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EPIC lawsuit judgment against PALCO SYP overturned on appeal
The 2003 judgment by Judge Golden invalidating the PALCO Sustained Yield Plan has been overturned by a three judge Appeals Court panel.
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.
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The author of this article seems to be confused. The lawsuit filed by Humboldt District Attorney Paul Gallegos was not part of the EPIC lawsuit, and Humboldt Watershed Council was not a party. Although it might seem to those in Scotia that any and everyone who objects to Maxxam's rapacious logging rate is part of a grand conspiracy, it isn't true.
I'm sure it would be easier to grasp if the world were black and white, but alas, there are many shades of grey, and many reasons to challenge Maxxam/Pacific Lumber's practices.
I'm sure it would be easier to grasp if the world were black and white, but alas, there are many shades of grey, and many reasons to challenge Maxxam/Pacific Lumber's practices.
The author never claimed that the two lawsuits were the same item. However, they are part of the same legal strategy and the SYP harvest level projection issue in the EPIC lawsuit was largely cribbed into the Gallegos suit. The fortunes of the two suits are linked. The role of the Humboldt Watershed Council in initiating the Gallegos suit is well documented. Documents filed by the DA's office listed Ken Miller of HWC as s consultant in their suit. Still want to claim there's no collusion?
Don't you mean documents stolen from the DA's office? The original post refers to an "EPIC/Gallegos/Humboldt Watershed Council legal strategy against PALCO," as of those three entities got together to strategize. There is nothing to support that claim.
But if members of the Humboldt Watershed Council consulting on a lawsuit by the DA's office equal a "nexus," then there is a full blown conspiracy between Pacific Lumber and Humboldt Police, who go out of their way to do the bidding of "PALCO" when it comes to forest activists or Maxxam's political maneuvering (remember the "Recall Paul" campaign).
But if members of the Humboldt Watershed Council consulting on a lawsuit by the DA's office equal a "nexus," then there is a full blown conspiracy between Pacific Lumber and Humboldt Police, who go out of their way to do the bidding of "PALCO" when it comes to forest activists or Maxxam's political maneuvering (remember the "Recall Paul" campaign).
The "nexus" refers to the items cribbed from the EPIC lawsuit into the Gallegos lawsuit. You would have to be blind not to see the commonality of legal strategy. Ken Miller's role as a consultant in the Gallegos suit is acknowledged on public documents that were not "stolen." It would be naive to believe Humboldt Watershed Council was not versed in the EPIC suit and advocating portions of it (through Miller) as a basis for the Gallegos suit. That's plenty evidence for collusion. In any event, all components of that legal strategy have failed.
So, if somebody decides to trespass at and disrupt YOUR place of business, you call the cops to have them removed, and the cops actually enforce the laws against trespassing and disrupting a business, that's a "full blown conspiracy"? Sounds like the cops are simply upholding the law.
Here's the irony: Having Gallegos recalled would not have been in PL's best interest. Having the Gallegos suit humiliatingly shut down by the courts, rather than dropped by a successor to Gallegos, was the best possible outcome from PL's standpoint. PL was incredibly stupid to jump on the cops' recall bandwagon.
So, if somebody decides to trespass at and disrupt YOUR place of business, you call the cops to have them removed, and the cops actually enforce the laws against trespassing and disrupting a business, that's a "full blown conspiracy"? Sounds like the cops are simply upholding the law.
Here's the irony: Having Gallegos recalled would not have been in PL's best interest. Having the Gallegos suit humiliatingly shut down by the courts, rather than dropped by a successor to Gallegos, was the best possible outcome from PL's standpoint. PL was incredibly stupid to jump on the cops' recall bandwagon.
That’s a new twist! Blame the recall on the cops. It was Maxxam/PALCO who paid signature gatherers $8 per signature to get the recall on the ballot, not to mention the other hundreds of thousands of dollars they threw at the recall effort.
But the role the cops played in the failed recall, as well as other favors they do for Maxxam, cost the police much credibility in the community. Wiping noxious chemicals in the eyes of teenage girls was not exactly “upholding the law.” Neither was the illegal road closure on Greenwood Heights.
The SYP lawsuit was a matter of public record, and had been for years by the time the DA filed the fraud suit against PALCO. And yes, PALCO’s ghouls stole documents and leaked them to the press:
“documents surfaced which had apparently been stolen from the office of Deputy District Attorney Tim Stoen. An Adobe Acrobat file titled ‘Leak e-mail’ appeared to show photocopied printouts of 13 e-mails between Stoen and Ken Miller in February of 2003.”
It’s not illegal to share your concerns with the DA, but if your concerns go against Maxxam’s interests you’re sure to be met with hostility, threats or violence.
But the role the cops played in the failed recall, as well as other favors they do for Maxxam, cost the police much credibility in the community. Wiping noxious chemicals in the eyes of teenage girls was not exactly “upholding the law.” Neither was the illegal road closure on Greenwood Heights.
The SYP lawsuit was a matter of public record, and had been for years by the time the DA filed the fraud suit against PALCO. And yes, PALCO’s ghouls stole documents and leaked them to the press:
“documents surfaced which had apparently been stolen from the office of Deputy District Attorney Tim Stoen. An Adobe Acrobat file titled ‘Leak e-mail’ appeared to show photocopied printouts of 13 e-mails between Stoen and Ken Miller in February of 2003.”
It’s not illegal to share your concerns with the DA, but if your concerns go against Maxxam’s interests you’re sure to be met with hostility, threats or violence.
The recall drive was initiated by the notorious senile right wing hack Robin Arkley (father of Rob Arkley), Fortuna officials, and disaffected cops months before PL became involved. PL stupidly became involved late in the recall petition drive.
Ken Miller's involvement in the suit was publicly disclosed by the DA's office. The content of the Stoen/Miller e-mails is immaterial to that disclosure.
Ken Miller's involvement in the suit was publicly disclosed by the DA's office. The content of the Stoen/Miller e-mails is immaterial to that disclosure.
"Ken Miller's involvement in the suit was publicly disclosed by the DA's office. The content of the Stoen/Miller e-mails is immaterial to that disclosure."
Oh my God...LOL
Oh my God...LOL
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