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EPIC Asks SPI to Stop Logging Owl Habitat

Thursday, February 2nd, 2012
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Billionaire Timber Baron Red Emmerson and Sierra Pacific Industries Asked to Stop Logging Spotted Owl Habitat

Conservation plan needed to end violations of federal law and promote the recovery of native forests

Today the Environmental Protection Information Center (EPIC) delivered a formal Notice of Intent to Sue Letter to the billionaire Archie Aldis “Red” Emmerson and his company, Sierra Pacific Industries, Inc., for harming Northern Spotted Owls in violation of the Endangered Species Act.  By clearcut logging within known spotted owl territories, the company is engaged in openly hostile actions against individual spotted owls and their young, seemingly designed to eliminate the owl from its lands. The notice letter is required under the law and begins a process that allows EPIC to file a lawsuit after a period of 60 days.

Billionaire Red Emmerson is listed by Forbes as having a net worth of at least two and half billion dollars.  Emmerson’s Sierra Pacific Industries is the largest landowner in the state of California with roughly 2 million acres under its ownership.

“Why does a billionaire need to kill spotted owls?” questioned Andrew Orahoske, conservation director for the Environmental Protection Information Center.  “Small landowners don’t have a chance competing with Sierra Pacific Industries, and yet many small landowners conserve spotted owls on their properties.  Red Emmerson owes it to everyone to protect the spotted owl” concluded Orahoske.

The Northern Spotted Owl is dependent on late-successional and old-growth forests.  The U.S. Fish and Wildlife Service listed the owl as a threatened species in 1990 due to extensive habitat loss from intensive logging of native forests.  Since that time, population analyses have documented range-wide declines that are attributed to the continued loss of habitat from logging on private lands and from the invasion of a non-native competitor, the Barred Owl.  Clearcut logging fragments older forest stands and exacerbates the threat posed by Barred Owl invasion into forests occupied by Northern Spotted Owl.  Indeed, researchers have found a direct correlation between the likelihood of Barred Owl invasion of Spotted Owl territories and the lack of older forest.

“The high rates and intensities of clearcut logging on Sierra Pacific’s lands are completely out of line with protecting spotted owls,” stated Rob DiPerna, forestry reform advocate for EPIC.  “This conflict is completely avoidable, if only Sierra Pacific would simply respect the forests.”

Between 2009 and 2011 alone, Sierra Pacific Industries’ submitted logging plans that threaten to destroy over 5,500 acres of suitable habitat within known spotted owl territories.  Sierra Pacific is currently operating without an approved “take” permit that is required under the law for supervising industrial activities within a protected species habitat.  Instead, Sierra Pacific is operating outside of the law and engaging in the systematic liquidation of spotted owl habitat.  If necessary, EPIC is prepared to take Sierra Pacific to court to stop these atrocious acts.

The Environmental Protection Information Center (EPIC) works to protect and restore ancient forests, watersheds, coastal estuaries and native species in northern California. EPIC uses an integrated, science-based approach, combining public education, citizen advocacy and strategic litigation.

EPIC Press Release


EPIC Joins in Renewed Push for Protecting Klamath Chinook

Wednesday, February 1st, 2012
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Government Delay, Drought Prompts Renewed Push for Protection of Klamath River Chinook Salmon

EPIC, Oregon Wild and the Center for Biological Diversity filed a formal notice of intent to sue the National Marine Fisheries Service today for failing to decide, as legally required, whether upper Klamath River chinook salmon deserve protection under the federal Endangered Species Act. In response to a January 28, 2011 petition from the groups, the Fisheries Service determined in April 2011 that the salmon may warrant protection and began a status review that was supposed to be completed within one year of the petition. The petition review comes at a perilous time for Klamath salmon as fears of a major drought linger.

“Klamath River chinook have suffered severe declines in the face of a century of dam building, logging, hatcheries, massive water withdrawal and pollution,” said Noah Greenwald, endangered species director at the Center for Biological Diversity. “These magnificent fish need Endangered Species Act protection if they’re going to have any chance at survival and recovery. We very much hope protection will be provided in the next 60 days so we won’t have to file suit.”

The groups’ petition requested protection first and foremost for spring-run chinook, once the most abundant run of Klamath chinook but now near extinction. Biologists now count just 300 to 3,000 wild-spawning spring chinook each year. These fish are marvels of evolution, living most of their lives in the Pacific Ocean only to return to the river in the spring with enough fat reserves to survive without eating until early fall, when it’s time for them to spawn. They have long been prized as one of the best-tasting salmon species and historically the most economically important Klamath fish.

“We’ve seen chinook numbers dwindle to the point of crisis and with a looming drought year, we can’t wait any longer to figure out a plan to make sure these fish don’t go extinct,” said Steve Pederey, conservation director with Oregon Wild.

The Klamath Basin was once the third-largest producer of salmon and steelhead on the West Coast, but now produces fewer and fewer wild fish as a result of dams, habitat degradation and other factors. Overall, at least 300 miles of spawning habitat in the Klamath Basin have been made inaccessible by dams. Because of declines in the overall numbers of returning wild chinook, the petition also asked the Fisheries Service to consider protecting wild fall-run chinook.

“Chinook salmon are essential for sustaining wildlife and cultures in the Klamath Basin,” said Andrew Orahoske, conservation director for the Environmental Protection Information Center. “These amazing salmon are a vital, life-giving force to river communities and deserve to be protected for future generations.”

Recent river management has exacerbated the chinook’s plight. In the fall of 2002, Klamath River chinook suffered one of the worst fish kills in Northwest history when as many as 70,000 adult salmon died before spawning. Excessive water withdrawals, primarily from the federally run Klamath Irrigation Project, resulted in low flows and warm water temperatures that allowed disease to develop and spread quickly. Continued low flows and warm temperatures are key drivers of an ongoing disease crisis in the river that has sharply reduced survival of juvenile wild fish on their way to the ocean.

The federal delay in reviewing the Endangered Species Act petition for Klamath chinook comes at a dangerous time. Lower than normal snowpack in the region’s mountains has prompted worries that the water year could be even worse than the drought that precipitated the 2002 fish kill. The petitioners are hopeful that Endangered Species Act protections can help to shield Klamath chinook from the potentially disastrous effects of low river flows.

The Center for Biological Diversity, Oregon Wild, Environmental Protection Information Center and The Larch Company filed the notice of intent.

The Center for Biological Diversity is a national, nonprofit conservation organization with more than 320,000 members and online activists dedicated to the protection of endangered species and wild places.

Since 1974, Oregon Wild has worked to protect and restore Oregon’s wildlands, wildlife, and waters as an enduring legacy for future generations.

The Environmental Protection Information Center (EPIC) works to protect and restore ancient forests, watersheds, coastal estuaries and native species in Northern California. EPIC uses an integrated, science-based approach, combining public education, citizen advocacy and strategic litigation.

The Larch Company is a for-profit, non-membership conservation organization that represents species who cannot talk and the human generations to come.

Background Information Sources:

http://www.wildcalifornia.org/blog/epic-petitions-for-klamath-chinook-protections/

http://www.wildcalifornia.org/blog/protect-chinook-salmon-on-the-klamath-and-trinity-rivers/

http://www.wildcalifornia.org/blog/dewatering-results-in-record-fish-kills/

Press Release

Notice Letter


EPIC Grazing Reform Project—Protecting the Marble Mountain High Country

Thursday, January 26th, 2012
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Felice Pace pointing out bovine waste immediately adjacent Summit Lake, Shackleford Allotment.

As 2012 rushes forward, the Environmental Protection Information Center (EPIC) continues to work around the clock to protect and restore Northern California’s treasured environmental resources. Not surprisingly, certain high-profile matters rightfully capture the public imagination and spotlight. From its flagship Save Richardson Grove Campaign, to its efforts to safeguard Northern Spotted Owl habitat, to its endless monitoring of timber harvest plans on private industrial forestlands, EPIC has proven itself to be an effective, hardworking, and enduring champion of Northern California’s beloved flora and fauna.

In the midst of these preeminent initiatives, it’s not hard to overlook EPIC’s work on less eye-catching sources of environmental degradation. Among the many unsung endeavors is EPIC’s effort, in cooperation with the Klamath Forest Alliance (KFA), to reform livestock grazing in the Klamath National Forest. Felice Pace of KFA spearheaded the collaboration in 2010. A longtime environmentalist, wildlands explorer, and resident of Scott Valley, Pace has witnessed firsthand for over 35 years the environmental impacts of public lands grazing.

Appalled by the conditions, Pace took matters into his own hands. He would begin conducting compliance monitoring across select grazing allotments in the Trinity Alps, Marble Mountain, and Russian Wilderness Areas of Klamath National Forest.

Streambank trampled by cattle resulting in reduced riparian vegetation, streambank instability and sedimentation, Shackleford Allotment.

Before we proceed, let me briefly sketch a picture of how public lands grazing works.

An individual or permittee pays a small fee – often below market value – to the United States Forest Service (USFS) in order to gain access to a piece of land or allotment on which they will have exclusive rights to grazing. On the one hand, the FS acts as the representative of the government and is thus responsible for implementing and enforcing applicable laws, regulations, and rules. On the other hand, the permittee is responsible for managing their cattle in a manner that is consistent with the terms and conditions of their contract.

However, with inadequate enforcement by the USFS, the permittees are not held accountable and our natural resources are degraded. Hence, the need for a third party to hold the FS accountable.

As a rookie intern with EPIC, I started working with Pace to reform the way in which this process manifested. We began by submitting a Freedom of Information Act request to the USFS soliciting myriad documents relating to each grazing allotment. Upon receiving this trove of information, we reviewed the documents bearing two chief objectives in mind: 1) learn the rules of the road; 2) identify any aberration from those rules. As relative outsiders, we had to educate ourselves in order to be effective agents of reform.

Cattle waste adjacent stream between Lower and Upper East Boulder Lake, Mill Creek Allotment.

Thereafter digesting this information, we selected particular grazing allotments on which to conduct compliance monitoring. This is truly when the fun begins.

During 2011, Pace and I spent many days hiking throughout the awe-inspiring landscapes of the Klamath National Forest. With only the bare essentials crammed into our backpacks – save the chocolate and cheese – we trudged up and down mountains, traversed streams, wandered through old-growth forests, and glided across rolling pastures. The extensive diversity and distinct beauty of the Klamath National Forest is spectacular to behold. Our objective was straightforward: identify patterns of degradation and mismanagement that are not permitted within the contours of applicable environmental protections, and thereafter present our findings to the FS so as to stimulate reform that ensured more controlled grazing practices. Initially this process of identifying unacceptable environmental conditions was challenging; however, with practice and guidance from Pace, the task progressively became second nature. In essence, we sought to illuminate in-the-field conditions in order to hold accountable responsible parties for ecological injuries as well as excite a grazing management regime that manifestly safeguards our natural resources.

Bovine waste in wetland with surface scum near Upper East Boulder Lake, Mill Creek Allotment

Our findings suggest a rather entrenched mismanagement regime that unfortunately renders at risk certain natural resources. The most ubiquitous and worrisome observations included: 1) cattle waste having been directly deposited in wetlands and/or adjacent waterbodies; 2) cattle trampling streambanks leading to erosion and sediment pollution; 3) overutilization of vegetation in preferred meadows; 4) mechanical damage to vegetation in wet pastures and wetlands; 5) browse lines on willow and alder brush stands. The signature shortcoming of the existing management regime is the absence of a rule requiring regular range riding and herding by permittees. Our research suggests this regulatory inadequacy permits cattle to concentrate in preferred – often-unsuitable – locations for extended durations of time. This inevitably translates into concentrated ecological injuries. It’s a rather straightforward concept: if cattle are left to their own devices, they will adhere to their inherent preferences, notwithstanding environmental implications. In order to mitigate these impacts, we recommend the FS implements a mandatory minimum herding requirement for all permittees as well as require all permittees to keep and submit to the FS an annual management log. We believe the former measure alone would curtail the degree to which livestock grazing negatively impacts natural resources, whereas the latter would provide greater transparency and accountability.

Browse line on willow stand in Back Meadows, Big Meadows Grazing Allotment.

The politics of public lands grazing are not cut-and-dry. They are historically rooted in the contentious competition between the attainment of multiple-use objectives. Among these competing values are recreation, riparian management, wildlife habitat, endangered species management, and cultural resource protection. Understandably, stakeholders representing these various interests engage the decision-making process in order to buttress their particular use.

Meanwhile, the government strives to create a legal environment whereby multiple-use objectives are achieved. This balancing act, we recognize, is incredibly challenging and requires significant resources and commitment even in times of budget shortfalls and staff downsizing.

Nevertheless, it is the responsibility of government to adequately implement and enforce regulations that are on the books. This feature is cut-and-dry.

Victor Reuther overlooking Upper Albert Lake, Etna Creek Allotment.

At the end of the day, even environmental protection regulations crafted to perfection will fall short of safeguarding our natural resources if not adequately enforced. This realization is at the heart of our initiative. In the imperfect world in which we reside, civil society must learn to take matters into its own hands. As concerned critics of the existing grazing system in the Klamath National Forest, our vision isn’t one of eliminating grazing, but rather, ensures that an adequate enforcement regime exists so as not to leave vulnerable our precious natural resources. We believe it is the responsibility of mankind to safeguard the world’s treasured environmental diversity for future generations of all flora and fauna.

Victor Reuther has been interning with EPIC since September 2011. He is a recent graduate of Humboldt State University where he studied Political Science.  He will be attending law school this fall.



UPDATED! Stop SB 455 – Save Our Forests

Tuesday, January 24th, 2012
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UPDATE: Everyone’s efforts paid off, as we clearly changed the dynamics surrounding this bill. It did pass out of the California Senate, but with the bare minimum of 21 votes. We sent senators hundreds of email messages, and demonstrated leverage in Sacramento. This means that we are much better positioned to stop this bill in the assembly and promote a legislative proposal that offers true advances in the legal framework that guides forest management. Stay tuned as we keep working on this issue in our Industrial Forestry Reform Program.

Thanks for taking action to stop a dangerous new bill in the California Senate: SB 455 (Pavley).  This bill would dramatically expand the specific 3-year timber harvest plan required under current law, giving logging companies the option of preparing a very general 20-year plan covering up to 100,000 acres.  Astonishingly, the bill proposes no increased protections over existing law, no restrictions on clearcutting, and fails to meaningfully address cumulative impacts to watersheds and endangered species. Furthermore, the bill fails to provide for necessary public participation to ensure that our forests are managed in compliance with the law.  As EPIC and our members know well, but for the public’s watch-dogging efforts, hundreds of thousands of acres of precious native forests would be lost due to the lax oversight by regulatory agencies.  Nor does the bill provide the kinds of enforcement and monitoring provisions that would protect against abuse.  In exchange, industrial timber giants like Green Diamond Resources Company and Sierra Pacific Industries would be able to lock in 20-year plans for aggressive clearcutting across hundreds of thousands of acres in California.

Richard Gienger, longtime forest activist from southern Humboldt/ northern Mendocino, provided EPIC with his dire assessment of SB 455:

“SB 455 is misguided in so many ways – and takes energy away from the major, and often quite simple, reforms that need to happen on private and state forestlands in California. Instead of making sure that information is usefully organized and easily accessible to actually respond to legacy cumulative effects on all California forestlands, it empowers the large companies to make their own environmental documents in a process that is largely out of reach of the public and public trust agencies. Each huge so-called “watershed THP” would last for a human generation. Instead of improving existing long-term planning processes like the flawed Sustained Yield Plan process, a whole new ‘wheel’ is invented that facilitates a plantation-styled forestry that dooms vast acreages to homogeneous tree farms – with no forests being older than 45 to 55 years old. SB 455 does not ensure a sustained yield of high quality timber products, nor does it provide for recovery of invaluable wildlife, water, and fisheries resources. This is all being pushed forward under the guise of improving “carbon sequestration” on California’s timberlands – with the actual benefits being highly speculative, abysmally small or actually negative, and are not even enumerated in the version being considered by the State Senate on Monday. Despite ostensible good intentions of SB 455 supporters, the contents of the bill are a half-thought-out mistake, which may easily be construed as pandering of the worst sort. The people, forestland, and legislators of California deserve a better effort.”


ESA Protection Closer for Humboldt Marten

Wednesday, January 11th, 2012
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Endangered Species Act Protection Closer for Rare Forest Carnivore Once Believed Extinct

Humboldt Marten at a bait station for observation in Six Rivers NF.

The U.S. Fish and Wildlife Service announced today that the Humboldt marten, a rare forest carnivore found only in coastal old-growth forests in Northern California and southern Oregon, will be reviewed for protection under the Endangered Species Act. The Environmental Protection Information Center and Center for Biological Diversity petitioned for protection for the marten in 2010. The Humboldt marten is a cat-sized carnivore related to minks and otters. Because nearly all of its old-growth forest habitat has been destroyed by logging, the Humboldt marten is now so rare that it was believed extinct for 50 years.

“Fewer than 100 of these beautiful and secretive mammals survive,” said Tierra Curry, conservation biologist at the Center. “We are thrilled that the marten is moving toward the Endangered Species Act protection that it needs to have a real shot at survival and recovery.”

“Clearcut logging and short rotation forestry has replaced diverse native forests with oversimplified tree plantations across thousands of acres of industrial timberland, driving the Humboldt marten to the brink of extinction,” said Andrew Orahoske, conservation director at EPIC in Arcata. “In order to save this unique carnivore from oblivion, we need to ban this damaging forestry practice and promote the restoration of native forests immediately.”

The historic range of the marten extends from Sonoma County in coastal California north through the coastal mountains of Oregon. The Humboldt marten was rediscovered on the Six Rivers National Forest in 1996. Since that time, researchers have continued to detect martens using track plates and hair snares. In 2009 a marten was detected at Prairie Creek Redwoods State Park by remote-sensing camera, the first to be photographed in recent times. Martens are 1.5 to two feet long and have large triangular ears and a long tail. They eat small mammals, berries, and birds, and are eaten by larger mammals and raptors

“The Endangered Species Act has been successful at preventing the extinction of 99 percent of listed species. The Humboldt marten is in dire need of this effective protection and we urge the Service to protect it without delay,” said Curry.

Following today’s “positive 90-day” finding, the U.S. Fish and Wildlife Service will now conduct a one-year review of the animal’s status to determine if the marten will be protected under the Endangered Species Act.

 

Contact: Andrew Orahoske, Environmental Protection Information Center (EPIC),

(707) 822-7711, andrew@wildcalifornia.org

Tierra Curry, Center for Biological Diversity, (928) 522-3681


Wolf enters California: Wild California Just Got a Little More Wild

Thursday, January 5th, 2012
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For the first time since 1924, a wild wolf is roaming the State of California.
According to the California Department of Fish and Game and the Oregon Department of Fish and Wildlife, on December 29, 2011, a wolf crossed into a remote area of Siskiyou County north of Mt. Shasta.  The young male wolf was born in the Hells Canyon area of the Snake River in northeastern Oregon in 2009.  Biologists outfitted the wolf with a GPS tracking device in February 2011 and have been receiving location information ever since.  The map below shows the path of the wolf, dubbed OR-7 by researchers.

Wolf Recovery in Northern California
Many people are asking:  Can wolves live in California?  Most people think of Yellowstone National Park, Idaho or Montana when they think of wolf habitat.  While it may seem a little strange at first, California has extensive areas of suitable habitat for wolves.  In particular, large wilderness areas such as the Marble Mountains, Trinity Alps and backcountry areas around Lassen and Mt. Shasta have high potential to support wolves.  Furthermore, once re-established in northern California, wolves could feasibly repopulate the Sierra Nevada which contains a large amount of suitable habitat in its own right.  Researchers modeling the suitability of habitat for wolf recovery determined that the southern Oregon Cascades and vast areas of northern California’s wild areas would support wolves (Carroll et al. 2006).  For a comparison of our region to core wolf country in the northern Rockies, the maps below show suitable habitat if lands are managed for restoration of natural processes and wildlife populations.  Of particular importance is the removal of roads.  Darker green indicates the best habitat while light green and red show less suitable habitat that would act as linkage areas.

Suitable wolf habitat in Northern California and Southern Oregon

Suitable wolf habitat in Idaho, Montana and greater Yellowstone

 

 

 

 

 

 

 

 

 

 

The questions and answers about wolves returning to California are becoming clearer day by day.  As biologists learn more about wolf behavior in Oregon, this knowledge will be directly applicable to California.  As leading wolf researchers have argued, large predators can make a comeback to California (Carroll et al 2001).   We are now beginning to see the proof.

At EPIC, we intend to advocate for wolves as strongly as we advocate for all native biological diversity in northern California.  That means continuing our important work in defending our forests and wild areas from exploitation and destruction.  Because of this work and the tireless efforts of many individuals to defend and restore our wild landscapes, we can offer something to this wild wandering wolf.   Whether he remains in our region is anyone’s guess, but we hope that he likes what he finds and is joined by more wolves in the near future.

Literature Cited:

Carroll, C., Phillips, M.K., Lopez-Gonzalez, C.A. and N. H. Schumaker.  2006.  Defining recovery goals and strategies for endangered species: the wolf as a case study. Bioscience 56:25-37.  Available at: http://www.klamathconservation.org/docs/carrolletal2001b.pdf

Carroll, C., Noss,R.F., Schumaker, N.H.and P. C. Paquet.  2001.  Is the return of the wolf, wolverine, and grizzly bear to Oregon and California biologically feasible?  Pp. 25-46. In:  Maehr D, Noss RF, Larkin J, Eds. Large Mammal Restoration: Ecological and Sociological Challenges in the 21st Century. Washington (DC): Island Press.


Looking Ahead into 2012

Wednesday, December 14th, 2011
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The year 2011 has seen many changes at EPIC and I am grateful to be part of a talented organization supported by a dedicated community.  As Conservation Director, I have the opportunity to advance our mission through four main program areas:  Public Lands Defense, Clean Water, Endangered Species and Biodiversity Protection, and Industrial Forestry Reform.  With this responsibility, I am deeply indebted to our staff members and their unflagging commitment to Wild California.

From our deep roots and traditions protecting old-growth forest and promoting new beginnings for restoration in southern Humboldt and Mendocino, to high atop the peaks of the Marble Mountains, Trinity Alps and beyond, EPIC ensures that the voice of each and every organism, great and small, is heard loud and clear.

EPIC continues to champion increased protections for the Northern Spotted Owl.  Over 30 years of rigorous scientific research has made clear that the owl is in imminent threat of extinction.  Consistent documented population decline throughout the owl’s range is a confirmation of many biologists’ worst fears.  Without significant new conservation measures, particularly on private lands, the Northern Spotted Owl will go extinct.  Therefore, we are at a turning point in spotted owl conservation and EPIC is committed to leading the way by garnering increased protections for owls and their habitat.  We will use a combination of traditional advocacy and new strategies. For example, we will explore opportunities for rewarding small landowners that embrace spotted owls on their lands.  A cooperative approach with small landowners is sorely needed, not only for spotted owls, but for the local human community as well.  Simultaneously, EPIC will step up the pressure on destructive industrial logging companies, like Sierra Pacific Industries, that have repeatedly ignored the needs of spotted owls, and the larger community dependent on our forests.

Defending our state parks from all-out-assault has become an even greater task than we ever imagined.  EPIC’s staunch opposition to destructive and wasteful highway developments has galvanized our supporters into a force to respect in courtrooms and beyond.  As the year unfolds, we are confident that Richardson Grove will not only be saved, but fortified in the process.  And in response to this assault, EPIC will demand new conservation measures to lessen the impacts of roads throughout Wild California.  If there is one message to take from Richardson Grove, it is that a new path forward is needed, preferably one that promotes local communities’ intimate connection to state parks and the natural landscape.

Our work on national forests is absolutely foundational, and defines much of the current lay of the land in terms of regional forest and watershed protections.  By enforcing laws that guard our national forests from plunder and ruin, EPIC defends the integrity of these lands and simultaneously promotes restoration.   This work is instrumental in healing past scars and building community resilience.

In reforming private industrial forestlands, EPIC is at the forefront of protecting forests across northwestern California.  Our review of timber harvest plans covers at least six counties, and our comments create beneficial results for endangered species and wild country.  By holding the bad actors accountable, EPIC enforces laws designed to preserve our cherished homes from blight and greed.  The authoritative reach of EPIC’s private forestry watch-dogging is monumental.

We have a lot in store for 2012, and we are all rising to the occasion.  Strong and smart is our direction for the coming year.  Moving forward, we will honor the commitment of our many hardworking supporters, and continue the EPIC tradition of being a lean, witty, and hard-hitting organization that gets results.


Richardson Grove Decision on the Horizon

Thursday, December 8th, 2011
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Eel River Fog Blankets Forest (Murray Cooper Photo)

It has been several years that EPIC has been standing up to the California Department of Transportation (Caltrans) proposal to further develop Highway 101 through the ancient redwood gateway in Richardson Grove State Park. Despite receiving heavy public opposition, Caltrans pushed obstinately forward with their plan. This stubbornness resulted in a pair of legal challenges to the Caltrans project, in both of which EPIC has played an integral role. The cases are now steadily heading towards a full hearing on their merits, and the court’s decision can be anticipated on the horizon just beyond the New Year in early 2012.

On December 6, 2011, attorneys for EPIC and plaintiffs filed a motion for summary judgment in federal court.  This filing is an important step in the process that will lead to the summary judgment hearing in the federal court in San Francisco on February 23, 2012.

The motion and supporting memorandum explain the precise legal claims against Caltrans, and illuminates the failure of the agency to follow this nation’s bedrock environmental laws.  EPIC and the plaintiffs request that the court declare Caltrans in violation of laws, and direct the agency to re-examine the Highway 101 widening project through Richardson Grove State Park.  Caltrans’ project threatens irreplaceable and rare majestic old-growth redwoods at risk of significant and, in fact, mortal impacts, while also potentially causing several other significant environmental impacts within the state protected area. The law requires, and the people of California and the nation as a whole deserve, that Caltrans undertake a complete analysis of the Project’s impacts.

Redwood Temperate Rainforest (Murray Cooper Photo)

There is a parallel legal challenge to the Caltrans proposal for Richardson Grove in State Court; the hearing in that case will take place in Eureka, in Humboldt County Superior Court, on March 14, 2012.

EPIC and plaintiffs have stood their ground against Caltrans and project proponents through a long and contentious process.  All of this hard work has produced results by securing a preliminary injunction against the project, raising grassroots support in opposition to Caltrans’ plans that threaten some of the last old-growth redwoods in the world, and putting the incoherence of the State of California’s management of our globally important redwood parks in the spotlight. We are working towards a favorable decision, and aspire to have this be a landmark case in which the Government of the State of California will reexamine it’s priorities and improve it’s policies in terms of directing state agencies and protecting biodiversity. Kudos are due to our citizen coplaintiffs, and to the Center for Biological Diversity and Californians for Alternatives to Toxics, for everything they have done on this journey. We extend gratitude to our attorneys for prosecuting this case pro bono and doing an outstanding job, and we thank all of the community members who have been, and will be, supporting us in this important advocacy work.

Document 102- Plaintiffs Motion for Summary Judgment

PetitionersOpeningMemo


Thanks and Appreciation: An EPIC Holiday Message

Monday, December 5th, 2011
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Winter light on oak branches. Murray Cooper Photo.

As the year comes to a close, we at the Environmental Protection Information Center (EPIC) are reflecting on the efforts EPIC has undertaken on behalf of Northwest California’s endangered species and wild areas during 2011, and we are grateful to all of the people that have stepped up and joined our effort to protect Wild California.

EPIC has undergone important staffing changes with exceptional smoothness, we have strengthened our advocacy work, and we are succeeding at making EPIC an innovative, effective and independent environmental watchdog organization.

In 2011 we:

Defended Richardson Grove State Park from unnecessary highway development, halting the ill-advised Caltrans proposal for widening Highway 101 with a Preliminary Injunction granted in Federal Court;

Put an end to illegal grazing in Tolowa Dunes State Park, as well as engaging parks management to enforce prohibitions against off-highway vehicle use in that park;

Commented on dozens of Timber Harvest Plans slated for private industrial forestlands across our region, forcing changes in harvest activities that have directly protected the habitat of endangered species like the Northern Spotted Owl and Coho Salmon;

Monitored and secured changes on numerous commercial timber sales on National Forest lands, and supported legal strategies addressing damaging grazing, logging, mining, and travel management issues that present direct conservation threats to our public lands;

Advocated for the legal protections of species like the Humboldt Marten, the Pacific Fisher, the Klamath Spring Chinook Salmon, and the Marbled Murrelet through the innovative use of the United States Endangered Species Act;

–Supported local residents grappling with environmental challenges who look to EPIC as a clearinghouse for information on managing environmental issues.

The staff and board of EPIC want to extend Thanks and Appreciation to all of the individuals, businesses, and sister organizations that have contributed money, goods, time, talent, and love to our organization. It is our members that make EPIC a unique expression of the redwood coast community; and it is this foundation of support within our community that keeps EPIC alive and fighting for the natural wonders of our home. Importantly, as we look ahead and prepare for the coming year of 2012, we need our community to dig deep and make a year-end contribution to EPIC today!

The environmental challenges we are facing are multiple and complex, and 2012 promises to break the mold of what we have come to expect in environmental politics.

Valley Fog and Intertwining Forest. Murray Cooper Photo.

An emerging nationwide social movement addressing the severe inequalities in our society is growing by leaps and bounds, while at the same time the most dangerous and anti-earth political establishment in decades has captured the US Congress, threatening to unravel the very foundation of environmental law that provides protections for water, air, and biodiversity. On the state level, from park closures to the unfunded mandate of regulatory agencies, the signs are clear that many politicians are ready to sacrifice the environment on the altar of economical expediency. There are unimaginable geopolitical events awaiting us in the next year, and the global economy is tottering under the weight of its own surreal unsustainable dependence on the unfettered exploitation of people and natural resources.

This precarious state of affairs is a strong argument for becoming a member of EPIC and for making a significant donation today! Investing in our effective organization is your insurance for having a consistent and visionary voice for the Northwest California environment in a tumultuous political arena and convoluted economic playing field.

We thank you for considering EPIC in your year-end giving, and we thank you for all of the support and dedication that you have provided us this year. We thank the forests and the rivers for the lessons and humility that they teach us, and for the bounty that they provide us. The glorious beauty of the soft golden sun caressing the moss and lichen laden upper branches of an elder oak tree is the aesthetic essence of our drive to contribute our energies to integrating human and natural communities on the North Coast of California. The health and vitality of our futures, and that of our children and grandchildren, is contingent upon our ability to respond to the cries for help from a stressed landscape. Over the years EPIC has gained the trust of our supporters, and now more than ever we need people to pitch in to this collective effort. Make your donation today, and rest assured that the guardian of your wild backyard will be ready to serve you and our planet in the year to come.

THANK YOU!


No Relief for Stewardship Crisis in California State Parks

Wednesday, November 16th, 2011
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This historic photo is of a "lost" vehicle at Tolowa Dunes State Park

As the year 2011 starts to draw to a close, the stewardship crisis in the California State Parks System is clearly becoming more acute. The disastrous plan to close specific park units, including a disproportionate number of parks in Northwest California, continues to unfold without any promise of relief, while many other park units not on the closure list face dire conservation threats. Maintenance backlogs continue to pile up through out the system, and there are concerns that the current budget cuts and lack of investment in the Department of Parks and Recreation is going to cause long-term damage to the capacity of parks administration to carry out their obligation to care properly for these natural jewels of global importance.

To respond to this crisis, the Environmental Protection Information Center (EPIC) is steadily developing an agile and aggressive State Parks Defense Project as part of our Public Lands Program. The contribution that EPIC is making to the broad community of citizens and organizations that oppose the misguided and inappropriate California Department of Transportation (Caltrans) Highway 101 development proposal for Richardson Grove State Park is, without question, our flagship State Park Defense initiative. In conjunction with this important litigation to defend the ancient redwoods in Richardson Grove, EPIC has embarked upon a series of strategies designed to address specific conservation threats to parks through out our region. The following is a brief overview of our assessment and lines of action on a few issues concerning the state parks stewardship crisis.

Richardson Grove State Park and Jedediah Smith State Park

EPIC is positioned to succeed in our legal challenge to the Caltrans Highway 101 widening proposal for RIchardson Grove State Park. The Preliminary Injunction secured in federal court against Caltrans on their Richardson Grove proposal remains in effect until the hearing for summary judgement, which is scheduled for February 23, 2012. Staff and attorneys for EPIC are working hard to prepare briefings and fully develop arguments for this legal strategy, as well as make headway on parallel political and media strategies. We ask members and supporters of EPIC to anticipate the new letter writing actions and public education efforts that will be rolled out in the coming weeks and months. We are excited to put the Richardson Grove issue in the spotlight again, especially as we enter 2012 and get closer to the late February hearing date.

At the same time, our ongoing research confirms that the Caltrans proposal for widening Highway 199/197 through Jedediah Smith State Park threatens the ancient redwoods in that park to a greater degree than in Richardson Grove. We are monitoring that proposal closely, and we are intent on being sure that Caltrans gets the message from our defense of Richardson Grove: Hands Off Our Ancient Redwoods!

State Legislative Hearing Highlights Incompetence in State Park Closure Plan

On November 1 there was a joint legislative hearing by the Assembly Committee for Water, Parks, and Wildlife and the Assembly Committee for Accountability and Administrative Review. During this hearing state legislators had a chance to question representatives of the Department of Parks and Recreation, the agency that is charged with the stewardship of the California State Park System. One predictable result of the hearing has confirmed what EPIC has been saying since the park closure plan was first announced: there is undeniable evidence that park leadership failed in their responsibility to design a coherent and viable formula for the proposed closures. The stunning lack of methodology, the absence of transparency, and the essentially arbitrary and capricious nature of the establishment of the plan for park closure and the list of parks to be closed is shameful, and reflects poorly on Governor Jerry Brown, whose environmental legacy will be written upon the vandalized walls of bathrooms in closed parks across the state.

Interestingly enough, it took six months for the state legislature to come to the same conclusion about the incoherent parks closure plan that EPIC had stated publicly upon first glance. With total confidence that EPIC’s  membership is in strong support of our demand that the California State Park System must be provided the robust public funding that such valuable and irreplaceable ecological and economical assets merit, we will continue to pursue political strategies that do more than bemoan the tragedy of the park closures, but rather generate leverage and momentum to halt any further closures and begin to reverse this tragic course.

Huffman Bill Becomes Law

One of the most celebrated rescue packages for the parks slated for closure is Assembly Bill 42, sponsored by Marin Assemblymember Jared Huffman, which provides legal structure for certain not-for-profit organizations to enter into agreements with the state to assist in the management of park units that are slated for closure. This is clearly an important emergency response that may work smoothly for a few park units, and EPIC is comfortable in seeing this tool used as a short term solution to bridge the stewardship gap presented by the ill-conceived closure plan. There are, however, some very serious dangers present in this bill, and we are concerned about the passivity of decision makers and mainstream environmental interests to settle so easily and rapidly for a solution that for all intents and purposes is a first step towards the privatization of our state parks. Even proponents admit that this strategy will not provide any relief for many of the park units threatened by the increased off-road vehicle use, vandalism, timber theft, poaching, indiscriminate cannabis cultivation, and facilities deterioration that will result from closure. We also have serious reservations about the drain that this type of solution will have on an already severely stressed not-for-profit sector in rural California. EPIC will monitor the implementation and the ramifications of this law closely, as well as pursue appropriate collaboration and consultation with local organizations that do endeavor to step up to the plate for their local parks and do the hard work in safeguarding public assets that the State of California is now shirking.

State Parks Promises to Curb Off-Highway Vehicle Use at Tolowa Dunes

It is important to celebrate our successes this year in defending the natural treasures of our state parks. In particular, EPIC has had excellent success this year in efforts to influence conservation management of the Tolowa Dunes State Park. We succeeded this summer in finally getting the parks administration to terminate an illegal grazing permit, and we have had positive engagement with the park administration that promises to lead to greater enforcement of prohibitions against off-highway vehicle use on the beach and the dunes of Tolowa Dunes. EPIC stands by our position that OHV users have multitudes of locales to pursue their motor sports, yet rare and endangered species like the snowy plover only have so many places to call home. Our message is that off-highway vehicle use is totally inappropriate in Tolowa Dunes State Park. We will continue to work to end inappropriate OHV activity at Tolowa Dunes, and other park units threatened by this activity, and we welcome the conservation oriented management changes by the state parks administration that are an important step towards this objective.

Does this Dark Cloud Have a Silver Lining?

Unfortunately, the list of parks that are on our State Park Defense Project radar screen is tending to get longer, and not shorter. Both up and down stream on the South Fork of the Eel River from Richardson Grove State Park are Benbow Lake and Standish Hickey State Recreations Areas, which are both facing uncertain futures and closure. Our research on the planned closure of Grizzly Creek Redwoods State Park has revealed severe inconsistencies between the conservation promise of the famed (and expensive!) Headwaters Deal and the current closure plan. The use of toxic pesticides for ineffective control of invasive species has been a concern at Humboldt Redwoods State Park, as is a proposal by Caltrans to build four new bridges over key fish bearing streams along the Avenue of the Giants. Destructive vehicle use at Usal Beach in the Sinkyone State Wilderness continues to be a major conservation problem at that remote spot. And the economic impacts of the closure of several of the Mendocino Coast parks have also been largely ignored. Responding to these threats, and more, are making up the body of EPIC’s State Park Defense Project as we head into 2012.

Regardless of the challenges present in responding to the current stewardship crisis in our state parks, we at EPIC have come to the conclusion that it is possible that the closure threat and emergency in our redwood parks is what is most needed to get citizens in Northwest California to begin to fully appreciate the profound and immense economic, educational, recreational, and environmental values of our state park system. Once these values are celebrated and held in common by our community it will be a natural step to demand of our political representatives a forward thinking action plan that will have the objective of protecting and preserving our state parks for the future generations. EPIC will be working on these issues strongly in 2012, and we are excited to be a strong voice for our community and our members to demand long-lasting solutions to these problems. Stay tuned for an exciting series of actions in our State Parks Defense Project in the coming year!


CalFire and DFG battle over “Late Successional” forest

Wednesday, November 16th, 2011
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Late Successional Forest in "Casey NTMP" Mendocino County

As so often happens, The Department of Forestry (Cal Fire) and the Department of Fish and Game (DFG) are at loggerheads over protection measures for highly sensitive and rare public trust forest resources.  The case of the “Casey” Non-industrial Timber Management plan (NTMP) provides another example of all that is wrong with the current THP/NTMP review program as administered by Cal Fire.

The “Casey” NTMP is located in southern Mendocino County, approximately five miles southeast of Boonville.  The NTMP contains a stand over which great controversy has ensued.  The stand appears to be an old growth redwood and Douglas fir forest.  This stand does not appear to have been subjected to commercial logging in the past, though this is a point of contention.  The DFG has identified this stand as being “Late Successional Forest” according to the definitions provided in the California Forest Practice Rules.  “Late Successional Forests” are effectively old and complex forest habitats with functional characteristics of old growth forests.  The DFG has also determined that the entire stand represents suitable nesting habitat for Federally-threatened and State-endangered Marbled Murrelets.  Marbled Murrelets are small sea birds that nest in complex old growth forests along the pacific coast from Washington to Central California.

The forester preparing the NTMP is in disagreement with the DFG’s determination that the stand represents a “Late Successional Forest,” and has balked at the protective provisions recommended.  Cal Fire, for its part, disagrees with DFG over the extent of the “Late Successional Forest.”  Cal Fire and the forester for the NTMP recently conducted a second field inspection of the property, while purposefully failing to invite or involve the DFG.  Cal Fire has subsequently determined that some of the stand is “Late Sucessional Forest” according to their interpretation, but still disagrees with the DFG over the actual size and functionality of this forest habitat.

The disagreement between the forester, Cal Fire, and the DFG is significant because the measures recommended by the DFG to protect Marbled Murrelet habitat are only valid during the period  when surveys are required for this species.  If surveys do not detect Marbled Murrelets, the landowner will be allowed to log in the “Late Successional Forest” stand.  Although the forester and the landowner are required to assess the potential cumulative effects of logging this rare and essential forest habitat, there is nothing in state forestry regulations that would prevent commercial logging in this stand. The DFG fears logging will  compromise the utility of the stand for Marbled Murrelets and other “late Successional Forest” dependent species.  Unfortunately, State Forest Practice Rules do not require Cal Fire to incorporate the recommendations of the DFG in approved logging plans.  Thus, Cal Fire can ignore the full extent of the “Late Successional Forest” as identified by DFG.  This would allow logging of larger and older trees in the portions of the stand in dispute.

Old growth and “Late Successional Forests” are extremely rare in Mendocino County, particularly on the private landscape.  The cumulative impact of past and current land use activities has resulted in the list of Marbled Murrelet as “endangered” under the California Endangered Species Act,  due largely to cumulative habitat loss.  Protection of remaining Marbled Murrelet habitat is considered essential for the long-term survival of the species, particularly in Mendocino County where habitat is so rare.  The State, and State agencies such as the DFG and Cal Fire have a responsibility under the California Endangered Species Act to provide for the survival, enhancement, and restoration of species such as the Marbled Murrelet.  As such, those agencies have a responsibility to manage for recovery of Marbled Murrelets and their habitat.  EPIC will continue to advocate for protection, restoration, and recovery of Marbled Murrelets and their habitat.


An EPIC Thanks for an EPIC Party

Tuesday, November 15th, 2011
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Gary and DarrylThank You to Everyone Who Supported EPIC’s Annual Meeting and Fall Celebration!!

On Friday, November 4, the Environmental Protection Information Center (EPIC) celebrated 34 years of advocacy for wild forests and endangered species on the North Coast of California.  Hundreds of EPIC members and supporters gathered within the warm embrace of the Mateel Community Center to dine, to dance, and celebrate community through EPIC’s annual membership meeting.

As a highlight to the evening, the 2011 Richard Gienger Sempervirens Lifetime Achievement Award was presented to the one and only Darryl Cherney for his lasting contributions in environmental advocacy.  Cherney’s work includes over 25 years dedicated to social change, artistic expression, and wild forest protection on the North Coast.

Also, during the awards ceremony, Kelly Karaba was granted the 2011 Volunteer Award, for her “tremendous dedication to EPIC’s outreach strategies, high attention to detail, and her peace of mind and calm attitude.” Thanks Kelly! Your positive influence on the organization is felt by us everyday!

The music of the evening was tremendous. Josephine Johnson provided a beautiful acoustic touch to the dinner gathering, and then Fishtank Ensemble rocked the night away with their dynamic gypsy sounds and theatrical antics.

We want to extend a huge thank you to Tryphena Lewis and all of her volunteer kitchen staff for preparing a delicious Mediterranean feast for nearly 200 people!

During the Annual Meeting portion of the evening EPIC’s 2012 Board of Directors was confirmed. We are sorry to see Cecilia Lanman relinquish her seat with the EPIC Board. We are grateful and appreciative of the years of service that she offered to EPIC and her community and we are honored to have had the chance to collaborate with and learn from her. Thank you, Cecilia for your tireless dedication to EPIC.

The EPIC Board currently consists of the following people:

  • Heather Reese (President)
  • Noah Levy (Vice Pesident)
  • Shawnee Alexandri (Treasurer)
  • Josh Brown (Secretary)
  • Lindsey Holm (Member)
  • Joan Merriman (Member/newly elected)
  • Dian Griffith (Member/Staff)
  • Gary Graham Hughes (Ex-oficio/Executive Director)

Thank you to all of the businesses and artisans that support EPIC:

  • Amelia’s Bakery
  • American Hydroponic
  • Arcata Artisans
  • Baroni Designs
  • Bayfront Grill
  • Beachcomber Café
  • Bead Supply—Arcata
  • Blue Moon Gift Shop
  • Bootleg
  • Brass Rail
  • Bubbles
  • Carter House Inn
  • Chautauqua Natural Foods
  • Eel River Brewery
  • Elk Prairie Vineyards
  • Erin Rowe Mediation Services
  • Eureka Natural Foods
  • Flood Plain Farms
  • Finnish Country Spas and Saunas
  • Fire and Light Glassware
  • Frey Vineyards
  • Gardin’ of Beadin
  • Hana Sushi
  • Hands of Time Massage
  • Holly Yashi
  • Hot Knots
  • Humboldt Glassblowers
  • Humboldt Herbals
  • Humboldt Hunnies Day Spa
  • Humboldt Nutrients
  • Inn of the Lost Coast
  • Island Tribe Apparel
  • Jessica Puccinelli
  • Joan Dunning
  • Kathleen Bryson
  • Klamath Rafting
  • KMUD
  • Kyoto Sushi
  • Lamport Legal Services
  • Larrupin
  • Larry Eifert
  • Libation Wines
  • Liscom Hill
  • Mama Palazzo
  • Many Hands Gallery
  • Mateel Café
  • Mateel Community Center
  • Michael Guerrero
  • Morning Star Clothing
  • Pacific Lotus
  • Patty Senot
  • Pacific Outfitters
  • Peggy Loudon
  • Peter Powell Wines
  • Picky Picky Picky
  • Pierson’s Building Supply
  • Pleasure Center
  • Pro Sports
  • Redway Liquour
  • Redwood Curtain Brewery
  • Rustic West Trading Co.
  • Rookery Bookstore
  • San Francisco Giants Baseball
  • Scoop’s Ice Cream
  • Scotia Inn
  • ShopSmart in Redway
  • Signature Coffee
  • Simply Mac
  • Solutions
  • Soul to Soul Footbar
  • Sylvandale Garden Supply
  • The Minor Theater
  • Three Foods Café
  • Tides Inn
  • Tomas Jewelry
  • Tomo Sushi
  • Trees Foundation
  • Trim Scene Solutions
  • Trinidad Trading Company
  • Turtle Rocks B&B
  • Wildberries Marketplace
  • Wildwood Music

Please consider these businesses when you are making choices about supporting sustainability in your community! The generosity of these companies in supporting our organization is invaluable to our being able to do the work that we do, THANK YOU!

Thank you to all of the volunteers who made the night possible:

  • Aaron Jefferson
  • Bridgette BishopEPIC Supporters
  • Bryce
  • Dan Brenner
  • Hillary
  • James Shelton
  • Jeri Fergus
  • Joan Merriman
  • Kelly Karaba
  • Leo Power
  • Lynn Ryan
  • Mitra Abidi
  • Noel Soucy
  • Rick Silva
  • Rob Fishman
  • Sierra Spooner
  • Steven Diamon
  • Susie Silva
  • Sylvia DeRooy
  • Taun Moody
  • Tom Hart
  • Victor Reuther

Our volunteers are the heart and soul of EPIC, THANK YOU!

Thank you to everyone who helped make our 34th Annual Meeting and Fall Celebration a total success. It really was a firecracker of a party! Watch for our schedule of events for 2012, we will be sure to get everyone together again to celebrate our Wild California!


This holiday, give the gift of a Wild California!

Tuesday, November 15th, 2011
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It is because of what you do for endangered species and the wild landscapes of Northwest California that we still have something left to fight for in Northwest California. Let’s make 2012 a year to remember!

Would you become part of the EPIC Community and make a $35 donation today, so that we may continue our work of protecting California’s Redwood Coast?

One of the easiest and best ways to stay informed and help protect the forests, rivers, and coast of Northwest California is to become a member of EPIC. You’ll receive bi-monthly electronic newsletters, plus action alerts on important issues and you’ll know that you’re helping to protect our unique region for generations to come.

If you’re already a member please consider a gift membership for a friend or loved one.

A basic membership is $35 a year for an individual or $50 for a household.

By contributing generously to EPIC you are investing in a time tested advocacy organization that is grounded in the shared vision of our community. EPIC is a grassroots and independent organization whose impact is exponentially larger than our small size. We thank you for your support, and for donating today! As the guardians of your wild backyard we are forever grateful for all that you do for this organization, and for the spectacular places that we are working to protect.

Everyday EPIC works to:
* Defend the amazing forests that define this region, from federally managed public lands to the California State Park System and to the privately-owned, industrial timberlands—nearly 15 million acres!
* Restore clean, clear, cold water to rivers of the North Coast; and
* Protect the special creatures like the Northern Spotted Owl, the Klamath Spring-run Chinook Salmon, the Marbled Murrelet and the Humboldt Marten—all threatened by the historic legacy of exploitative resource management.

EPIC holds polluters and government agencies accountable; we develop comments on behalf of the public trust resources, fish and wildlife, and for our membership; and we act as a government watchdog to ensure that industry-backed initiatives, laws or regulations do not go unchecked at the expense of our wild places.

Your donation of $10, $35, $50, $100 or even $1,000 means so much return on your investment for Wild Northwest California. If everyone who reads this message pitched in just $10 we would reach our goal of raising $20,000 by the New Year. Please donate today!

Please show your support for these efforts and help us usher in 2012 with the resources we need to keep fighting the battles, big and small that really matter to this region.

Sincerely Wild!

Natalynne DeLapp


Action Alert: Remove Dams on the Klamath River Now!

Thursday, November 10th, 2011
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CLICK HERE TO TAKE ACTION NOW!

Tell the Secretary of the Interior to Remove Dams on the Klamath River Now

UPDATE! Comment Deadline Extended to December 30, 2011

Dams on the Klamath River must come down to restore Coho and Chinook salmon runs to their historic spawning grounds.  Right now, the federal government is considering a proposal to remove the dams beginning in 2020.  It is critical that government officials hear from you now to advance the restoration of the Klamath River.  Please take a moment to submit your comments before the new comment deadline of December 30, 2011.  We encourage you to be original, and consider EPIC’s key points to include in your comments.

EPIC encourages you to include the following points in your comments:

1.     I support the immediate removal of all dams on the Klamath River and its tributaries.

2.     I also support the restoration of all historic wetlands and marshes in the upper Klamath basin, including Lower Klamath Lake, Tule Lake and Upper Klamath Lake.

3.     The restoration activities must also improve conditions for salmon on the Scott and Shasta Rivers.

4.     In addition, I demand that an absolute minimum flow of 1,300 cubic feet per second at the Iron Gate gauge be established for the dry season.  The National Marine Fisheries Service has required a minimum flow at Iron Gate pursuant to biological opinions to comply with the Endangered Species Act, and therefore the Secretary should include a minimum flow for fish.

5.     Lastly, the Secretary of Interior should ensure that more water from the Trinity River stay within the watershed so that increased water flows in the dry season assist salmon migration in the Lower Klamath River.

 

For more details about the proposed Klamath Facilities Removal, check out: www.klamathrestoration.gov

You can submit comments online at:

http://klamathrestoration.gov/Draft-EIS-EIR/feedback

 

You may also submit comments by sending letters directly to the following officials:

Ms. Elizabeth Vasquez

Bureau of Reclamation

2800 Cottage Way

Sacramento, CA 95825,

or by fax to 916-978-5055 or email: KlamathSD@usbr.gov

 

Gordon Leppig

California Department of Fish & Game

619 Second Street

Eureka, CA 95501

Or by fax to (707) 441-2021 or email: KSDcomments@dfg.ca.gov

 

Comment Deadline Extended to December 30, 2011

CLICK HERE TO TAKE ACTION NOW!


Sempervirens Lifetime Achievement Award

Thursday, October 27th, 2011
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Photo by © Michaël Van Broekhoven, 1996.

The presentation of the EPIC Sempervirens Award for Lifetime Achievement has become a time-honored tradition within the Annual Meeting and Fall Celebration of the Environmental Protection Information Center. Past recipients of the award have included Karen Pickett of the Bay Area Coalition for Headwaters, Richard Gienger, EPIC’s forest advocate and the foremost independent restoration policy mentor on the North Coast, and Patty Clary, the Executive Director of Californians for Alternatives to Toxics, one of the plaintiff organizations on the Richardson Grove defense work.

This year the EPIC Sempervirens Award goes to Darryl Cherney! We have chosen to recognize Darryl for a full lifetime of contributions to forest protection in our bioregion not only because of his long trajectory as a political organizer and his catalog of fun and thought provoking recordings, but also for his current work as the producer of the soon-to-be released film Who Bombed Judy Bari?

Darryl will be joining us to receive the Sempervirens Award at the Mattel Community Center on Friday, November 4, for the 34th EPIC Annual Meeting and Fall Celebration. We hope that everyone can make it out that night for dinner and music to celebrate Darryl, and EPIC, and this wonderful place that we are all working so hard to protect. As part of our preparations for the November 4th party, we had a chance to catch up with Darryl to ask him a few questions about his work and what the award means to him. It is really interesting to learn of Darryl’s perspective on the film, and on EPIC as an important organization for our community.

How has it gone for you making the step from being a musician on stage with a guitar to being a producer pulling together all the loose strings of a documentary? Are they totally different arts, or do you see similarities?

It’s been said that movies incorporate all the arts: music, dance, theater, painting, drawing, and so on.  And I’ve been a stage performer and a playwright, so this wasn’t a huge step.  Further, I don’t regard myself so much as a film maker as an activist/musician who was compelled to make a film.  In reality, this is simply another campaign for me to organize–it’s a project.  My next project might be an operetta or just archiving the thousands of tunes I’ve written and recorded on cassette into some kind of order.  The goal, with any of my projects, is defending Mother Earth.  In that sense, the movie provides complete continuity with my life work.  And it has been an opportunity to put a big punctuation mark at this juncture of my life.  The film both completes a phase and begins a new one.  I hope at some point that the opportunities to speak in public both life and through the media increase exponentially because of this movie.

What will be the most compelling element of the upcoming documentary? Things are getting close to the finish, when do you think it will be released?

The movie will be released sometime between mid-November and January.  There have been so many last minute things to fix, from sound issues to getting the credits right.  Don’t want to forget anyone, right?

The most compelling aspect of the movie is Judi Bari, lying on her deathbed, giving her testimony under oath.  The strength and courage of this working class single mother of two providing us this legacy as one of the last things she does on Earth is inspirational and moving.  The other compelling aspect is what one of our friends described as the “blueprint” nature of our movie.  The project barely leaves out anything in the long list of how to win a campaign.  This story incorporates many victories, from Headwaters to beating the FBI in court and others as well.  It’s not often we see a documentary that is so filled with humor and victory in the midst of the furious battle.

Do you have thoughts about what type of impact you would like to have with the film? What kind of influence or inspiration would you like the film to provide to the audience?

The goals of the film are to inform people on the tactics and strategies available, to inspire us all to take action, and to educate the public as to who the historical figure Judi Bari was/is.  Oh, and we want to inspire a renewed interest in solving the case of Who Bombed Judi Bari.  In short, we’d like to educate and inspire people as to how we can save the world.  I’d like to see the film run on every continent and in every country.  I’ve traveled extensively and I’m not so naive to think that there are powerful people and struggles everywhere that could teach us a thing or two, but Judi Bari has a lot to teach the world, as well. In fact, we’ve pretty much resurrected her.  Judi Bari is a living activist yet again and saying everything she ever said for all to hear.

Who are some of the people that you most appreciate for having helped keep momentum growing for the film?

The list of credits and thank you’s in the film is voluminous.  Mary Liz Thomson, the director and editor has to come first and foremost.  Her pacing and editing pretty much make the movie.  Elyse Katz, who produced Trudell the documentary plus numerous other fine films, has really cracked the whip to ensure we got everything done we needed to do, like securing the licensing for all the songs, photos, video clips, appearances, artworks, etcetera.  And I can not leave out the videographers, the eco-paparazzi who followed us wherever we went.  That would include Kay Rudin, Andy Caffrey, Steve Jacobson, Stuart Rickey, Louis Bigfoot Shultz and so many others both local and national.

We’ve also incorporated the music of over 30 musicians from local favorites like Joanne Rand to virtuoso instrumentalists like Matt Eakle, flautist for the David Grisman Quintet.

The Sempervirens Award from EPIC is for lifetime achievement. Some of your biggest achievements are your music and entertaining, but we also know it is for your tireless political organizing, much of which has been deadly serious. But you really are renowned for a sense of humor. What are some of your comic memories of EPIC over the years?

I’m not sure we really want to go there.  But some of it involved french fries, spittle  and desks standing up on end.   I’ve written more than a few songs and even an imrprov, which I can be known for, about the EPIC Board of 1987.  One verse just screams out “Woods!!!!!!!!” as the only line.

And then there was the generic timber harvest plan (THP) challenge I drafted up and got dozens of people to file against logging plans.  EPIC actually sued where the challenge on one plan was just the generic challenge.  The thinking was since the California Department of Forestry was generically rubber stamping every single THP, we could just submit the exact same comments on every THP.  We had so many people contacting their office to request copies of THP’s that they closed their office to the public except for two days a week, increased the price of getting a THP from one dollar for the entire THP to 25 cents per page, which could cost a hundred bucks of the THP was long enough. And then they passed a regulation that gave us 15 days to comment instead of 25 days.  That’s how democracy responds when you actually express an interest on how things work.

So their response was a riot.  By 1995, we had an action where Earth First! literally took over their entire office from the ground floor to the roof and physically removed the doors from their hinges to demand an open door policy.  That was funny, except for the pepper spray. That, in fact, was the first time it was used against us.

Many things have changed since you started organizing for the redwoods with Earth First! What are the biggest changes? Do you think there is still work to be done by an environmental watchdog like EPIC? Why do you think it is important to support EPIC in 2011?

The biggest change is that there are so many fewer trees and so many fewer jobs because of it.  But with that has been an increased awareness and acceptance of environmentalists and our message.  The big companies are gone:  MAXXAM/Pacific Lumber, Georgia Pacific, Simpson and Louisiana Pacific.  The new companies are more willing to communicate and more importantly, the tension between the hippies and the rednecks, the loggers and the environmentalists, has diminished to being barely discernible, with a few exceptions of course.  It’s sad that we had to lose what we have both in nature and in humanity to get to this point, however.

EPIC is essential to keep the fire in the belly burning.  A group which in part is dedicated to litigation is indispensable in the battle to save our Mother Earth.  It’s expensive, time consuming, and requires a high trained skill-set involving people who can get things in place before the lawyers even show up.  EPIC has always been user friendly to the community and open-minded about the wide array of tactics employed by all.

I continue to support EPIC and we’ve included EPIC in the select groups given credit in our movie as ones we think the public ought to support.  EPIC’s website is in our credits and linked to our movie website in a prominent way.  Viva EPIC!  Viva Judi Bari!  Viva Mother Earth!

Thanks Darryl for your words, wisdom, and dedication! Be sure to come out and offer Darryl congratulations on November 4 to the Mateel Community Center in Redway during the 34th EPIC Annual Meeting and Fall Celebration. It is going to be an EPIC good time!

*******
Darryl Cherney is joining a remarkable list of recipients of the Sempervirens Award. Be sure to congratulate all the winners of the Sempervirens Award for their invaluable contributions to advocacy in our community.

Listen to the latest EPIC edition of the KMUD Environment Show featuring an interview with Darryl.

Sempervirens Lifetime Achievment Award Recipients

  • 2001 Cecelia Lanman
  • 2002 Fred “Coyote” Downy
  • 2003 Lynn Ryan
  • 2004 Patty Clary
  • 2005 Karen Pickett
  • 2006 Robert “Man Who Walks In The Woods” Sutherland, Ruthanne Cecil, Marylee By The River
  • 2007 David Simpson & Jane Lapiner
  • 2008 Sharon Duggan
  • 2009 Trees Foundation
  • 2010 Richard Gienger
  • 2011 Darryl Cherney


Roadless Rule is Reinstated

Wednesday, October 26th, 2011
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Underwood Mountain Roadless Area on the Six Rivers National Forest (spoiled by road construction during a fire used to facilitate logging)

Finally after a decade of court battles the 2001 Roadless Rule is once again the law of the land. Nearly 50 million acres of America’s richest natural resource—our National Forests—are now protected by a decree of the 10th Circuit Court of Appeals. The court has firmly and unanimously taken a stance for wildlife, forests, and clean water.

This decision is amongst the most significant conservation victories in several decades and is powerfully constructed despite an array of industry foes and their army of lobbyists who sought to unleash road builders, loggers, and mining engineers in some of our most pristine natural sanctuaries.

For purposes of the rule, “roadless areas” are defined as contiguous blocks of backcountry public land that are 5,000 acres or larger and do not have improved roads. Those opposing this rule defended their claim that a national forest road system covering more than 380,000 miles that is eight times the size of the federal highway system was just not enough.  These wild areas will be barred from new road construction and logging with some exceptions, including when fire or other catastrophic events threaten human lives or property.

Roadless areas are some of the most ecologically important lands that we have remaining in the nation.  The rule is crucial to prevent the continued fragmentation of roadless lands, which serve as sanctuaries for wildlife. The decision affirms the value of backcountry areas in sustaining healthy and secure habitat for fish and wildlife, including big game, and conserves America’s backcountry recreational activities and outdoor heritage.

The 10th Circuit Court’s unanimous decision found that the roadless rule did not violate NEPA, the Wilderness Act, the Multiple-Use Sustained-Yield Act and the National Forest Management Act – a victory on all counts!  The 2001 rule has now been upheld legally in both the 9th and 10th Circuit Courts of Appeals thus removing the cloud of legal uncertainty surrounding the rule for a decade.

The 2001 Roadless Rule is in effect nationwide except in Idaho, where the U.S Forest Service did a separate rulemaking that was completed in 2008.

And the legal battle isn’t over, with a challenge from the state of Alaska still pending before the federal district court in Washington, D.C.  Separately, the state is also appealing a March ruling by a federal judge in the District of Alaska who struck down a Bush administration rule that exempted the Tongass National Forest from the roadless rule. That case is now pending before the 9th Circuit. Nonetheless, the decision by the 10th Circuit is great news for wildcountry!

 http://www.ca10.uscourts.gov/opinions/this_week/pdf/09-8075.pdf


EPIC Annual Fall Celebration Features Fishtank Ensemble

Monday, October 17th, 2011
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Fishtank Ensemble will get people dancing at the EPIC Annual Meeting on Nov 4 at the Mateel in Redway

The Environmental Protection Information Center is excited to invite our members and the general public to the 34th EPIC Annual Meeting and Fall Celebration from 6 PM – Midnight on Friday, November 4th, at the Mateel Community Center, located at 59 Rusk Lane in Redway.

We are very pleased to announce that the musical entertainment for the night will feature the intoxicating sounds of Fishtank Ensemble. As one of the most exciting new groups to recently explode on the international music scene, Fishtank Ensemble will bring it’s unique blend of Romanian, Gypsy Jazz, Flamenco, Balkan, Turkish, and Tango rhythms and melodies to the Mateel stage for their only fall 2011 appearance in Humboldt County.  Music is scheduled to begin at 9 PM. This high energy set will be sure to get everyone dancing, and will provide a raucous soundtrack to round out a traditionally EPIC party.

The main stage festivities will be only a part of the evening’s activities. The evening will start at 6 PM with the annual EPIC membership meeting, which will include brief updates of EPIC’s work to advocate on behalf of the globally treasured landscapes of the redwood region, as well as the nomination and election of the following year’s Board of Directors. At 7 PM a mouth-watering dinner will be served, highlighting a Mediterranean themed gourmet meal prepared by Tryphena Lewis, punctuated by a variety of fine desserts, and accompanied by excellent locally produced beers and handcrafted wines.

Ongoing through the evening there will be a silent auction for products, artwork and services from the local business and artist community, providing attendees a chance to bid on and take home an engaging array of high-value items at potentially breathtakingly affordable prices.

As well, EPIC is pleased to announce that Darryl Cherney is this year’s winner of the EPIC Sempervirens Lifetime Achievement Award, joining a long list of community members whose efforts to protect and restore the environment of our bioregion merit distinction and recognition. Darryl is a renowned Earth First! troubadour who has recorded dozens of unforgettable songs that capture the life essence of redwood activists. Darryl has in the last several years demonstrated a spectacular diversity of talents in the process of making the film Who Bombed Judi Bari?, a soon-to-be-released work that will prove to be one of the definitive documentaries of the redwood region. We are very proud to present the Sempervirens Award to Darryl at this year’s annual meeting.

Advance tickets to the celebration will be available at local outlets such as Redway Liqour and Blue Moon Gift Shop in Southern Humboldt, the Works in Eureka, as well as at the EPIC office in Arcata, located at 145 G St, Suite A, by the Arcata Marsh. Doors open at 5:30pm. Tickets for Dinner, Music, and Dancing $40, Music and Dancing $20.

Do not miss this great show, and be sure to come join us for an EPIC time on Friday, November 4, at the Mateel Community Center in Redway. We hope you will be there to celebrate with us. For more information, contact EPIC at 707-822-7711.

Be sure to visit the website of the Fishtank Ensemble for more information and video clips of the band.


Billionaire Emmerson Destroys Spotted Owl Habitat

Thursday, October 13th, 2011
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Archie Aldis “Red” Emmerson, a billionaire with a net worth of $2.5 billion, and his company, Sierra Pacific Industries, the largest private forestland owner in California, continue their onslaught of clearcutting northern spotted owl habitat.  Forbes ranks Red Emmerson at #153 amongst the wealthiest individuals in United States and #459 worldwide.  Operating in defiance of the law, Sierra Pacific stands as one of the last big logging companies in the State of California without an approved habitat conservation plan.

As owl habitat disappears, owl researchers recently issued a comprehensive report detailing the population demography for the species – Forsman et al. 2011, “Population Demography of the northern spotted owls: 1985-2008”, Studies in Avian Biology, UC Press.  The author’s conclusions paint a dire picture, detailing range-wide declines for this iconic forest raptor.  In particular, some of the most precipitous declines have taken place on private timberlands, including lands owned by Emmerson and Sierra Pacific.

While private interests liquidate old-growth trees and leave behind clearcuts visible from space, the state and federal agencies charged with protecting spotted owls and other wildlife have abdicated their responsibilities due lack of funding.  In 2008, the U.S. Fish and Wildlife Service stopped reviewing timber harvest plans in California, citing high costs, leaving it up to state officials at the California Department of Forestry and Fire Protection (Cal Fire).  Without federal owl biologists reviewing timber harvest plans, Cal Fire officials without any expertise in owl biology have relied on private consultants employed by the timber industry.

Under this new arrangement, Sierra Pacific’s destruction of Northern Spotted Owl habitat has accelerated.  Without a federally approved habitat conservation plan, Sierra Pacific’s logging of owl habitat violates the Endangered Species Act (ESA).  A conservation plan would not stop logging, but direct the operations in a more ecologically sound manner.  Furthermore, the U.S. Fish and Wildlife Service has concluded that Cal Fire’s approval of timber harvest plans without oversight by federal owl biologists results in harm to spotted owls, particularly on Sierra Pacific land.

Cal Fire for its part insists that it has no mandate to manage for recovery of the spotted owl.  Thus, state officials continue to allow Sierra Pacific to destroy habitat and compromise the integrity of spotted owl home ranges.

The 2011 Revised Northern Spotted Owl Recovery Plan calls for the retention of high quality habitats on private forestlands in order to mitigate for habitat loss and the invasion of nonnative barred owl, a competitor.  Therefore, conservation of spotted owl habitat on Sierra Pacific’s lands is absolutely essential to the recovery of the species.


Forum to Discuss Federal Dam Removal Process on Klamath River

Wednesday, October 12th, 2011
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Toxic algae blooms behind PacifiCorps Iron Gate Dam on the Klamath River.

ARCATA, CA — Environmental organizations from Northwest California and Oregon are organizing a panel presentation to discuss the federal and State environmental impact reports on the proposed Klamath Hydroelectric Project dam removal. The event will be held at the Wharfinger Building in Eureka from 6:30-8:30 PM on Wednesday, October 19. Four speakers will present on various aspects of the draft environmental impact documents and explain their origins and relationship to the Klamath Basin Hydropower Agreement (KHSA) and the Klamath Basin Restoration Agreement (KBRA).

The Draft Environmental Impact Report (DEIR) for Facilities Removal on the Klamath River was released on Sept 22, 2011. The 60-day public comment period began with the release of the DEIR, and will close in mid-November. A series of public hearings to describe the DEIR and receive public comments will be hosted by the United States Department of the Interior, including a hearing in Arcata from 4:30 – 8:30 on October 26 at the Arcata Community Center. See the documents that are currently available for public review as well as information about the public hearings at the government website www.klamathrestoration.gov.

The Klamath In The Balance forum at the Wharfinger Building on October 19 is intended to motivate the public to make informed comments and to actively engage on this globally relevant environmental issue. The panel will feature Bob Hunter, a representative of Water Watch of Oregon who has studied the Upper Klamath Basin for over 30 years. He will briefly characterize the historic hydrology of the Klamath Basin and then describe water allocation under the agreement and implications for the National Wildlife Refuges. Also speaking on the panel is Andrew Orahoske, the conservation director for the Environmental Protection Information Center, who will discuss the legal framework for dam removal, and the requirements for recovering salmon and other native species in the basin.

Patrick Higgins is a fisheries biologist with an intimate knowledge of the Klamath River who will describe the need for ecological restoration to solve water quality problems. Higgins will also discuss the ecological imperative to recover endangered suckerfish of the Upper Basin, as well as salmon. Hayley Hutt, a Hoopa Valley Tribal Council member, will elaborate on concerns about the ramifications of the federal process for Indian Tribes that did not sign the KHSA and KBRA; Hutt will also discuss Hoopa perspectives on the federal legislation that would authorize and fund the agreements. A trained facilitator will moderate a question and answer period with the presenters assembled as a panel.

Co-sponsors of the forum include the Northcoast Environmental Center (NEC), the Environmental Protection Information Center (EPIC), the North Group and the Redwood Chapter of the Sierra Club, Redwood Region Audubon Society, Water Watch of Oregon, and Ancient Forest International (AFI). The event will run from 6:30 PM to 8:30 PM, Wednesday, October 19. The Wharfinger Building is located at 1 Marina Way along the waterfront in Eureka. There is no cost for admission, and refreshments will be served. For more information about the event, call the NEC at 707-822-6918, or EPIC at 707-822-7711.

Background websites:

Water Watch of Oregon– http://waterwatch.org/programs/restoring-the-klamath/klamathprogram/

Karuk, Yurok, and Klamath Tribes website– http://www.klamathrestoration.org/

Official Federal and State Government website– http://www.klamathrestoration.gov

Independent Conservation Perspectives on the Klamath– http://klamblog.blogspot.com/


Featured Artist Rachael Rose

Tuesday, October 11th, 2011
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EPIC is proud to feature artisans from our community and their work. This month we are featuring the work of Rachael Rose, a young woman from the rural town of Fallbrook, just outside of San Diego.  Rachael is an up and coming artist with a passion for owls and nature. She loves painting whimsical nature-inspired art and hopes to inspire and encourage the conservationist in us all, which she has in us, with her rendition of a northern spotted owl painting made specifically for EPIC.

In an effort to for our membership to get better acquainted with Rachael and her inspiration, we asked a few questions about her and her activism. We think this interview captures an important glimpse into a creative talent who is contributing to a community awareness that endeavors to maintain a balanced relationship with the landscape that provides us spiritual and physical sustenance.

What about owls in particular inspires you?

Owls are inspiring to me because they are a symbol for wisdom, intuition, protection and strength. Throughout time owls have been recognized as very beautiful and mystical creatures of the night and I have always been drawn to them.

How is the role of art, and especially art inspired by owls and nature important to you?  

Creating artwork has always been my outlet for expression. Nature is definitely my muse and I am blessed to live in such a rural area of Southern California that is thriving with plant and animal life.  I started painting owls because I loved them and when my owl paintings became more popular I thought it would be a good idea to donate a portion of the proceeds to help owls.  It is a fun way to spread a message and support a great cause.  

Given the impacts on owl habitat, what do you think people can do to help protect and restore healthy owl populations?  

The first thing people can do is to become aware of what is going on, and share it with everyone they know!  After that it just depends on what will resonate with them the most. Searching out great groups like EPIC and supporting them is what I chose to do.  And being able to use my art to help raise money is so incredible and exciting to me. 

Why do you think a group like EPIC is important?  

A group like EPIC is very important because they spread awareness of current critical ecological situations that the general public may or may not have any idea about.  Not only does EPIC provide the information, they also take action in order to make a positive change in the environment.  Our earth needs support for groups like EPIC more than ever right now.  

Please support EPIC by supporting the community of artists and businesses that support EPIC.

Prints of Rachael’s Northern Spotted Owl, will be available for sale at the upcoming Annual Meeting and Fall Celebration on November 4 in Redway. All of Rachael’s other owl paintings and prints are available for sale through her Etsy website, of which 10% of the proceeds go directly to EPIC. If you’d like to see more art by Rachael Rose, check out her official website, rosiluna.com.