Children for Old Growth and EPIC v. CDF (Turwar)

Children for Old Growth and EPIC v. CDF (Turwar)

1992

EPIC and CFOG contested a plan by Miller Redwood to clear cut a 60-acre grove of previously unentered redwood/Douglas fir, which was the last such island of old-growth in Del Norte County’s Turwar Creek drainage. Suit was brought against CDF, Lloyd Keefer, Ray Utterback, Richard Wilson, the State Board of Forestry, the Secretary of the California Resources Agency, the State of California, and Miller Timber Company. Trial court held that the THP process was not subject to CEQA. (Note: this decision was issued prior to the unanimous Supreme Court decision in Sierra Club and EPIC v. Board of Forestry, which held that THPs are CEQA subject to CEQA)..)

Procedure: THP 1-92-031 DEL approved 5/11/92. EPIC filed Petition for Writ of Mandate 6/2/92 in San Francisco Superior Court (#943344). TRO issued 6/5/92. Venue changed to Del Norte County (Del Norte #92-0697).

Status: final – EPIC dismissed this challenge after the Court of Appeal (#A061092) refused to issue a stay while EPIC appealed the highly questionable trial court decision.

Attorneys: Bill Verick, Sharon Duggan.

EPIC Contact: Charles Powell.