EPIC lawsuit judgment against PALCO SYP overturned on appeal

The ruling by Judge Golden invalidating the PALCO Sustained Yield Plan, the Environmental Impact Report for the SYP, and permits derived from the SYP, was overturned by a ruling issued on December 12 from a three judge panel of the First Appellate Court, dealing a major blow to hopes of overturning the Headwaters Deal through the courts. After reviewing the record of the case, the panel concluded that minor administrative errors in the environmental review process surrounding the SYP did not prejudice the outcome of that process in any substantive way, and thus did not constitute grounds for invalidating the EIR, SYP, or any of the attendant permits. Significantly, the Appellate Court also found the plaintiff's contentions on harvest levels projected in the SYP (the nexus of the EPIC lawsuit and the Gallegos lawsuit) to be in error. If this ruling is any indicator, the vital signs of the Gallegos suit don't look good. This is the second ruling by an Appellate Court, and the fourth overall by Appellate and Superior Courts, striking a blow against the EPIC/Gallegos/Humboldt Watershed Council legal strategy against PALCO. Adding another blow to EPIC, the ruling eliminates the possibility of awarding the $6 million in legal fees sought by EPIC. A copy of the ruling is attached.