EPIC v. CDF (Seven THPs)

EPIC v. CDF (Seven THPs)

1994

EPIC challenged California Department of Forestry’s approval of seven THPs without the issuance of an official response to public comments. Each of the THPs challenged involved residual old-growth groves, two of which were directly adjacent to suitable marbled murrelet nesting habitat. Of the seven THPs, six were Pacific Lumber plans within the Headwaters Forest complex; one was an Eel River Sawmills plan in the ‘North Fork Study Area’ of the Headwaters Forest complex. EPIC additionally alleged failures to identify significant and cumulative impacts to the marbled murrelet, but these issues were never reached by the time the case was dismissed on procedural grounds.

Procedure: THPs 1-93-398 HUM, 1-93-414 HUM, 1-93-458 HUM, 1-94-044 HUM, 1-94-086 HUM, 1-94-096, 1-94-105 HUM approved between 10/93 and 4/94. EPIC filed Petition for Writ 4/29/94 (Humboldt Ct. #94CPO317, Judge Buffington). TRO denied 5/10/94; Stay denied by Court of Appeal 5/17/94. EPIC’s motion on 7/27/94 requesting a hearing date was repeatedly delayed by the self-disqualification of three Humboldt Court judges because of conflicts. Amended Petition filed 8/17/94. EPIC’s Alternative Writ/TRO motion (9/27/94) denied and case dismissed by visiting Judge Vincent Lechowich.

Status: final – Suit dismissed on 10/4/94 because hearing date not secured within 90 days of filing suit.

Attorney: Brian Gaffney, James Pierce.

EPIC Contact: Josh Kaufman.