Judge Denies Preliminary Injunction on Jackson State Logging

June 10, Ukiah. Judge Richard Henderson of the Mendocino Superior Court denied a request to prevent two large logging plans in Jackson Demonstration State Forest (JDSF). The request for the preliminary injunction was brought by the Campaign to Restore Jackson State Redwood Forest and Forests Forever in connection with their suit challenging the legality of a recently prepared Environmental Impact Report (EIR) for the Forest.

Judge Henderson denied the injunction despite finding that the Campaign and Forests Forever were very likely to prevail in their action against the EIR and that he would invalidate the approval of the recently developed new management plan.

In a settlement of a previous lawsuit, the California Department of Forestry (CDF) agreed not to conduct any timber operations in Jackson State Forest until a new management was developed and approved. Therefore, as the judge found it very likely that the approval of the new management plan would be set aside, the logical conclusion is that the preliminary injunction would be granted.

However, in reaching his decision, the judge refused to take the previous settlement agreement into account, stating "The terms and provisions of settlement agreement and implementing order are the subject of a separate legal action and are not directly involved in this petition [for the injunction]." He then concluded, "Whatever relief is granted by this court will not have a direct, immediate and independent effect on the validity of the two THPs."

In commenting on the judge’s decision, Vince Taylor, spokesperson for the Campaign to Restore Jackson State Redwood Forest, said, "We are pleased that the judge said he is very likely to set aside the EIR. This is a big victory. It is a giant step toward our goal of changing the purpose of Jackson State from logging to restoration to old growth. But, we are completely flabbergasted by his refusal to enjoin logging. Judge Henderson oversaw and endorsed the previous settlement agreement. The agreement states as plainly as the nose on your face, ‘CDF further agrees that any timber harvest plans in JDSF shall be consistent with the new management plan.’ If the judge rules that the EIR is illegal, as he said he is ‘very likely’ to do, there is no new management plan, and CDF has agreed it will not go forward with these THPs. An injunction is clearly justified."

Paul Carroll, the lawyer for the Campaign to Restore Jackson State Redwood Forest and Forests Forever, stated, "I am perplexed by his decision. All evidence and law leads to the granting of our requested injunction. We are considering our next step."

The case challenging the EIR will be heard July 7, with a decision several weeks later. Whether or not logging starts in Jackson State before the EIR decision may come down to how the state responds to another charge made by the Campaign to Restore Jackson State Redwood Forest. The contracts for the timber harvests are currently under review by the Department of General Services. In a June 3 letter to Jeff Marshner, Superintendent of Legal Services in DGS, the Campaign raised questions about the legality of the bidding process by which the contracts were awarded. The Campaign asked Mr. Marshner to suspend approval of the contracts until the questions raised were answered. If DGS does not consider the Campaign’s charges sufficiently well founded to delay approval, logging in Jackson State could start soon.

Mr. Taylor said, "If these logging plans go forward, it will be tragic. They will destroy the most ecologically and recreationally valuable undisturbed stands in 50,000-acre Jackson State Forest. They will do so despite the near certainty the EIR for the forest will be found fatally defective and that the planned logging will be in violation of the law."

The full text of the letter to Mr. Marshner, Superintendent of Legal Services, DGS, is available at: http://www.jacksonforest.com/letters/dgsletter.htm

See the full text of the letter to the Department of General Services