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June 17, 2003
Press Release
For Immediate Release Contact: Vince Taylor, Ph.D.
(707) 937-3001
Paul Carroll (legal) (650) 322-5652
Court Grants
Stay of Logging in Jackson State Forest
Campaign Accuses CDF of “scandalous behavior” and Conflict of
Interest
June 17, San Francisco. The First District Court of Appeals today issued
a stay against further logging in Jackson State Forest. Located in
Mendocino County, 50,000-acre Jackson Forest is by far the largest
publicly owned redwood forest south of Humboldt County.
The stay of logging was issued in response to an emergency request by the
Campaign to Restore Jackson State Redwood Forest and Forests Forever.
Logging began in Jackson State Forest on June 11, the day after a
Mendocino County judge denied the environmentalist’s request to enjoin
logging until their legal challenge to the forest’s Environmental Impact
Report (EIR) is heard on July 7.
The Campaign’s lawyer, Paul Carroll, said, “We asked the court of
appeals, first, to stay the logging and, second, pointedly to direct the
Mendocino Court to reconsider its decision.”
In its order issuing the stay, the appeals court requested that parties
file briefs to the court, indicating that it will consider the Campaign’s
request for reconsideration. The stay will remain in effect at least
until after the requested briefs are filed on July 2.
Mr. Carroll explained the basis for the appeal, “The Mendocino judge
erred fundamentally. Without a valid EIR, the California Department of
Forestry, which manages Jackson State Forest, is prohibited from logging
there. The judge found that he was “very likely” to rule in our lawsuit
that the EIR for Jackson State is invalid. Inexplicably, the judge
refused to connect the dots and issue the injunction.”
The Executive Director for the Campaign to Restore Jackson State Redwood
Forest, Dr. Vince Taylor, said, “We are extremely happy to finally reach
a responsive court. But, this stay should not obscure what led up to the
appeal. Mendocino Court’s Judge Henderson’s failure to issue an
injunction was bizarre at best. But, CDF’s behavior constitutes an
outright scandal. The California Department of Forestry (CDF) is acting
like Pacific Lumber or some other big industrial timber firm, rather than
as the agency legally charged with the responsibility for enforcing
environmental protection for California's forests. The judge as good as
said that he would shortly find the EIR invalid, making logging in
Jackson Forest illegal. Given its position as guardian of the forests,
CDF ought to have taken every precaution to avoid violating the spirit of
the environmental laws. Instead, CDF rushed to log as much timber as
possible before being enjoined by the court.”
Dr. Taylor said, “This case has stripped off the public-relations façade
that CDF has placed over what is just a big industrial logging operation
run to generate profits for state forestry programs. CDF loses no
opportunity to emphasize that they run Jackson State for research and
demonstration on good forestry practices. Nowhere in the policies
governing the state forests is the word ‘revenue’ even mentioned. But,
CDF actions are all about money.
“CDF’s court documents never mention research and demonstration. They are
all about revenue. Ross Johnson, Deputy Director of CDF, declared that
‘further blockage of state forest activities and revenues will further
exacerbate the problem of being able to hire fire captains…[and we will]
see continued reduction or elimination of funding needed to address
critical forest pest issues…’ No mention is made of harm to research or
demonstration projects. Worthwhile as the activities Mr. Johnson cites
are, they should not be funded by cutting the public’s trees.”
Bill Heil, Campaign board member, emphasized that CDF has a strong
conflict of interest when it comes to Jackson State Forest, “On the one
hand, CDF is the enforcer of our forest environmental laws. On the other
hand, it manages Jackson State Forest to make money for its forestry
programs. When push comes to shove, as it has in Jackson State, the
environment is the loser. Jackson Forest needs an independent oversight
committee that is not subject to Sacramento budget pressures.”
The timber harvest plans (THPs) being pursued in Jackson State are named
Brandon Gulch and Camp 3. Together they cover 900 acres of 100-year old
undisturbed second growth in the heart of the recreation area of Jackson
State. The plans would cut 35,000 trees and 20 million board feet of
timber. The timber mills who have contracted for the timber are Mendocino
Forest Products and Willits Redwood Company.
Appeal Brief
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