Publish to Newswire
Add an EventFrom the Open-Publishing Calendar
From the Open-Publishing Newswire
Indybay Feature
Judge Denies Another PALCO Legal Challenge
Pacific Lumber's tactics to stop proceedings of the California State Water Board struck down by Judge Letton.
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.
###
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.
###
Add Your Comments
Comments
(Hide Comments)
From the Times Standard of Eureka:
The Pacific Lumber Co. has won a major reversal of a 2003 ruling that invalidated key elements of the Headwaters Forest deal.
A three-judge panel of the California Court of Appeals 1st District on Monday upended Judge John Golden's decision that struck down the company's 100-year plan to log its 200,000 acres. The Lake County judge's ruling was considered a milestone in environmentalists' fight against the company, and reflective of the Humboldt County District Attorney's Office fraud suit against Palco.
Palco spokesman Chuck Center called the appeals court ruling a major vindication.
”It validates the Headwaters agreement,” Center said.
The Environmental Protection Information Center and the United Steelworkers Union launched the enormous suit shortly after the Headwaters deal was signed in March 1999. Palco and Elk River Lumber Co. were paid $480 million for 7,400 acres of the Headwaters Forest and two smaller groves, and state and federal plans were put in place to guide the company's cutting over decades.
The Pacific Lumber Co. has won a major reversal of a 2003 ruling that invalidated key elements of the Headwaters Forest deal.
A three-judge panel of the California Court of Appeals 1st District on Monday upended Judge John Golden's decision that struck down the company's 100-year plan to log its 200,000 acres. The Lake County judge's ruling was considered a milestone in environmentalists' fight against the company, and reflective of the Humboldt County District Attorney's Office fraud suit against Palco.
Palco spokesman Chuck Center called the appeals court ruling a major vindication.
”It validates the Headwaters agreement,” Center said.
The Environmental Protection Information Center and the United Steelworkers Union launched the enormous suit shortly after the Headwaters deal was signed in March 1999. Palco and Elk River Lumber Co. were paid $480 million for 7,400 acres of the Headwaters Forest and two smaller groves, and state and federal plans were put in place to guide the company's cutting over decades.
We are 100% volunteer and depend on your participation to sustain our efforts!
Donate
$40.00 donated
in the past month
Get Involved
If you'd like to help with maintaining or developing the website, contact us.
Publish
Publish your stories and upcoming events on Indybay.
Topics
More
Search Indybay's Archives
Advanced Search
►
▼
IMC Network