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Through the infamous Headwaters "Deal," Maxxam/Pacific Lumber obtained a 120-year logging plan and permits to kill marbled murrelets, northern spotted owls, and numerous other imperiled species that are listed as threatened or endangered under the Endangered Species Act. The company also received a "blanket" permit to alter streambeds throughout its 210,000-acre ownership. EPIC filed suit on March 31, 1999 to challenge these plans and permits, including the amount of destruction marbled murrelet habitat they authorize and the deficient manner in which the cumulative impacts of logging such a vast number of acres of ancient forest were analyzed. The suit also challenges the poor standards it sets for a broad, ownership-wide streambed alteration agreement.
After more than four years of delay, a trial on the merits was finally heard from March 26 through March 29, 2003. On May 19, 2003, EPIC received a tentative decision from the court that indicates a final judgement will be issued in EPIC's favor on all counts, finding that the California Department of Forestry and Department of Fish and Game prejudicially abused their discretion in granting each of the challenged permits. On June 22, 2003, a final ruling in EPIC's favor was issued by California Superior Court Judge Golden.
See full text of Judge Golden's Superior Court decision:
http://www.wildcalifornia.org/cgi-files/0/pdfs/1138841211_SYP_Golden_Decision.pdf
Pacific Lumber subsequently initiated an appeal that resulted in a reversal of Judge Golden's decision, finding in favor of Pacific Lumber on all counts except for one, noting that an error had been made by PL concerning the Incidental Take Permit (ITP) covering unlisted species.
See full text of the Court of Appeal Decision:
http://www.wildcalifornia.org/cgi-files/0/pdfs/1138831718_SYP_Court_of_Appeal_Decision.pdf