Judge Denies Another PALCO Legal Challenge

Eureka, CA - A visiting judge has denied a request by the Pacific Lumber Company (PALCO) and an affiliated group to stay a decision by the State Water Resources Control Board (SWRCB). Thursday’s ruling by Judge Letton, of Lassen County, marks the second time in four days that he has struck down legal maneuvering by PALCO.

PALCO’s request would have allowed the Regional Water Board (RWB) to reinstate permits for logging in Freshwater Creek and Elk River, which had been vacated by the State Board. Those permits had been overturned by the State Board on June 16th, in response to a petition by the Humboldt Watershed Council, EPIC, and the Sierra Club. The State Board found the approvals under the General Waste Discharge Requirement (GWDR) permits were improper, and violated the California Environmental Quality Act (CEQA).

PALCO is joined in this and two other suits against the Regional Water Board by a group calling themselves the “Owners”. The group has repeatedly claimed that they are not affiliated with PALCO, though their attorney, Frank Bacik, is a long-time attorney for the company. Previous legal filings for the group have come from Scotia Pacific’s offices in Scotia, and Bacik has refused to divulge who actually pays his bills. At Thursday’s hearing, Bacik at times spoke as if he was representing PALCO openly, saying “We have been at this for 6 years,” though the “Owners” did not form until last April.

The case is Pacific Lumber Company and Scotia Pacific Company LLC vs State Water Resources Control Board, et al (CV050516). The case is being heard in conjunction with two other two cases: Pacific Lumber Company and Scotia Pacific Company LLC vs North Coast Regional Water Quality Control Board, et al (CV050674) and Freshwater Creek and Elk River Watersheds Land, Ranch, and Property Owners, Residents, and Managers (“Owners”) vs North Coast Regional Water Quality Control Board, et al (CV050675).

Though the stay and the Temporary Restraining Orders (in the State Board and Regional Board cases, respectively) have all been denied, the cases themselves will go forward with a combined hearing on the merits in early February.

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