North Coast
North Coast
From the Open-Publishing Calendar
From the Open-Publishing Newswire
Indybay Feature
Wed Feb 1 2006
Supreme Court Rules for Water Quality, Against Pacific Lumber
Court says Palco's interpretation of water quality law "makes no sense."
In a unanimous and unambiguous decision, the California State Supreme Court has ruled against the Pacific Lumber Company, determining that the Forest Practices Act in no way limits the authority of the State and Regional Water Boards to impose additional requirements on approved Timber Harvest Plans. The decision upholds a previous ruling against Palco by the State Court of Appeals.

According to the decision, "Pacific Lumber's position boils down to the view that the Forest Practice Act implicitly precludes the Water Boards from exercising their authority under the Porter-Cologne Act to impose monitoring requirements (on an approved THP.) Section 4514, subdivision (c) expressly provides that the contrary is true, that the Forest Practice Act in no way limits the Water Board's authority in this respect."

Remarking on some of Palco's arguments, the ruling states "This interpretation makes no sense." The ruling goes on to say "Pacific Lumber's construction also ignores the obvious meaning of the directive that "[n]o provision of this chapter" will limit the power of a state agency. We take the phrase "no provision" to mean what it says, that nothing within the Forest Practice Act. implicitly bars the Water Boards from fulfilling their independent obligations."

06/10/19 Protesters Raise Awareness of Gun Violence with Walk Across Golden Gate Bridge Front Page | Health, Housing & Public Services | Anti-War | San Francisco | North Bay / Marin | U.S.05/10/19 Anti-Fur Activists Stage Bloody Fashion Show Outside Palo Alto Neiman Marcus Front Page | Peninsula | California | Animal Liberation05/10/19 Environmentalists, Fishermen, and Tribes Continue to Oppose Single Tunnel Plan Front Page | Environment & Forest Defense | Central Valley | California05/09/19 ILWU Longshore Workers & Truckers Challenge Oakland A's Billionaire Owner Front Page | Racial Justice | Labor & Workers | East Bay05/06/19 Let Us Live Coalition Pushes to Restrict Police Use of Deadly Force Statewide Front Page | Police State & Prisons | Racial Justice | East Bay | California | Government & Elections05/05/19 Dwindling Orcas Starving for Lack of Salmon, Being Hurt by Boats and Water Pollution Front Page | Environment & Forest Defense | San Francisco | Peninsula | North Coast | California | U.S. | Animal Liberation | Santa Cruz Indymedia05/04/19 Oakland Police Will No Longer Be Able Search Parolees & Probationers Without Cause Front Page | Police State & Prisons | Racial Justice | East Bay | Government & Elections05/04/19 Multiple California Businesses Flouting Law Forbidding Force-Feeding of Birds Central Valley | San Francisco | North Bay / Marin | California | Animal Liberation05/04/19 Authorities Fail to Enforce Animal Cruelty Laws Yet Prosecute Activists North Bay / Marin | Animal Liberation04/28/19 For Extinction Rebellion, Every Day is Earth Day Front Page | Environment & Forest Defense | Central Valley | San Francisco | Peninsula | California | Santa Cruz Indymedia04/12/19 Two-Week Celebration of Resistance Marks 50th Anniversary of People's Park Front Page | Police State & Prisons | Environment & Forest Defense | Health, Housing & Public Services | Education & Student Activism | East Bay
Related Categories: North Coast

We are 100% volunteer and depend on your participation to sustain our efforts!


donate now

$ 137.00 donated
in the past month

Get Involved

If you'd like to help with maintaining or developing the website, contact us.


Publish your stories and upcoming events on Indybay.

IMC Network