|
June 1, 2004 Press Release
For
Immediate Release
Campaign to Restore Jackson State Redwood Forest
Contact Vince Taylor, Ph.D. (707) 937-3001
State Pays $200,000
for Jackson Forest Lawsuit Costs
May 27, 2004. The
California Department of Forestry (CDF) today delivered a check for
$203,971 to Paul Carroll, lawyer for the Campaign to Restore Jackson State
Redwood Forest. The payment was for attorney fees and costs of the suit
brought in 2002-03 challenging the legal
adequacy of the environmental impact report (EIR) for a new management
plan for Jackson Demonstration State Forest (JDSF).
In the suit brought
by the Campaign and Forests Forever Foundation, the court ruled that CDF
had failed on a number of substantive and procedural grounds to meet the
requirements of the California Environmental Quality Act (CEQA) and halted
logging in California's largest state forest.
In his decision of
July 30, 2003, Judge Richard Henderson of the Mendocino Superior Court
placed the blame for the halt in logging squarely upon CDF, "[T]he failure
of CDF to prepare an EIR that complies with the minimal statutory
standards leaves me with no alternative but to direct CDF and the Board
[of Forestry] to rescind the approval of the EIR ... CDF and the Board
should have scrupulously followed the procedures adopted-by the
legislature to minimize the risk of an inevitable court challenge and the
potential economic hardship on the management of the JDSF and on the local
timber industry. Instead, CDF virtually ignored the relatively clear
guidelines and conducted a deficient environmental review that will
inevitably further delay logging activities in the Jackson Demonstration
State Forest."
In the hearing on
the request for attorney fees, CDF challenged the request for payment of
costs incurred in preparing comments on the EIR during administrative
proceedings prior to CDF's approval of the EIR. Judge Henderson found,
"Respondents' [CDF's] objection to this segment of the claim is
particularly ironic. As a result of the work, petitioners [the Campaign]
notified respondents of some of the defects in the preparation and
approval of the challenged EIR. Had respondents taken those comments
seriously, they may have avoided this litigation in its entirely…"
In his ruling, Judge
Henderson justified the "substantial" award for a "fairly brief period of
litigation." He said, "… the underlying issues involve the management of a
significant resource within Mendocino County and have generated
significant public debate… CDF and the Board of Forestry chose to ignore
that information [provided by the Campaign during the administrative
hearings], leaving petitioners with no alternative but to file this action
to protect legitimate public concerns. The court has carefully considered
the objections of respondents to this motion but finds those objections to
be ironic at best."
Commenting on the
award, spokesperson for the Campaign to Restore Jackson State Redwood
Forest, Dr. Vince Taylor, said, "We are happy to have our legal costs
reimbursed, but we are especially gratified that Judge Henderson
acknowledged our efforts to avoid litigation by providing extensive,
accurate substantive comments during preparation of the EIR. Many have
blamed the Campaign for "halting logging" in Jackson Forest. Judge
Henderson emphasizes that CDF caused the logging halt by ignoring the
"clear guidelines" of the law and the Campaign's substantial efforts to
inform it about the legal defects in its approval procedures."
Paul Carroll,
attorney for the Campaign, commented, "CDF routinely rejects serious
public comments in it reviews of timber harvest plans, and seldom is the
public able to raise the money to challenge these rejections. CDF's
disregard of the law at Jackson Forest is symptomatic of its general
disregard for the state laws designed to provide environmental protection
for all of California's forests. I am grateful for being able to help
shine a light on CDF's failure to protect our forest heritage."
The Campaign also
prevailed against CDF in an earlier suit challenging the legality of
operating in Jackson Forest under a management plan last updated in 2003.
In this case, Judge Henderson awarded the Campaign attorney fees of
$102,000. CDF appealed this award, and the case in now before the
California Court of Appeal. If the court upholds the award, CDF will pay
the award plus ten percent annual interest from the time of its award.
#####
Disposition by Judge
Richard Henderson in his Ruling on Petitioners' Motion for Attorney
Fees in Case No. 89022, Campaign to Restore Jackson State Redwood Forest,
et. al. versus California Department of Forestry and Fire Protection and
the Board of Forestry
"The award
of fees in this matter is relatively substantial in light of the fairly
brief period of the litigation and the number of hearings before the
court. However, the underlying issues involve the management of a
significant resource within Mendocino County and have generated
significant public debate. During the administrative hearings which led to
the approval of the EIR, petitioners presented CDF and the Board with a
fairly accurate and complete summary of the procedural and substantive
defects in the approval procedure. CDF and the Board of Forestry chose to
ignore that information, leaving petitioners with no alternative but to
file this action to protect legitimate public concerns. The court has
carefully considered the objections of respondents to this motion but
finds those objections to be ironic at best. Petitioners' request for an
award of attorneys' fees and costs is granted. Petitioners' counsel shall
prepare, serve and submit an order consistent with this ruling."
Filed April 2,
2004, Superior Court of California, Mendocino County, Ukiah Branch,
|