Mattole Forest Activists in Fifth & Final Week of Trial

The Mattole SLAPP (Strategic Lawsuit Against Public Participation) will
be in its 5th and final week beginning Monday, September 18, 2006, as
activists present the rarely permitted “necessity defense” to the court.
In spring of 2001, after a long-standing Mattole Free State which brought
hundreds of forest defenders out to the rugged Rainbow Ridge area of the
Mattole watershed, Maxxam/Pacific Lumber brought a
several-hundred-thousand-dollar lawsuit against community residents and
others in an attempt to silence critics of PL’s destruction of the old
growth Mattole forests.

Maxxam/PL on the first day of trial, 5 ½ years after filing the lawsuit,
dropped the monetary damage claims (victory for the defendants), yet have
been nonetheless arguing for an injunctive judgment against 4 activists
in the 5-week trial.

While Pacific Lumber’s attorney tries to portray the case as a “simple
matter of trespass” and claims that PL has been harmed, the activists
have already brought evidence to the contrary. They assert that the case
requires a review of the ecological ‘emergency’ circumstances created by
the timber company, and that the law supports the activists’ actions to
avert the emergency. Defendant activist Ayr explains, “Our actions were
absolutely necessary to prevent Maxxam’s unsustainable and destructive
forest practices. The company has shown blatant disregard for the
long-term health of this community.”

The activists, representing themselves, have called to the witness stand
an amazing array of community members, including restoration workers and
public trust advocates. These witnesses have brought evidence of the
overwhelming harm caused by Maxxam and have told of years of struggle to
protect and restore the Mattole river watershed. A common theme
throughout all of the witness’ testimony has been the utter failure or
refusal of regulatory agencies, such as California Dept. of Forestry, to
act on behalf of the public trust. Also, evidence has made clear that
the threats to the Mattole have been intensified by the infamous 1999
Headwaters Deal, which allows the killing of endangered species and the
‘taking’ of their habitat.

The activists’ case has shown that Maxxam’s actions, riddling the
hillsides with clearcuts, have forever damaged endangered species’
habitat, water quality, and the property of downstream residents, and
have fragmented what was once the largest unprotected and intact coastal,
old-growth Douglas Fir forest-- the North Fork Mattole area. The Mattole
region experiences highly seismic activity and is prone to landslides.

On Monday, C.A.T.S. (Californians for Alternatives to Toxics) director,
Patty Clary, testifying about dangerous herbicide use by PL, and
long-time watershed advocate, Traci Thiele, will continue to show why
Maxxam/ PL needed to be stopped.

Defendants encourage the media and the community to come witness this
trial, a part of the epic struggle of truth and survival versus corporate
greed. Trial resumes Monday, September 18 in courtroom 3, and closing
arguments are expected through Wednesday the 20th. Defendants will be
available at 12:10pm on Monday for a press conference. Trial is from
8:30am to 12:00pm every day.
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"Anyone can give up, it's the easiest thing in the world to do. But to
hold it together when everyone else would understand if you fell apart,
that's true strength."
--Friedrich Nietzsche

>From Flowers in the Sidewalk: "Always remember that our individual
actions are tha beginnings of total change and everything you do has a
massive effect, like tha slow and sure flowers in tha sidewalk which in
time will overcome even the most vile cities." - Sean Shit

=================================
So, this is the press release that was sent out Friday, Sept. 15. This is
also the end of what is recognized by the (Forest) Regulatory Agencies as
Marbled murrelet nesting season. Marbled murrelets are sea-going birds
that nest in the high branches of old growth Redwood trees (and maybe old
Doug Firs). So, this is the time of year when Pacific Lumber goes into
particular ancient forest areas to cut the murrelet's habitat. Please keep
that in mind and look for alerts regarding forest defense actions. One
such home area for murrelets is (in trees) near Nanning Creek (tributary
of the Eel River). There are currently treesits that protect some
600-1500 year old trees!

Please check out saveancientforests.blogspot.com

"Be kinder than necessary, for everyone you meet is fighting some kind of
battle."