🚀 go-pugleaf

From: Tracy Katelman <tkatelman@igc.apc.org>

EPIC - Environmental Protection Information Center POB 397,
Garberville, CA 95542 707-923-2931, 707-923-4210 fax

MEDIA RELEASE           SEPTEMBER 28, 1995      FOR IMMEDIATE
RELEASE

Contact:        Cecelia Lanman, Dana Stolzman, EPIC 707-923-2931
		Stacey Schull, Endangered Species Coalition
		415-543-8543

Big Victory for the Headwaters Ancient Redwood Forest!

Environmentalists are celebrating today's decision by San
Francisco Federal District Judge Maxine Chesney to award a
Preliminary Injunction temporarily halting salvage logging of
ancient and "residual old-growth" redwood forests on Pacific
Lumber Company land in Humboldt County, California.  Until the
federal trial, the Injunction stops Pacific Lumber's (PL) proposed
Exemption logging in the Headwaters Forest.  It includes
protection for all the ancient redwood groves, the US Fish and
Wildlife Service recently proposed marbled murrelet critical
habitat area (roughly 40,000 acres), and scattered tracts of
residual old-growth forests as mapped by EPIC from PL harvesting
plans.  It does not stop current approved Timber Harvest Plans in
these same areas.

Citing significant legal questions regarding the role of the US
Fish and Wildlife Service in the California Timber Harvest Plan
Exemption process, and a high probability of harm to the northern
spotted owl and the marbled murrelet, Judge Chesney set the stage
for a full hearing on the issues. She stated, "the court believes
(the evidence presented) is sufficient to show a likelihood of
jeopardizing the species" in its existence and habitats.  Thus
there are merits to EPIC's case and deserving of a Preliminary
Injunction.

EPIC returned this month to Federal Court to challenge Pacific
Lumber's salvage logging operations throughout their ownership.
After September 15, the official end of marbled murrelet nesting
season, PL was poised to begin removal of "dead, dying, and
diseased trees" under three exemptions filed with the California
Department of Forestry.  The Exemption allows timber companies to
forego the normal Timber Harvest Plan process and public review,
the functional equivalent to an  environmental impact statement.

Referencing a declaration by Stephen Singer, marbled murrelet
expert, the court recognized that the  removal of standing dead
trees may affect the integrity of the forest canopy P which is
essential to the success of marbled murrelet breeding. Helicopter
hauling of downed logs in a closed-canopy forest such as this, as
proposed by Pacific Lumber for the Headwaters Forest, has never
been tested; disturbance to critical murrelet nesting branches is
certain to result.  According Kim Nelson's declaration, another
well-known murrelet expert, the small seabird has a year-round
presence in the ancient groves, and a high nest-site fidelity.
This directly counters agency allegations that disturbance to
murrelet habitat will not affect the species outside of the
"official" nesting season.

Shortly after the victorious decision, a jubilant Cecelia Lanman,
EPIC Programs Director stated, "This injunction temporarily
protects the most critical areas of old growth redwood and Douglas
fir on Pacific Lumber land.  We hope that we will now have enough
time to get everyone at the table to negotiate how to permanently
protect Headwaters in a debt for nature swap."

- end -