| New lawsuit filed against the Board of
3, 2002, Ukiah. The
Campaign filed a new lawsuit in Mendocino County Superior Court against the
California Board of Forestry. The new lawsuit
follows a suit filed in June 2000 that resulted in a preliminary injunction
that halted logging in Jackson State Forest.
The new lawsuit alleges that
a July 11, 2001 revision of Board policies
governing state forests was done in violation of the California
Environmental Quality Act (CEQA).
The revision in policy eliminated the
requirement that management plans be maintained current. As a result of
this policy change, CDF and the Board took the position that the
preliminary injunction and underlying lawsuit were moot, and that logging
in Jackson State could go forward.
In August, the court initiated settlement
negotiations and the parties verbally agreed to a settlement that would
have preserved the key demand of the Campaign's suit: that no further
logging take place until a new management plan and Environmental Impact
Report are approved. Despite
concerted efforts of the Campaign's lawyer,
details of the agreement could not be agreed upon
by the end of 2001.
The Campaign had no choice but to file the
new lawsuit against the Board of Forestry, because the time for filing
allowed by statute of limitations was about to run out. If the Board's
policy revision was allowed to stand, the initial lawsuit would have been
mooted and the injunction dissolved.
In commenting on the new
suit, Vince Taylor, Executive Director of the Campaign said, "We filed the
new suit reluctantly. We tried our best to translate the general agreement
among the parties, reached last August, into a written agreement. Frankly,
as time passed, CDF and Board seemed increasingly reluctant to negotiate in
good faith, introducing new, unrelated, and unacceptable terms into the
"In August, CDF was
confident that it would complete a new management plan in time to begin
logging at the start of the 2002 logging season. I surmise that CDF now
realizes that preparing a legally acceptable management plan and
Environmental Impact Report will require much longer than it then thought;
thus it is no longer motivated to reach a settlement.
"Our lawyer is 100%
confident that the Board violated CEQA and that we will prevail in our new
lawsuit. CDF and the Board are simply wasting taxpayer's money by
refusing to settle the earlier suit on the agreed terms."
See the Campaign's
Petition to the Court