The case was filed on March 31, 1999 and took a series of long, twisted turns from the start. Almost a year into the case, Judge Michael Brown removed himself due to his relationship with a PL executive. The lawsuit was then assigned to Judge Timothy Cissna, and EPIC began the process of waiting for the California Department of Forestry (CDF) and Fish and Game (DFG) to produce for the court the administrative records on the permits.
It was a long wait, and when the records were finally produced, EPIC discovered numerous documents had been excluded. Conveniently, these just happened to be comments and evidence that scientists and attorneys submitted on behalf of EPIC. This issue was fully briefed and argued, and EPIC began waiting for Judge Cissna to rule on the issue so the case could proceed.
Instead, 18 months after the case was assigned to him, Judge Cissna disclosed that he has a bias from a personal relationship with a Pacific Lumber employee, and he removed himself from the case. By then it was November 2001.
During this time, PL was using the permits at issue, racing to log old growth redwood and Douglas fir forests were sacrificed through the Headwaters Deal. EPIC filed a motion for a preliminary injunction in December 2001, seeking to halt further destruction of ancient marbled murrelet habitat until a trial determined the case on its merits. Judge John Golden was assigned to the case a month later, and after multiple hearings, EPIC's motion was denied.
At this point, CDF and DFG were refusing to turn over hundreds of documents to the court and still had not certified the administrative records. This effectively blocked the case from proceeding to trial, and in July 2002, EPIC filed a motion for a "stay" on the permits for this reason. Judge Golden granted the motion in August 2002, ruling that a "stay" was necessary because "manifest delays" were putting "sustained timber yields, wildlife habitat and wildlife" at risk of harm.
Pacific Lumber never complied with the "stay," and on November 18, 2002, Judge Golden ordered Pacific Lumber to show why the court should not hold it in contempt for continuing to log. However, a week later, Judge Golden issued a new ruling that exempted from the "stay" all active and pending logging operations, clearing the way for logging to proceed. Pacific Lumber threatened to delay the trial again if EPIC pursued the contempt charges, and in light of this and the court's December ruling, EPIC dismissed the charges without prejudice, meaning they can be brought again at a later date.
Now the day has finally arrived to put the permits issued under the Headwaters Deal on trial. The issues being decided will not only determine the fate of 210,000 acres that are owned by Maxxam/Pacific Lumber, but could also set legal precedents under the California Fish and Game Code and Forest Practice Act. The three-day trial began on March 24, and Judge Golden indicated he will likely issue a ruling sometime this summer. EPIC has every reason to believe the court will find that CDF and DFG broke the law when they issued Pacific Lumber's permits, and vows to see that these permits, and the destruction they authorize, are overturned.
Case Summary
The following summarizes the allegations being decided in EPIC's case.
- The "Sustained Yield Plan" (SYP) failed to properly evaluate impacts to old growth forests
- PL's SYP's fish and wildlife assessment and watershed assessment failed to analyze cumulative impact
- PL's SYP lacked necessary information, including a complete sustained timber production assessment
- The Dept. of Fish and Game (DFG) failed to fully mitigate adverse short-term impacts to endangered marbled murrelets
- DFG exceeded its authority by issuing future permits to kill native species in the event they are listed under the Endangered Species Act (ESA)
- DFG illegally authorized killing of endangered northern spotted owls and the destruction of their nests
- DFG violated the public trust doctrine in issuing permits to kill species that are listed under the ESA and failing to protect the state's wildlife from substantial population declines
- DFG's "master" streambed alteration agreement violates the Fish and Game Code
- The Environmental Impact Report (EIR) failed to adequately evaluate significant adverse impacts, including impacts to endangered marbled murrelets and cumulative environmental impacts
