer’s Compliance Workshops in the Eel, Mattole, Trinity, Mad and Humboldt Bay watersheds. The workshops informed the public of the steps necessary to achieve legal status under newly mandated state, regional and local medical marijuana laws, and provided educational resources to implement management practices that will help mitigate existing damages and protect environmental resources. Each of the 475 + participants took part in a day long course and walked away with a handbook full of detailed information and resources designed to guide them down the path of successful regulatory compliance.

EPIC and MRA tackled this project because we believe that if we work together to help local people make the transition from an unregulated, quasi-legal cannabis industry to a regulated and legal one—we will protect our fish and forests, families and small farms.

The success of this campaign is not due to any one person or group, but rather the strength in collaboration. This powerful group includes: MRA, EPIC, Humboldt Green, California Growers Association, Humboldt Bay Municipal Water District, California Department of Fish and Wildlife, North Coast Regional Water Quality Control Board, Humboldt County Planning & Building Department & Supervisors, High Tide Permaculture and Pacific Watershed Associates. These community partners made the workshop series successful.

Additionally, we’d like to give a special thank you to our supporters: Biovortex, California Growers Association, Dazey’s Supply, David Simpson and Jane Lapiner, Dirty Business Analytics, Ed Denson Attorney, Emerald Family Farms, Emerald Magazine, Ford 20 Insurance, Gallegos Law Firm, Gangier, Graphic Heart Design, High Tide Permaculture, HMBDLT, Honeydew Farms, Humboldt Bay Municipal Water District, Humboldt Green, Humboldt Sun Growers Guild, Janssen Malloy Law Firm, Kathleen Bryson Law, KMUD, Lost Coast Communications, Mattole Restoration Council, Mattole Sustainable Farmers Guild, North Coast Horticulture Supply, Omsberg Preston Engineers, Pacific Watershed Association, Paul Hagen Attorney, Royal Gold, Samara Restoration, Trim Scene Solutions, Verdant Bridge Enterprise, and Wonderland Nursery.

The 2016 Cannabis Farmers’ Workshop Series was inspired by the “Growing Green in 2014 Workshop” led by Mad River Alliance, and by the “Northern California Farmers Guide to Best Management Practices” produced by the Trees Foundation. This year’s Cannabis Farmers’ Compliance Workshop began with a partnership between the Mad River Alliance and Humboldt Bay Municipal Water District. The Water District took the opportunity, for the first time ever, to partner with a nonprofit to co-produce a Compliance Workbook and a Workshop in the Mad River watershed. To expand the impact of the project, Mad River Alliance contacted Steve Gieder of Humboldt Green, who was instrumental to the 2014 Growing Green workshop, and partnered with EPIC to produce a total of six Cannabis Farmers’ Workshops in five watersheds! EPIC’s Executive Director, Natalynne DeLapp, took on the task of leading the sections on the Humboldt County ordinance, laying out the workbook, and coordinating with state agencies and community members to realize our vision.

EPIC and MRA are grateful that we were able to produce the Cannabis Farmers’ Handbook & Workshop—thank you to everyone who attended, supported, volunteered, and participated!

Additional resources including the digital copy of the Cannabis Farmer’s Compliance Handbook can be downloaded here.

Like the Cannabis Farmer’s Workshop Facebook page for additional information and updates.

 

 


Action Alert: Stop The Great Forest Giveaway

Wednesday, May 4th, 2016
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Whites Gulch after 2014 Whites fire burned and cleared understory. Photo by Kimberly Baker.

Whites Gulch after 2014 Whites fire burned and cleared understory. Photo by Kimberly Baker.

Call it “Christmas in May”; the Klamath National Forest is set to give a big gift to the logging industry at the expense of taxpayers, wildlife and watersheds.
Take Action Now. The Klamath National Forest is offering to “sell” old-growth forests for logging in the Middle Creek and Whites timber sales for as little as 50 cents per thousand board feet. To put this amount in perspective, timber trucks will roll out of the forest for less than the price of a cup of coffee. While 50 cents cannot buy a newspaper anymore, it can buy a lot of timber.The cost of this giveaway is extraordinary.

First, these timber giveaways come at an extreme ecological cost. The U.S. Fish and Wildlife Service estimates that the Westside Project may result in the “take,” which includes potential death, of up to 103 northern spotted owls. To put this number in perspective, 103 owls would be approximately 1-2 percent of all northern spotted owls in existence (at a time when owl occupancy is declining at nearly 4% a year). Furthermore, the clear cut timber sale is likely going to result in sediment pollution and landslides into Klamath River tributaries that provide critical coho salmon habitat. The coho population in the project area is on the brink of extinction and this project could be the final straw.

Second, these timber “sales” come at great cost to taxpayers. As a “deficit” sale, meaning that the revenue from the sale will not cover the costs incurred by the Forest Service in offering it, taxpayers are going to subsidize logging of northern spotted owl habitat and the degradation of critical salmon habitat. What’s more, taxpayers will also pay to clean up the mess after logging is completed. The Klamath National Forest estimates that it will cost $27 million to treat slash from logging and “reforest” after operations damage the chance for natural regeneration. In contrast, the Klamath National Forest estimated that the project will only bring in $800,000. In other words, taxpayers will be on the hook for over $26 million dollars.

National forests are our public lands. We shouldn’t give them away to appease the timber industry.

Click here to send a letter to the Forest Service and elected officials to stop the giveaway of our public forests.
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Klamath River Timber Sales Offered at Lowest Price in Recent History

Wednesday, May 4th, 2016
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Rejuvinated forest stand after the 2014 Whites Fire burned at low intensity. Photo by Kimberly Baker.

Rejuvinated forest stand after the 2014 Whites Fire burned at low intensity. Photo by Kimberly Baker.

Klamath National Forest to subsidize clear cut logging by charging approximately $2.00 per log truck load

On Thursday, May 5, the Klamath National Forest is set to auction away critically important forests for pennies on the dollar. The agency will accept sealed bids on two Westside Project timber sales, Whites and Middle Creek, for the lowest price in recent memory. At $.50 per thousand board feet, a full log truck would be valued less than a cup of coffee. The auction comes amid protests delaying operations and an active lawsuit challenging the post-fire logging project.

“There is no other way of looking at this, Klamath National Forest is giving away our public forests,” said Kimberly Baker of the Environmental Protection Information Center (EPIC). “The public and future generations will pay the real cost, including lost wildlife and even more dangerous fire conditions.”

Because of the rock-bottom prices, Klamath National Forest will lose money on the sale—it will cost more for the agency to issue the sale than will return in revenue. In effect, taxpayers will subsidize private timber companies to log on public land above critically important salmon streams in the Klamath Watershed and remove northern spotted owl habitat. At 50 cents per thousand board feet, the agency cannot cover the costs incurred in cleaning up residual debris or “slash” after logging operations, necessitating that taxpayers bear the burden.

“The Klamath National Forest is selling old-growth trees to their buddies in the timber industry for $2 a log truck load,” said George Sexton, Conservation Director at the Klamath-Siskiyou Wildlands Center. “That doesn’t even cover the cost of cup of coffee the Forest Supervisor sips while she signs the decision to clear cut our public lands.”

To date, four of 14 timber sales that comprise the controversial Westside Project have been awarded for prices ranging between as low as $6.00 per thousand board feet, once thought to be record low prices for public land timber sales. Siskiyou Cascade Natural Resources, who purchased two of the sales, started logging and hauling last week, before legal claims can be adequately heard in court.

“Klamath salmon and clean rivers are worth much more than this,” said Kerul Dyer of Klamath Riverkeeper. “The Forest Service has no business liquidating forests for the timber industry – especially when the deals will degrade water quality in the Klamath River and its important tributaries.”

The record low prices come at an extreme ecological cost. The U.S. Fish and Wildlife Service projected that the Westside Project may result in the “take” of up to 103 Northern Spotted Owls—as many as two percent of the species of owls listed under the Endangered Species Act for protection. Logging on steep slopes above tributaries in the Klamath River will also increase sediment pollution, and could result in a local extinction of Klamath coho salmon according to the Karuk Tribe’s Fisheries Department.

“We could have had an economically viable project had the Klamath National Forest worked with, instead of against, the Karuk Tribe,” said Leaf Hillman of the Karuk Tribe. “The Karuk Tribe submitted a plan, with support from the conservation community, to the Forest Service that would have produced revenue for the local economy and protected the environment. These giveaways have shown the Forest Service’s true intentions: subsidizing big timber interests.”

The Plaintiffs are taking their case to the Ninth Circuit Court of Appeals to seek an emergency stay and preserve the status quo while legal questions can be resolved.