A new group called Friends of Richardson Grove State Park will host a public rally at noon on Friday, April 1 at the Garberville Town Square. Rally organizer Barbara Kennedy invites everyone to attend.

“This will be a family-friendly event focusing on educating the public about the ill-advised highway-widening project that not only threatens the ancient redwoods of Richardson Grove State Park, but could also change the rural character of Humboldt County,” said Kennedy in a release.

The event will feature local speakers, musicians including Bud Rogers, Jefferson Parsons and Defenders of the Holy Grove, educational literature, sample letters to send to elected representatives, a craft table for children and the opportunity to discuss  the effects this project might have on our State Park and local community.

The rally was originally organized for March 18, but was rescheduled for April 1, because of adverse weather conditions.

Please read the update below by Rob DiPerna, to learn how EPIC’s Industrial Forestry Reform program stopped Sierra Pacific Industry from logging near a spotted owl nest in Lassen County this week.

Conservation activists face an uphill battle to protect forest ecosystems and wildlife habitat from bad logging practices across millions of acres of corporate-owned forests in California. In fact, few environmental groups even attempt to fight big companies on their private holdings, because of the extreme challenge to see any success. EPIC and a handful of other organizations across the state continue to monitor and challenge the companies – and the agencies responsible for regulating them – by pushing for the state to simply enforce applicable laws.

It is clear that the largest forestland landowner in the state, Sierra Pacific Industries, proudly uses clearcut logging as their primary practice to extract timber across their ownership. Meanwhile the critters dependent on these complex forest ecosystems for their habitat suffer. Even at a time of record low timber prices, the company continues to rake in profits – while degrading habitat of forest-dependent Coho salmon, Northern Spotted Owls and many other species.

For over 30 years, EPIC has worked to hold timber companies accountable for their lawless activity, even when the battle seems next to impossible. Our Industrial Forestry Reform program staff comb through thick documents and follow the progress of individual timber plans and policy documents. All this effort is intended to review whether or not the companies are following current laws governing their activities.

EPIC’s Industrial Forestry Reform analyst Rob DiPerna engages in these processes with great diligence. His recent comments submitted to Cal Fire regarding a specific timber plan have interrupted an otherwise rubber stamped process.

In addition, the events exemplify Rob’s conclusion, “This serves to demonstrate once again that Cal Fire does not have the staff, the knowledge, the technical expertise, or for that matter the authority to maintain a program that will actually avoid harm to owls.”

EPIC stops SPI from logging near Spotted Owl nest

EPIC comments on Big Widow THP (2-090078 LAS) have prevented SPI from logging suitable northern spotted owl habitat within 500 feet of a known owl site. EPIC’s comments have also forced Cal Fire to recirculate the Big Widow THP.

The Big Widow THP proposed logging of essential nesting and roosting habitat for northern spotted owls within 500 feet of a known owl site.  EPIC commented to Cal Fire that there was no biological or regulatory justification to allow logging so close to a known owl site.  In response, Cal Fire has required that SPI change the Big Widow THP to exclude logging within 500 feet of the spotted owl site.

However SPI still intends to log within 1,000 feet of the owl site, also within suitable nesting and roosting owl habitat.  EPIC commented to Cal Fire that SPI had not demonstrated that logging within nesting and roosting habitat 1,000 feet from the nest site would retain appropriate habitat characteristics to prevent harm to owls.  Such potential impacts include loss of suitable nesting or roosting platforms, increased susceptibility to adverse weather and predators, and impacts to microclimate conditions within the nest site.  In response, Cal Fire required that SPI demonstrate how logging within 1,000 feet of a known nest site will maintain essential habitat characteristics to assure that harm to owls will be avoided.

In response to our concerns, Cal Fire has recirculated the “Big Widow” THP for 30 days.  Recirculation means that he public comment period is reopened due to the addition of significant new information to the plan.

The Big Widow THP threatens to effectively destroy an owl site by logging suitable nesting and roosting habitat in close proximity to the nest site.  This site is further at risk because SPI is trying to claim that the owl site is abandoned and no longer utilized by owls.  The US Fish and Wildlife Service refused to declare the site abandoned, but that could change based on future survey results.

The Big Widow THP is another glaring example of how the northern spotted owl take avoidance process is fatally flawed as administered by Cal Fire.

Only after EPIC raised significant concerns over possible harm to owls did Cal Fire act to protect the nest site from virtual destruction by restricting logging to the area outside of 500 feet from the nest. This serves to demonstrate once again that Cal Fire does not have the staff, the knowledge, the technical expertise, or for that matter the authority to maintain a program that will actually avoid harm to owls.  The ultimate agency responsible, the US Fish and Wildlife Service, must wrest the reigns from Cal Fire once again and enforce the endangered species act through the technical assistance process.

You can follow this link to download and review the Big Widow THP (2-09-078LAS) for yourself. To submit comments, e-mail reddingpubliccomment@fire.ca.gov.

In solidarity with the ongoing efforts of the Redwood Forest Foundation (RFFI), EPIC wants to encourage you to support permanent protection for 50,000 acres of working forest by sending a quick email to decision-makers in Sacramento today. RFFI needs your support, on a matter that is vitally important to RFFI and the Northern California region. We must act now to tell the Wildlife Conservation Board to support funding for a conservation easement for the Usal Redwood Forest at a meeting this Thursday, February 24. To go straight to the action center and send the letter, click here.

The Wildlife Conservation Board (WCB) is scheduled to hear and vote on the easement sale for the Usal Redwood Forest at their February 24 (Thursday) board meeting.  Funding of the easement by the WCB will permanently protect almost 50,000 acres of working forest from development, maintain sustainable forestry practices, restore degraded ecosystems and provide for permanent resource related employment.

This is the first and absolutely crucial step in RFFI’s vision to establish community-based forests that will provide critical habitat for increased biodiversity, address climate change and improve regional economic vitality.

For RFFI’s vision to become a reality, we need the WCB to approve funding for the sale of a conservation easement on the Usal Redwood Forest to The Conservation Fund without delay.

Please contact the WCB and tell them of your strong support for the Usal Forest easement.

To send a letter to all nine Wildlife Conservation Board members, please click here.

Diverse and energetic opposition to Caltrans’ project to alter Highway 101 through Richardson Grove State Park emerged Monday with a well-attended rally and non-violent civil disobedience resulting in 12 arrests. The actions, held at the offices of Caltrans District 1 in Eureka, were organized by the Richardson Grove Action Now group and attracted over 200 people and multiple media outlets that covered the event.

The rally Monday represented much more than the mostly student contingent, that staged the civil disobedience. A broad diversity of voices in the group were united with a single goal that shook the offices of Caltrans in the form of a chant that rang out throughout the rally: “One Demand: Cancel the Plan!”

A range of people involved in the Coalition to Protect Richardson were asked to speak into the microphone during the rally, to offer brief words of inspiration, songs, and accurate information about the project to the crowd. One of the speakers, Barbara Kennedy, has been working to educate the public about the project since Caltrans began drawing up plans, back in 2007. Her words for the crowd were spoken in a characteristically measured tone, but the crowd’s enthusiasm grew as she spoke. Kennedy’s words of insight were followed by a long time Piercy resident named Cheri Porter, who explained the adverse impacts that businesses in the town of expect, should the project proceed.

In summary, Porter explained, “Every business in Piercy will be negatively impacted, if not destroyed through this project.  We just can’t afford it.  With two lumber mills closing in our community, we depend on tourism to survive and this project will hurt that.”

Withstanding debate between the needs of export-reliant businesses and the many voices of opposition to the project, most people agree that the State Park must not be harmed. This resolute stance by many in Humboldt and Mendocino Counties, the San Francisco Bay Area and beyond may outweigh vocal beneficiaries of the project, like Sun Valley Group Inc. and Emmi Holding Inc.’s Cypress Grove Cheese Company. Until now, these companies and a handful of others have seen no other alternative to fulfill their transportation needs then the widening of 101 through Richardson Grove State Park for larger truck access.

With only a few months before planned construction and a swelling number of defiant activists becoming involved in fighting the project, the time has come to identify an agreeable alternative and push for its implementation. The two sides of the debate could find common ground, by identifying a plausible solution to satisfy a few businesses’ shipping needs but without completing an expensive and risky construction project in the old growth redwood grove within the State Park. One immediate alternative to Caltrans’ Richardson Grove plan would be a new legislative exemption to allow certain industries to run larger trucks through the grove.  This could both offer relief to businesses burdened by expensive shipping costs and preserve the community of ancient trees for future generations.

Currently, cattle trucks are allowed through the grove, even though the trucks’ longer trailers exceed the 48 foot kingpin to rear axle restriction.  If new legislation was introduced that allowed for a permanent exemption for additional trucks, perhaps the heated debate of “trucks versus trees” could be resolved.

Meanwhile, the campaign is growing.

EPIC’s campaign to protect Richardson Grove State Park has gathered thousands of postcards to stop the project, mailed “activist packets” to campaign supporters across the state and hosted well-attended educational forums.  With the Californians for Alternatives to Toxins, the Center for Biological Diversity and five citizen plaintiffs, EPIC also filed two lawsuits challenging the project on legal merits.

The first of these lawsuits charges that the Environmental Impact Report prepared for this project does not meet California Environmental Quality Act standards, and that the project is unnecessary because equivalent trucks pass through the grove every day, without incident. The Federal case cites violations of the National Environmental Policy Act and the Wild and Scenic Rivers Act. The attorneys representing the plaintiff group include Sharon Duggan, Kevin Bundy and the esteemed Cotchett, Pitre and McCarthy law firm. Former US Congressman Pete McCloskey and other well-known California public figures have also come forward opposing the plan, and supporting EPIC’s legal and campaign strategy.

Throughout the last year, over 35,000 people took online actions protesting the plan, and that number will continue to grow. As more people learn that the treasured, ancient trees marking the entrance to the redwood region face a risky construction project by Caltrans, the opposition will grow with the numbers of people informed. Social networking sites like Facebook help viral messages like these extend to unlimited numbers of potential supporters. Already, the Save Richardson Grove FB page has 1670 members, and this is without any assertive campaign to promote the social site.

Now campaign organizers are discussing proposals for massive rallies, action camps, major concerts and other big events to attract activists from around the state to show their strong opposition to Caltrans and the plan to widen 101 through Richardson Grove. All of these efforts could be redirected if either Caltrans cancels their project voluntarily, or another alternative with California lawmakers can be reached quickly.

While California claims to have the strictest forest practice policies in the US, clearcuts and a labyrinth of bad roads continue to dominate the landscape on millions of acres of industrial forests across the state. These practices and their impacts create adverse conditions for threatened and endangered species that called these forests home long before corporations called them an asset to be liquidated.

California agencies charged with enforcing environmental laws have deep ties to timber interests. Recent decisions from California’s Board of Forestry including the adoption of the 2009 Spotted Owl Rules Package, make it clear that this relationship continues. Big Timber stands to gain the greatest benefit from the proposed NSO rules.  These rules allow Cal Fire to accept NSO take avoidance analysis from industry representatives who designate themselves “Spotted Owl Experts.”

In 2008 California declined to fund US Fish and Wildlife Service’s program offering technical assistance to Cal Fire’s take avoidance determination program. The Service had assisted Cal Fire in determining whether logging plans near Northern Spotted Owl habitat constituted “take” under the Federal Endangered Species Act since 1999. The Board of Forestry said the lack of technical assistance was stalling timber planners, and changed the Forest Practice Rules (FPR) to facilitate another alternative. Now natural resource professionals from the industry can be certified as Spotted Owl Experts. The assistance provided by these ”experts” includes guidance to comply with a set of standards in the FPRs that are designed to facilitate “take avoidance” for the Northern Spotted Owl.

These rules are not only antiquated and not based on the best available science, but the US Fish and Wildlife Service found the rules insufficient to avoid take of NSO in many instances.  For one thing, the rules do not provide for specific qualities of habitat to be retained in specific amounts. Rather, the rules rely on an aggregate total amount of habitat, which allows large industrial landowners to target the most valuable habitat and reduce it to marginal or non-habitat conditions. Furthermore, the way the FPRs define Northern Spotted Owl habitat do not represent what US Fish and Wildlife considers suitable owl habitat. The agency’s criterion requires that the habitat be capable of feeding, breeding, sheltering, reproduction, and dispersal for the Northern Spotted Owl.

EPIC has been addressing these issues, both through our Industrial Forestry Reform monitoring program and by joining the Center for Biological Diversity to challenge the bogus owl rules in court. Our lawsuit alleges that the “Northern Spotted Owl Take regulations violate the law in that they authorize the California Department of Forestry and Fire Protection (“Cal Fire”) to determine whether “take” of the Northern Spotted Owl will occur or be avoided, a determination that by law resides with the United States Fish and Wildlife Service.” EPIC’s Industrial Forestry Reform monitoring program has been successful in slowing down the approval of Timber Harvest Plans (THPs).

Since the Board of Forestry approved the new owl rules in September 2009, Cal Fire approved THPs that simply complied with the inadequate standards established in the state forest practice rules in 1992.  However, in the last year, since EPIC has been monitoring and commenting on this process and individual logging plans, Cal Fire’s march to approve THPs that may affect northern spotted owls has slowed considerably.

For example, the Sierra Pacific Industry (SPI) THP called  “Uncle Jesse” (THP 2-09-068SHA) has yet to be approved by Cal Fire. EPIC submitted detailed comments regarding the potential impacts of utilizing the FPRs to ensure “take avoidance” under this THP.  These comments were submitted with the close of public comment in May of 2010.  To date, Cal Fire has not moved to approve this THP. Meanwhile, the Cal Fire review team process for other THPs has come to a screeching halt.  Numerous THPs have made it as far as the Cal Fire inter-agency review team meeting, only to have the process stall.

While it is abundantly clear that implementation of the inadequate state rules will not prevent “take” of Northern Spotted Owls, Cal Fire continues to evaluate “take” on the basis of these rules. In the face of substantial evidence to the contrary, Cal Fire still maintains that the FPRs can “avoid take” of Northern Spotted Owl habitat, if timber planners fully comply with the rules.

Evidence provided by the US Fish and Wildlife Service clearly shows that take of NSO has occurred at an alarming rate on private timberlands in California over the last twenty years, demonstrating the failure of the state rules to protect owls and their habitat.  Sub-par habitat retention standards, sub-par definitions, sub-par analysis by plan submitters, and ultimately Cal Fire itself, have continued to ensure that take of Northern Spotted Owl will still occur under the Cal Fire take avoidance determination program.

Unfortunately the Northern Spotted Owl population continues its decline throughout much of its historic range. In California, the owls are at risk from logging operations that degrade and destroy suitable habitat and home ranges, resulting in loss of reproduction and site occupancy, and ultimately to direct and indirect “take” of Northern Spotted Owls in violation of the Endangered Species Act.

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Good News for the Humboldt Marten

The US Fish and Wildlife Service took action this week on EPIC and the Center for Biological Diversity‘s petition to list the Humboldt Marten under the federal Endangered Species Act (ESA).  According to correspondence to the petitioners dated February 3, the agency aims to publish the 90 day finding –the first step toward potential ESA listing– either “late this fiscal year or during the first half of fiscal year 2011.“

This comes as a welcome development, departing from the October 2010 announcement by the Service that it would not be able to work on the petition this year, citing budgetary restrictions. See Scott Greacen’s article entitled, “Feds to Critically Endangered Humboldt Marten: You’re On Your Own”.

According to correspondence from the Service to the petitioners, funding has become available and the Arcata Office of the Fish and Wildlife Service will be the lead Office conducting the finding work.

The Humboldt marten is a cat-sized carnivore related to minks and otters that lives only in coastal, old-growth forests in Northern California and southern Oregon. Because nearly all of its old-growth forest habitat has been destroyed by logging, the Humboldt marten is so rare that it was believed extinct for 50 years.

To download the Petition to List the Humboldt Marten under the Endangered Species Act, click here.

The Six Rivers National Forest has planned another logging project disguised as fuels treatment within an old growth habitat reserve in the Mad River Ranger District, called the Buck Mountain Vegetation and Fuels Management Project.  The project proposes to commercially log 613 acres of natural forest stands up to 130 years old, construct and reconstruct up to 6 miles of “temporary” roads, log in riparian reserves (stream sides) and in Nesting habitat for the Northern Spotted Owl.

The project also proposes over 1,000 acres of fuels reduction.  EPIC supports small-diameter thinning of fire-suppressed forests, particularly tree plantations and forests prone to uncharacteristic wildfire near homes and communities; however, we do not support old growth logging masquerading as fire-risk reduction.  We know that you also value these irreplaceable resources on our National Forests and will do what it takes to protect them.

Please take a moment to email the Mad River Ranger District to let them know that they must remove elements of the project that threaten mature, large trees near streams, especially in areas reserved for old growth forest structure and regeneration. To take action now, click here.

The proposed project:

If approved, the Buck Mountain project would commercially harvest over 600 acres of natural forest stands up to 130 years old, construct over two miles of new temporary roads, reconstruct nearly four miles of existing roads, log near streams and in Nesting habitat for the Northern Spotted Owl.  Potential harvest is approximated at about five million board feet.  The Buck Mountain Vegetation and Fuel Management Project includes activities within the Eel River Late Successional Reserve (LSR), just south of Dinsmore, California. LSRs were set aside to provide habitat for animals that depend on old growth forest structure. 

The project also proposes thinning almost 400 acres of plantations (past clearcuts), 44 acres of oak restoration, almost 800 acres of non-commercial activity and over 1200 acres of non-commercial fuels treatment.  EPIC supports small-diameter thinning of fire-suppressed forests, particularly tree plantations and forests prone to uncharacteristic wildfire near homes and communities. So, while we stand firmly against the destructive elements of this proposed project, we do support the aspects that will accomplish the goal of fire risk reduction. In addition, we are deeply concerned about the Forest Service’s continued reliance on misleading rhetoric, including logging mature large trees in the name of “fuels reduction” and forest health.

Too often the Forest Service plans proposals that threaten old growth trees but are disguised as fire risk reduction projects. The business as usual attitude to “get the volume out” and reach timber targets by calling commercial timber sales “fuels reduction projects” and “restoration projects” must end. Only a tiny percentage of irreplaceable, old growth forests remain standing. Please let the Six Rivers National Forest know that you do not support logging older forests, especially near streams and in nesting habitat for Threatened species.

Take Action Now! CLICK HERE to send a letter to protect Buck Mountain.

The successful candidate for EPIC’s new Program Director position will have a host of skills and qualities relevant to EPIC’s ongoing work to protect and restore Northwest California’s ecosystems. They will have several years experience in environmental advocacy and litigation, and substantial knowledge of both federal and California natural resource law and policy, in particular NEPA, CEQA, the Northwest Forest Plan, ESA, and clean water law. Excellent written and oral communication skills, and public speaking skills are a must. The ability to dialogue and work effectively with a variety of stakeholders is critical. Tolerance, flexibility, and humor are also vital qualities.
Application Deadline is February 11, 2011

Program Director Job Description:

Position Title: Program Director
Reports to: Board of Directors
Supervises: Program staff
Position Type: Full time, salary
Location: Arcata, California
Salary and Benefits: DOE

Position Summary:

The Program Director is principally responsible for developing, implementing and managing the policy agenda for EPIC’s four intersecting Program areas: Public Lands, Industrial Forest Lands, Biodiversity, and Clean Water. The Program Director is part of the EPIC leadership team, and serves as the anchor for EPIC’s conservation advocacy for the North Coast and Klamath-Siskiyou bioregions in northwestern California. The Program Director works both independently and in collaboration with diverse teams, supervises staff and volunteers, and represents the organization as needed, especially in public fora.

Organizational Background:

The Environmental Protection Information Center (EPIC) is a community-based, non-profit organization that works to protect and restore forests, watersheds, coastal estuaries, and native species in Northern California. EPIC was founded in 1977 when Humboldt County residents came together to end aerial applications of herbicides. EPIC has played key roles in the protection of the Sinkiyone Wilderness State Park, Headwaters Reserve and many other areas; has a long record of effective advocacy on state-regulated forestry issues; and has successfully litigated dozens of cases, including key precedents and cases before state and US Supreme Courts.

For more than 30 years, EPIC has been at the forefront of environmental protection, ensuring that state and federal agencies follow their mandate to uphold environmental laws and protect endangered species. EPIC uses an integrated, science-based approach that combines public education, citizen advocacy and strategic litigation to secure protection for the globally significant biodiversity of the North Coast and Klamath-Siskiyou. (more…)

Today EPIC, the Center for Biological Diversity, Oregon Wild and the Larch Company filed a petition to list the Upper Klamath Chinook Salmon under the Endangered Species Act. The petition could provide additional protection and basin-wide planning, critical for the Klamath Chinook’s recovery.

“The Klamath River Basin and the salmon it supports are a global treasure,” said Scott Greacen, executive director of EPIC. “So far, federal agencies have managed spring-run chinook in the Klamath by ignoring them. Plans for the restoration of the Klamath need to put spring chinook recovery front and center.”

The Klamath River Basin provides the lifeblood for a complex and diverse region, stretching from the mountains of Southwest Oregon to the coast of Northwest California. Tremendous diversity of life depends on the health of the Klamath River and its tributaries, including Tribal river communities, fish and wildlife, farmers and recreational economies. Massive hydro projects like dams and water diversions have dramatically impacted the health of the Basin and its residents.

The petition seeks protection first and foremost for spring-run chinook, now near extinction in its last remaining stronghold. Biologists now count fewer than 300 – 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.

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 asks the Fisheries Service to consider protecting wild fall-run chinook.

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.

Imagine Humboldt! is regional planning designed around a community-based vision of Humboldt County over the next forty years.  It is expected that there will be approximately 24,500 more people living in Humboldt County by 2050, which is slightly less than the current population of the City of Eureka.  A long-term vision is needed to guide future decisions regarding how to accommodate a growing population and economy, while sustaining our quality of life and the natural environment.

Imagine Humboldt! is about our shared future and identifying what Humboldt County residents see as the region’s most important livability features. It provides the community an opportunity to consider the region’s strengths and challenges and to express future growth values and priorities. It is vitally important that the community’s voice is heard and that Humboldt County resident’s work together to ensure we achieve the future we desire.

Please visit the web site at www.imaginehumboldt.com for more details, the schedule of workshops, and the survey.  It is important that this effort encompasses the widest spectrum of opinions from all sectors of our County.  Your input is extremely valuable and needed to truly reflect the vision of Humboldt County’s residents.
Barbara Kennedy, member of the Blueprint Advisory Committee, bkenn202@att.net

EPIC announces an amazing and generous offering by acclaimed photographer J. Patrick Cudahy. Beautifully framed selections from his photographic series “The Secret Space of Tides” are on display at the EPIC office, at 145 South G Street (Suite A). These images provoke intuitive knowledge about visually universal patterns, including tidal, vascular branches that stretch just below the oceans’ surface around the world. Patrick Cudahy’s work expresses a keen sense for capturing expansive perspective and animates a sense of movement in still photography through his observation of color and light.

During the holiday season, these photographs have been deeply discounted to make them affordable for more supporters of EPIC! All of these amazing, framed photographs are available for only $79.00 each!

To look at his full collection, please visit his gallery and look through all of the images there.

To see them in realtime, just stop by the office in Arcata during regular business hours, and look for yourself at these photographic works.

Proceeds benefit EPIC’s work.

Three years after Caltrans first announced their intention to widen Highway 101 through Richardson Grove State Park, no construction has begun. The agency may have cited an urgent need to complete the project, but has not been successful in forcing the project through amidst controversy. In response to deficient environmental documents and inadequate public review,  EPIC and our allies had no choice but to file a lawsuit to stop the project. In addition to a legal battle, the public campaign to protect the grove continues to build momentum. Starting later this month, we will have new opportunities to coordinate our efforts so we might build our political power and influence decision-makers to rescind the project altogether.

At this writing, EPIC, the Californians for Alternatives to Toxins (CATs), the Center for Biological Diversity and five citizen plaintiffs have filed two lawsuits challenging the project, one in State court and one in federal court. The two lawsuits raise many issues to the court, namely that Caltrans did not adequately assess the environmental impacts under either Federal or State laws designed to protect our rivers and forest ecosystems. We have an incredibly talented legal team, including the leadership of Sharon Duggan and the support of the acclaimed Cotchett, Pitre & McCarthy law firm. Soon, these cases will be heard in San Francisco for the Federal lawsuit and in Humboldt County for the state lawsuit. As soon as we hear from either court about scheduled dates, we will post them on our website, so those interested may attend the hearings.  Even with many of the attorneys working pro-bono on this case, the cost of these legal challenges can be overwhelming. Please consider donating to the Richardson Grove Legal Fund, to support the effort.

Rumors and poor media coverage have led the public to inaccurate conclusions about the Richardson Grove highway widening project, including that Caltrans’ project planners have all but one permit to proceed, and that they intend to begin the project as soon as February, 2011.  Sources at Caltrans consistently state that they cannot begin the project next month, and that agency does not, contrary to popular belief, have all of their permits in order to even contract the construction work. Estimated start date for Caltrans is June 2011, but if we have anything to do with it, no project will proceed!

While construction will likely not start as soon as anticipated, our collaborative campaign to protect the ancient stand of redwoods along 101 must now get more organized, for anticipated public events in the coming months. Now is the time for campaign supporters to create visual tools, spread the word and organize regional meetings with a member of the coalition to keep informed.  One self-organized group of activists have taken the first step and organized a meeting (location TBA) during the last week of January. This free potluck gathering in Arcata will offer an opportunity for an in-depth update from EPIC, a strategic planning discussion, and plenty of time to paint banners and build puppets for future rallies. In addition, Richardson Grove Campaign materials will be available, including t-shirts, brochures, stickers and petitions. EPIC will send out an announcement on our Enewsletter list and post details on our website at wildcalifornia.org.

To get your own Save Richardson Grove t-shirt, please stop by the EPIC office at 145 G Street Suite A in Arcata, write epic@wildcalifornia.org, or call 707-822-7711 to make other arrangements. These organic T-shirts cost a minimum donation of $15, and are available in Chocolate Brown, Black, Forest Green, and Natural Beige.

The new Green Diamond Northern Spotted Owl Habitat Conservation Plan proposal has been delayed. According to the US Fish and Wildlife Service, Green Diamond has decided to consider including the Humboldt Marten in the HCP. This is likely a reaction to EPIC’s recent petition to the US Fish and Wildlife Service to list the Humboldt Marten under the Federal Endangered Species Act. Inclusion of the Humboldt Marten in the HCP would allow Green Diamond what is called take means habitat destruction for and what are considered otherwise lawful activities, i.e. logging.

Green Diamond is also still in the process of gathering information on Barred Owls, a habitat generalist that compete with NSO for habitat, and are known to harass NSO. Addressing the complex problems that Barred Owls pose to the conservation of the Northern Spotted Owl will be an important issue to follow in the new Green Diamond NSO HCP proposal.

The new target date for release of the Green Diamond NSO HCP Environmental Impact Statement (EIS) is May or June of 2011. EPIC will continue to notify the public of important developments, and important dates related to the Green Diamond NSO HCP.

The EPIC Board and Staff sends warm holiday greetings to all of you, our online community!

Thanks to your ongoing support and involvement, our work this year has brought in many new allies and generated thousands of online actions in support of the incredible ecosystems of the Northcoast and beyond.

EPIC’s office will be officially closed between Christmas and New Year’s Day, but we can be reached anytime at epic@wildcalifornia.org.

With 2010 drawing to a close, we look toward the New Year with a renewed sense of commitment to protecting the forests and watershedsof Northwest California in 2011.

Sincerely,

EPIC Board and Staff

EPIC's GIS expert created this map of Northern Spotted Owl habitat within the Green Mule Timber Harvest Plan.

EPIC comments to Cal Fire regarding SPI Timber Harvest Plan 1-10-025HUM “Green Mule” have forced the Department to reconsider the plan after the close in public comment.  The new information and changes provided to the plan by SPI will likely require Cal Fire to recirculate the THP, allowing EPIC and the public the opportunity to analyze and comment on the newly submitted materials.

THP 1-10-025HUM, “Green Mule” proposes to log 92 acres, 89 via clearcut.  The THP is within the 1.3mi home range of two Northern Spotted Owl centers.  SPI intends to conduct clearcut logging within 1,000 feet of one of these activity centers.  Clearcut logging within this distance of an NSO can result in significant habitat modification, alteration of home range micro climactic conditions, impair juvenile dispersal, and result in site abandonment.

Also at issue was SPI’s proposal to employ the U.S. Fish and Wildlife Service’s NSO take avoidance guidelines by utilizing interior region habitat definitions, but coastal region retention standards. The FWS has indicated to both EPIC and to Cal Fire that this approach was not scientifically defensible, nor consistent with the intent of the FWS guidance.  In response to our comments on this matter, Cal Fire sent a letter to SPI requiring them to either employ the FWS guidance utilizing the interior region standards, or revamp the plan to comply with the sub-par California Forest Practice Rules NSO take avoidance option, called Option G.

SPI chose to revamp the plan to comply with option G.  Option G allows landowners like SPI to employ sub-standard habitat protection and retention standards.  Option G also allows SPI and others to employ antiquated, and inferior definitions for NSO habitat that represent the lowest possible denominator of what could be considered as NSO habitat.  The FWS has indicated that the use of Option G will not likely avoid take of NSO in many situations.  The “Green Mule” THP clearly represents one of these instances.

SPI has taken its opportunity to employ these sub-par standards, and now proposes to draw the critical area (core area) in such a way that it conveniently excludes the portion of the THP that would clearcut within 1,000 feet of the NSO center.  SPI has reasoned that the THP area in question is not connected to the rest of the NSO core area because it is not typed as nesting/roosting habitat.  However, EPIC’s review of the aerial photography and the THP habitat analysis maps suggests that the habitat typing provided by the RPF is questionable at best, particularly when the use of the sub-par FPR definitions is considered.

Thus EPIC’s comments have forced Cal Fire to reconsider the “Green Mule” THP, and will likely result in recirculation of the THP so that EPIC and the public can review and comment on the changes to the plan and the new information provided to the record.  EPIC will continue to monitor the progress of this THP, and will likely submit further comments if and when the plan is recirculated.