EPIC, et al. v. U.S. Fish and Wildlife Service, et al. (Pacific Lumber’s Habitat Destruction Plan and Unfair Business Practices)

EPIC, et al. v. U.S. Fish and Wildlife Service, et al. (Pacific Lumber’s Habitat Destruction Plan and Unfair Business Practices)

2004

Case Number: 04 CV 4647 CRB

On November 2, 2004, EPIC filed a federal lawsuit to challenge Maxxam/Pacific Lumber’s so-called “Habitat Conservation Plan” and “take” permit to kill endangered species, as well as the company’s habitual violations of its HCP and state forestry laws.

In March 2004, EPIC released a report documenting 325 violations that state officials issued to Maxxam/PL in the preceding five years, many causing severe, irreparable harm to fish and wildlife species. The lawsuit challenges these violations and the company’s bogus claims of being “certified sustainable,” arguing that these are false and misleading representations and constitute unfair business practices. The lawsuit also challenges the failure to reexamine the HCP and “take” permit in light of these violations and other information, and the severe violations of the Clean Water Act that are occurring as a result of its logging operations. EPIC was represented in this case by Sharon Duggan, Brian Litmans, and Simeon Herskovits and Andrea Rodgers from the Western Environmental Law Center.