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Judge orders Pacific Lumber to stop logging
Redding.com/Sierra Times ^
| Aug. 31, 2002
| AP
Posted on 09/01/2002 6:37:48 AM PDT by madfly
August 31, 2002 2:13 a.m.
SACRAMENTO (AP) Environmental groups on Friday hailed a Humboldt County Superior Court judge's unexpected ruling ordering a temporary halt to logging by Pacific Lumber Co. The company, however, believes the order will have no immediate impact, particularly if two state agencies quickly comply with the judge's order requiring them to submit documents in a 3-year-old lawsuit.
"We're not going to close down operations until and unless we get some further order," said Jared Carter, executive vice president and general counsel.
"If (the state's compliance) doesn't happen quickly, it could have some impact on us," he said, but "I'm hoping that the state gets this record issue stowed away in days, not years."
The Environmental Protection Information Center will go back to court as quickly as possible to get that shutdown order, said spokeswoman Cynthia Elkins.
EPIC and the Sierra Club, which together brought the suit, believe Judge John Golden's order affects all timber cuts approved under the state's Headwaters agreement, which includes all Pacific Lumber's current logging operations as well as future cuts. More than 100 cuts were approved by the state last year.
"It's our opinion that these logging operations would have to stop," Elkins said. "(The judge's) intent was to stop the harm during this time period, until the state gets its act together."
Golden ordered the stay Thursday because he said state agencies that oversee timber harvests delayed three years before submitting a formal administrative record. The judge said that record purportedly encompasses "about 75,000 pages of material contained within 47 cardboard 'bankers boxes.' "
The agencies then asked for more than 400 exemptions to the court-ordered disclosure, claiming attorney-client and other privileges. Golden said he must now begin "extensive evidentiary hearings" on those claims, including public testimony and a private review of each of those documents.
"We have been doing our best to complete the record and comply with the judge's request," said Department of Forestry Deputy Director Louis Blumberg. The department submitted its final box of documents this week, but will not approve any more Pacific Lumber logging plans next week while it waits for further direction from the judge, he said.
The Department of Fish and Game, also named in the suit, said it will not comment until next week, after its attorneys review the ruling.
Golden rejected arguments that his stay would hurt the company and northwest California's regional economy. The ruling affects 211,000 acres owned by the Scotia-based company, Golden noted in his 14-page ruling.
Without a court-ordered stay, Golden said logging that could hurt timberlands and wildlife would continue. He rejected arguments that state agencies sufficiently took those environmental concerns into account in their decisions.
Under the circumstances, the judge ruled his stay "is not against the public interest, but, to the contrary, serves the public interest."
Golden also rejected the company's contention that any stay requires EPIC and the Sierra Club to post a "substantial" bond to cover the company's potential losses.
No such bond is needed, he ruled, in part because "the stay is issued for the protection of the public interests."
Saturday, August 31, 2002
TOPICS: Business/Economy; Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Front Page News; Government; News/Current Events; US: California
KEYWORDS: antiamericanecos; badscience; california; ecobadscience; ecojudges; ecomaniacs; economicterrorism; ecowhackos; enviraljudges; foresthealth; impeachecojudges; insaneroothuggers; insanetreehuggers; leftwingjudges; logging; sierraclub
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EcoManiacs Alert
1
posted on
09/01/2002 6:37:48 AM PDT
by
madfly
To: Libertarianize the GOP; Ernest_at_the_Beach; Stand Watch Listen; freefly; expose; ...
ping
2
posted on
09/01/2002 6:38:38 AM PDT
by
madfly
To: madfly
Another sh*t-for-brains Kalifornia judge.
3
posted on
09/01/2002 6:46:11 AM PDT
by
JEC
To: JEC
bttt
4
posted on
09/01/2002 6:51:26 AM PDT
by
madfly
To: madfly
I have not followed this case at all but it is hardly a surprise to see more proof that, so far as the DRC is concerned, ideology trumps both citizen's rights and any protections the constitution sought to guarantee.
5
posted on
09/01/2002 6:58:57 AM PDT
by
norton
To: madfly
This is just another blatant effort by the anti American Watermelon Green Jihadists to stop all logging in America.
If this POS acting as a judge is a card carrying enviral, he should be impeached for not recusing himself.
To: JEC; madfly
"Another sh*t-for-brains Kalifornia judge."
That's true but don't forget that Epic had to stir this up with their anti-busness position. Epic has already succeded in forcing Barnum Timber, Blue Lake Forest Products and Ell River Sawmills to give up and sell out and when they do the same to PL they will start on Simpson Timber and then Sierra Pacific. That will be the final chapter for the Timber Industry here in Humboldt County.
BTW...this was posted and discussed on Friday.
To: madfly
How do you like the Sierra club's
Campaign to End Commercial Logging in National Forests?
Talk about a scorched-earth policy, literally! These idiots would rather see the forests burn to the ground than to see a logging company make a wooden nickel from commercial logging. Letting these hypocrites dictate forestry policy has been a total disaster, and their suggestion to fix the problem is to do more of the same.
To: madfly
SAVE OUR FORESTS!
The percentage of Africa that is wilderness: 28% ( now get this...) The percentage of North America that is wilderness: 38%
I guess we need more protected forests from lumbering. Those loggers are a dangerous bunch.
9
posted on
09/01/2002 8:06:54 AM PDT
by
B4Ranch
To: Excuse_My_Bellicosity
Would it not be fun if MR.Environment Al Gore were president. Bush may be a lightweight but he at least has some common sense. When the whole country has the wonderful political alignment we have here in Cali.land where do we all move to?
10
posted on
09/01/2002 8:07:49 AM PDT
by
willyone
To: madfly
11
posted on
09/01/2002 8:11:55 AM PDT
by
ChadGore
To: Grampa Dave
Again agreeded! Last year WV suffered some of the worst flooding in our history.....we got 11 inches of rain in 4 blasted hours after days of rain were the ground was already saturated........so I guess what I am getting ready to say next surprises no one------the enviro wacko's are suing the mininging and timbering companies! They are trying to shut them all down!
Our current governor is a whimp, but I think he is going to fight the decisions some of the judges have made as results of the "studies" that were done.....of course these studies says it was all the timbering and mining fault...bs, it rained 11 inches! But once again, it proves the "War on the West" is now everywhere!
To: countrydummy
Welcome back! Good to see you on line again.
To: B4Ranch
Don't forget those dangerous farmers, ranchers and people like you and I who like to live around these nice areas.
To: Excuse_My_Bellicosity
You are exactly right when you say environmentalists would rather see the forest burn than a capitalist make any money off the timber. Another disturbing facy is that the timber to be harvested is on PRIVATE PROPERTY!!! This is blatently socialism at work and has to be stopped in it's tracks, or it will ultimately affect every landowner/farmer/rancher in the US.
To: madfly
"Golden rejected arguments that his stay would hurt the company and northwest California's regional economy. The ruling affects 211,000 acres owned by the Scotia-based company, Golden noted in his 14-page ruling. Without a court-ordered stay, Golden said logging that could hurt timberlands and wildlife would continue. He rejected arguments that state agencies sufficiently took those environmental concerns into account in their decisions.
Under the circumstances, the judge ruled his stay "is not against the public interest, but, to the contrary, serves the public interest."
Unbelievable!
Thanks for the ping.
To: Grampa Dave
It is so gooood to be back! Had the scare of my life for sure! Still have to take it easy, but setting around is not one of the best things I am good at!
To: countrydummy; All
Here's something you can do to directly and negatively impact the powerbase of the enviral-whackoists...help us defeat their buddy Jay Rockefeller on November 5th.
EV
wolfeussenate@aol.com
To: Excuse_My_Bellicosity
Oh, I like the "letter to the editor" spot the Sierra Club site has.....I'll be back.
19
posted on
09/01/2002 10:12:41 AM PDT
by
AuntB
To: madfly
BTTT
20
posted on
09/01/2002 11:12:56 AM PDT
by
hattend
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