PL Hearing & notes from Freshwater

One of the most important cases in EPIC's 25-year history reaches a critical juncture this week, with a hearing to decide the issues leading to the court's contentious "stay" against state permits authorized to Pacific Lumber under the Headwater Deal. The hearing begins at 8:30 a.m. on Wednesday, Sept. 18 at the Eureka County Courthouse, Courtroom 10, and we hope you will come out to support EPIC and witness this important event.

The case was filed by EPIC and the Sierra Club and there is also a companion lawsuit that was filed by the United Steelworkers Union.

The court issued the stay in both the EPIC and the Steelworkers case after what it referred to as a "manifest delay" on behalf of the Department of Forestry (CDF) and Dept. of Fish and Game (DFG) to
produce complete, certified administrative records. The agencies were asked to produce the records in April 1999, but not done so to date. Because this type of civil action requires the "administrative record" to proceed, the state's delay has effectively blocked the
case from going to trial. Pacific Lumber, of course, has taken full advantage of the situation--moving ahead to carry out blitzkrieg logging under the permits that are being challenged in the case.


Since the court's stay was issued, CDF and DFG produced some 400 documents that they previously claimed were attorney-client privileged. There are serious problems that remain, however, including more than 20 documents the agencies claim have
"disappeared" as well as a number of documents that were submitted into the administrative record by EPIC. Nonetheless, the state is now moving to lift the court's order, a motion that will be heard as part of the hearing this week.

Please join us in the courtroom to support our efforts to protect the forests, watersheds, and wildlife in Humboldt County!


Wednesday, September 18
8:30 a.m.
Eureka, CA : Humboldt County Courthouse
Courtroom 10
Judge Golden (retired & visiting)
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Posters note: Carl Anderson(Maxxam/PL security goon) and a crew of a couple loggers and some flaggers paid a visit this morning the 17th of September 2002, to the THP(timber harvest plan) which is host to Wren and Remedy's treesits in the Freshwater Drainage. They logged a few small trees and split as the crowd gathered at the base of the trees in the area of the sits. After what appears like the start of a cut for either a log landing or the beginnings of the haul road, they stopped and moved to a second location to do the same amount of preparation cutting. This cutting took place in two different areas a quarter of a mile apart. They were read the court's recent stay order that Epic achieved by a neighborhood resident, but it doesn't appear to be why they stopped. Kinda seemed like a recon for them to see what the community support is behind the sits and potential extraction possibilities or it may just have been casual work being done to the active THP 01-471HUM. Since the work being done was so close to the sits, Carl may have tagged along to oversee the operations and failed to worn the employees or the residents when the trees where about to be felled at the second location that cut in this morning. Carl never says anything when protesters are around, and today was no different. At one point, Carl walked away from the edge of the road and a few seconds later a tree came crashing down ten-fifteen yards from the edge of the road. The tree fell between two standing trees and no one was in the fall zone. Had the tree angled a few feet towards the road and hit the tree that it fell between, PL's worker and the neighbor's could have been hurt from the bounce effect of the tree being felled.. Not a huge deal, but once again, in true form, it shows Carl's complete disregard for human life whether it's PL workers with their backs to the falling trees or concerned residents talking to the PL worker. The entire incident was video taped.

When the four year anniversary of David Chain's murder was brought up in conversation, the PL employee got awful hostile and snotty. His line was that someone put David up there. However, it is known that AE Ammons intentionally feel that tree on David four years ago and the company, the Hum sheriff's and the DA covered up the murder. Some things just never change I guess when it comes to safety.

**Don't forget 6 & 4 month mark Rally for Remedy, Wren and Freshwater will be next Monday at Noon.

Directions: Hwy. 101 (So. of Arcata/No. of Eureka to Indianola Cut-off, drive until stop sign at T. Right at T, drive til 3 corners market. Take Freshwater Road
(sign says Welcome to Freshwater), quick left on Greenwood Hts Rd. Go 1.8 miles, look for tree with cave at bottom on the right.