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Indybay Feature

Mattole tree-sits under active assault

by semp
Pacific Lumber (PL) has sent employees to remove activists from their tree-top perches, where they are defending trees in an active timber harvest plan (THP)in the Mattole River Watershed.
Bay Area Coalition for Headwaters

October 28, 2002

Timber Company Climbers Try to Fetch Tree-Sitters From Their Perches

Pacific Lumber (PL) has sent employees to remove activists from their tree-top perches, where they are defending trees in an active timber harvest plan (THP)in the Mattole River Watershed. This morning, reports came from forest defenders in the woods that climbers and loggers were in contact with the tree-sitters without law enforcement being on site. The 6 tree-sitters, occupying three trees in THP # 321 in the Rattlesnake area of the Mattole in Humboldt county have been
protesting the continued cutting of old growth and important wildlife habitat along the Mattole River. Timber fallers have also been falling trees in the direction of the tree-sitters, some striking branches of occupied trees as they crash to the ground.

As per an agreement signed by PL and other parties after the death of forest activist David Gypsy Chain in 1998 as a result of a logger falling a tree directly on him, timber workers are supposed to cease cutting operations when they encounter protesters and contact their supervisor, and when appropriate, the Sheriffs Dept. In any event, the loggers are not permitted to carry out law enforcement activity unless deputized. Despite this, two climbers today cut two sitters out of "lock boxes" they had attached themselves in high in a 600 year old Douglas fir tree. At last report, law enforcement had
arrived on the scene at about 12:45, but falling of trees continued.

PL is conducting current logging in blatant violation of a court ordered stay, first issued August 29 in Humboldt court by Judge John Golden. The judge has since clarified the order, explaining that all logging should cease, but plaintiffs in the case, including the
environmental group EPIC and the Steelworkers union (USWA) have been frustrated in their attempts to get the court to actively enforce the order or follow up on PL's contempt of court.
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Bay Area Coalition for Headwaters
2530 San Pablo Ave.
Berkeley, California 94702
(510) 548-3113
bach [at] igc.org
http://www.HeadwatersPreserve.org
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Comments (Hide Comments)
by biggist
The bull goes on.

1) Fallers were not striking the branches of occupied trees. They were not even close.

2) This was not an unentered grove of trees. The last tree that was occupied by a sitter ,has three stumps with in 100 feet of it. I would guess that it had been entered several decades ago.

3) I would doubt that there is a 600 year old fir tree anywhere near this site. They are just not that big. They may look that large, but it is probably because the growth rate was released after the previous harvest.
Sorry,
Biggist

by biggist
The bull goes on.

1) Fallers were not striking the branches of occupied trees. They were not even close.

2) This was not an unentered grove of trees. The last tree that was occupied by a sitter ,has three stumps with in 100 feet of it. I would guess that it had been entered several decades ago.

3) I would doubt that there is a 600 year old fir tree anywhere near this site. They are just not that big. They may look that large, but it is probably because the growth rate was released after the previous harvest.
Sorry,
Biggist

by biggist
The bull goes on.

1) Fallers were not striking the branches of occupied trees. They were not even close.

2) This was not an unentered grove of trees. The last tree that was occupied by a sitter ,has three stumps with in 100 feet of it. I would guess that it had been entered several decades ago.

3) I would doubt that there is a 600 year old fir tree anywhere near this site. They are just not that big. They may look that large, but it is probably because the growth rate was released after the previous harvest.
Sorry,
Biggist

by jefe
they still broke the law -- they climbed up into a tree and attempted to remove tree sitters without aid from law enforcement, which is highly dangerous.
by settlement
For PL to send climbers into the tree tops, they aren't breaking laws which i'm aware of. However, they are violating the court settlement when they do it without any law enforcement around. (Is the court settlement enforcable in a court of law?) PL knew ahead of time they planned to extract the treesitters. Why didn't they coordinate this with law enforcement so no one got hurt? Law enforcement shows up hours after they are out there? That's bullshit and as far as the forest peace alliance, what a waste of time and energy. PL continues to show its disregard for life, whether it's humans or other species. These are the tactics that Gypsy's mother wished to prevent with the settlement, but obviously, Carl and the rest of PL doesn't give a shit about people's safety. Same ol story, different day.

While they where in the trees in the Mattole, EPIC and Sierra Club had them in Humboldt Superior Court on the stay issued by Judge Golden. The judge to the clarification/revocation under submission. The judge seemed to lean to one side, then posed contradictory questions to the other side. To hard to read what he'll do with his stay. PL had Washburn there setting Basic aside as it seems the Co. is worried about this pending stay. Time might be limited on how long these harvesting operations can continue, but then again, they have cut like gang busters lately. No threat of a mill closure. Fallers might be laid off in the next couple weeks, but really hard to say. Today was a busy day for management at PL.
by where have the fish gone?
Today, Oct. 28th, 2002 saw the extraction of the treesits in the mattole. While this took place, the court held a hearing on enforcing the stay. The petitioners(PL/Maxxam) wanted to modify or vacate the stay. They brought up their highest paid lawyers from San Fran. Mr Basic took a side seat to Washburn today. Is PL getting nervous? Anyhow, Fish and Game went through thier objections to the declarations filed in support of EPIC request to enforce the stay. They claimed Fienstein took into consideration the public trust when she brokered the Headwaters deal. Not much to report beyond that aspect of Fish and Game's objections.

Next Fish and Game, the beloved state agency entrusted to protect the endangered species in the Mattole, went on to state why he thought the court should admit into evidence the Mayor of Fortunna's declaration/city council resolution to continue to log. Claimed he was a sociopathic expert. F&G attorney went on this one for a few minutes and then took a seat.

Next up, Edgar Washburn for PL. He wanted the court to Vacate or modify the stay. Claimed the stay was draconian and really was injuctive in nature. Stated he thought the court should have granted the stay pursuant to Cal Civil Procedure section 526 because the logging operations are already ongoing. Stay was granted pursuant to sec 1094.5 back on August 29th, 2002. IE...Washburn admitted nothing's really changed at the company, but he was worried the Plantiff's(EPIC) would continue to file motions or pursue some course of legal action against them. He also stated that because the record for the SYP has been officially certified, that the stay should no longer apply.

EPIC and the Steelworkers refuted these allegations and took their seats pretty quickly, leaving the pleadings to answer any of the judges questions. The judge asked about the numbers game PL has thrown out to confuse him.

Golden inquired into the amount of harvested trees to determine how long the mill could operate. A discussion of a million board feet harvested daily would allow the mill to operate for four days processing the logs. EPIC or steelworkers attornies pointed out at that rate, since they've violated the court order for sixty plus days and have logged, they should be good to operate their mill and sell product for 60x4=240 days. Gee, that'd be after the trial on the SYP case is over. It seemed as if the judge understood that the economic sabatoge the court case was having on PL, was demystified by their own numbers and disregard for the court issued stay. It's a wait and see on this though. The judge wouldn't make a ruling from the bench and primarily sounded like he was heading home to write a major paper. He asked specifics on where to find particular material within the documents on the case.

Meanwhile, PL is harvesting trees at a rate like never seen before.
by biggist must be a logger
since he claims to know how closethe cut trees fell to the treesits. too bad his respect for the earth is outweighed by his greedy self interest
by biggist must be a logger
since he claims to know how closethe cut trees fell to the treesits. too bad his respect for the earth is outweighed by his greedy self interest
by biggist must be a logger
since he claims to know how closethe cut trees fell to the treesits. too bad his respect for the earth is outweighed by his greedy self interest
by biggist must be a logger
since he claims to know how closethe cut trees fell to the treesits. too bad his respect for the earth is outweighed by his greedy self interest
by habitat
fs-lizard_sm.jpg
by NO JOKE
There are serious problems in the world, and the last thing, LAST thing, in the world anybody has time to do is worry about trees and lizards. For crying out loud, don't you have anything else to do? Get a life.
by not a joke
maybe for mr/ms jokster the ecosystem is a joke, but for those experiencing flooding and loss of job from the destruction of the rivers and watersheds we live in, it's not a joke and these are serious issues taking place on the northcoast.

Yes, the looming war in iraq is a serious threat to worldwide sanity, but so are the local issues people face. yes, 20,000 people in san cristobal to break the silence of the ezln is a serious matter, but so is the extinction of the salmon.

la luchue sigue
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