EPIC v. Johnson I

EPIC v. Johnson I

1983

EPIC’s first forestry lawsuit established that cumulative impacts must be considered by the California Department of Forestry (CDF) in their review of timber harvesting plans (THPs). Full compliance with California Environmental Quality Act (CEQA) procedures is required in agency review of THPs. Also, the Native American Heritage Commission must be consulted if there is evidence of Native American historical sites within the THP. Georgia-Pacific’s plan to clear cut 75 acres of the old-growth redwood/Douglas fir forest of ‘Sally Bell Grove’ at Little Jackass Creek in the Sinkyone area of California’s coast prompted the lawsuit. This suit was brought by EPIC, the International Indian Treaty Council, Robert Sutherland, Richard Gienger, and Fred “Coyote” Downey against Ross Johnson as CDF Resources Manager, Jerry Partain as CalFIRE Acting Director, the State Board of Forestry, the California Department of Forestry, the Secretary of the California Resources Agency, Rex Timber, Inc., and Georgia-Pacific Corporation.

Procedure: THP #1-83-464 MEN approved 9/2/83 by CDF. EPIC filed Petition for Writ of Mandate 9/30/83 (Sonoma County Superior Court #131459). Venue changed to Mendocino County 10/21/83 (Mendocino County Superior Court #48383). Writ denied by Judge Phelps 10/31/83. EPIC appeals 10/31/83. California Court of Appeals (#A024754) decision 7/25/85 published at 170 Cal.App.3d 604 (1st Dist 1985).

Status: final – THP held to be inadequate.

Attorneys: R. Jay Moller, Sharon Duggan, Michael Solomon.

EPIC Contact: Robert Sutherland (The Man Who Walks in the Woods)