A brief history of
developments and their implications.
August 20, 2003, San Francisco. The California
Court of Appeals today inserted itself forcefully into contentious and
complex litigation on logging of California’s largest state-owned forest,
50,000-acre Jackson State Redwood Forest.
were openly hostile to CDF’s contention that a lower court’s invalidation
of a new management plan did not prevent them from carrying out two
disputed logging plans. They told CDF to stop litigating and to get
moving on developing a legally valid environmental study.
At the end, the court practically directed
the lawyer for the Campaign to Restore Jackson State Redwood Forest, the
citizen’s group challenging CDF, to appeal the lower court's failure to
enjoin the disputed plans. They extended a previously ordered
logging-halt of these two plans until such an appeal could be filed.
For more details see
July 30, Ukiah. The Mendocino Superior
Court upheld a challenge to the environmental report for Jackson
State Redwood Forest.
Judge Richard Henderson, ruling on a suit brought by the Campaign to
Restore Jackson State Redwood Forest and Forests Forever, ruled in the
favor on three fundamental issues, including failure to adequately
consider the regional setting and to analyze cumulative impacts of
proposed timber operations.
invalidated the EIR and directed the Board of Forestry to rescind its
approval of the management plan. He also enjoined further timber
operations, but with some ambiguity about the pending plans in Brandon
Gulch and Camp 3.
Summary and Disposition of
San Francisco. Two hours after a petition for relief was filed, the First District Court of Appeals issued a stay
against further logging in Jackson State Forest. Located in Mendocino
County, 50,000-acre Jackson Forest is by far the largest publicly owned
redwood forest south of Humboldt County.
The stay of logging was issued in response to an emergency request by the
Campaign to Restore Jackson State Redwood Forest and Forests Forever.
Logging began in Jackson State Forest on June 11, the day after a
Mendocino County judge denied the environmentalist’s request to enjoin
logging until their legal challenge to the forest’s Environmental Impact
Report (EIR) is heard on July 7.
The Campaign’s lawyer, Paul Carroll, said, “We asked the court of
appeals, first, to stay the logging and, second, pointedly to direct the
Mendocino Court to reconsider its decision.”
In its order issuing the stay, the appeals court requested that parties
file briefs to the court, indicating that it will consider the Campaign’s
request for reconsideration. The stay will remain in effect at least
until after the requested briefs are filed on July 2.
Reply to CDF Brief
June 11, 2003. Logging
operations were started in Brandon Gulch and Camp 3.
2003. Judge Henderson denied the request for a preliminary injunction,
even though he said that he was "very likely" to find the EIR legally
invalid on multiple grounds. ,
May 30, 2003. The Superior Court
of Mendocino, the Honorable Richard Henderson presiding, heard the
Campaign request for a Preliminary Injunction against logging in Camp3
and Brandon Gulch. The court denied the request on June 10
May 18, 2003. The Superior
Court of Mendocino, the Honorable Richard Henderson presiding, heard the
Campaign request for a Temporary Restraining Order (TRO) against
logging in Camp3 and Brandon Gulch. The court denied the request.
May 7, 2003. The Campaign
filed it opening brief in its
lawsuit challenging the Jackson State Forest Environmental Impact Report
October 24, 2002, Ukiah. The
Campaign and Forests Forever filed a legal
challenge against a key environmental document prepared by the California
Department of Forestry (CDF) for Jackson State Forest.
EIR and Management Plan