Charles Hurwitz's Pacific Lumber has never been known for respecting the law, but on August 30, their lawless logging reached a whole new level. The day before, Judge John Golden had issued a "Stay" Order that directed the company to halt logging operations on 210,000 acres of land. The chainsaws were far from silenced, however, and deep in Humboldt County's forests, an army of chainsaws roared.
Never before has a court order been more flagrantly disregarded. A series of hearings and an additional ruling reinforced the court's August 29th Order, but still the trees continued to fall. By PL's own admission, the company was logging at least a million board feet, the equivalent of 200 logging truckloads, every day. This includes hundreds of acres of ancient forests in the Mattole River watershed and elsewhere.
On November 8, EPIC filed contempt of court charges against PL. EPIC is asking the court to find PL guilty of both civil and criminal contempt, and is requesting an emergency order to halt logging in the meantime.
The Long Road to Justice
Judge Golden issued the Stay Order because "manifest delays" have prevented EPIC's three-year-old case against PL from going to trial. EPIC's lawsuit challenges permits that were granted as part of the Headwaters Deal, including PL's "Sustained Yield Plan," permits to kill endangered species and a blanket "streambed alteration" agreement.
Judge Golden noted that PL has logged under these permits throughout the long period of delay and that a trial could ultimately determine that these permits are invalid. He ruled that a "Stay" is necessary because the denial of due process is putting "sustained timber yields, wildlife habitat and wildlife" at risk of harm.
The evidence showing that PL's permits are illegal could not be more overwhelming. The permits establish an unprecedented rate of logging, and allow PL to kill, or "take," the endangered marbled murrelet by logging almost 10,000 acres of old growth marbled murrelet habitat. This habitat was protected from logging before the permits were issued, and leading murrelet experts believe PL's permit is likely to drive the species extinct. PL also received a similar permit to "take" coho salmon, chinook salmon, northern spotted owls, and a dozen other imperiled species.
The California Department of Forestry (CDF) and Department of Fish and Game (DFG) issued the state permits, and violated many of the basic provisions of law in doing so. For example, the agencies required that PL maintain "late successional forests" in 10% of their assessment areas. However, the agencies replaced the law's definition of late successional forests, which includes old growth characteristics, with PL's. PL's definition is so broad that it includes young, "even-aged" stands of forests that have been subjected to intensive logging, so it does nothing to protect old growth forests or the creatures that rely on their unique attributes.
On November 1, EPIC submitted our Opening Brief to the court, clearly documenting and establishing the many problems with PL's permits and the process by which they were authorized. The trial on the merits is now scheduled to begin on January 21, nearly four years since the case was filed. EPIC has an extremely solid case and has every reason to believe that we will prevail once these issues are finally before the judge. The forests continue to fall, however, and we are fighting like hell to protect what is left standing until that ultimate victory is achieved.
This is one of the most important cases in EPIC's 25-year history. Please join us from January 21 to January 23 at the Humboldt County Courthouse in Eureka to witness this momentous trial.
