|
Current Alerts
Support your forest with a donation.
News and Past Alerts
News Stories -
Chronological
News Stories by Category
Second Environmental Impact Report
Jackson Forest Legislation
Lawsuits and
Legal Actions
EIR 1 and Management Plan
Past
Alerts
Recreation Committee
Meets Saturday, July 26
The next meeting
of the Jackson Forest Recreation Committee will be on Saturday, July 26
from 10:00 a.m. to noon at the Fort Bragg Senior Center, 490 N. Harold
Street..
This meeting
follows up on the very successful first meeting, where five recreation
groups prepared lists of their major interest, concerns, and goals. This
meeting will focus on choosing near-term priorities for action (such as
inventorying and mapping trails), assigning responsibilities, and setting
milestones.
The meeting will
also discuss how best to organize a Jackson Forest users group. Formation
of a user group supported by the staff of Jackson State Forest is part of
the new management plan.
If you live near
Jackson Forest or want to enhance recreation in the forest, please attend.
More information and
recreation reports.
 |
|
Hikers in Brandon Gulch
Jackson Forest |
On July 28, 2008, the
Recreation Committee of the Jackson Advisory Group (JAG) had its first
meeting. In addition to Committee members Peter Braudrick and Vince
Taylor, about 30 avid recreationists attended.
A brief introduction stressed that both
the new management plan and the charter of the JAG mandate the
development of expanded recreation opportunities in Jackson Forest. Now
is the time for the community to make known its desires and to help
design the recreation plan for the forest. The JAG has through 2010 to
develop its recommendations for changes to the management plan. A
recreation plan can be a part of the JAG’s recommendations. Unlike the
past, Cal Fire is receptive to public input, and there will be funding to
support recreation.
Five different recreation interests were
represented, with many people supporting multiple interests: Hiking, Off
Road Vehicles (OHV), Bicycling, Equestrian, and Shooting. It was
wonderful to see the respect, empathy, and mutual support expressed by
almost everyone in the room. Everyone was excited by the obvious
opportunity to see more and better recreation in Jackson Forest.
The meeting broke into sub-groups to come
up with points, goals, and priorities. Then each group presented its
findings to the meeting as a whole, receiving comments and questions.
There were common points among the groups. Almost everyone wanted an
inventory and good maps of the present trails. There was a strong desire
to expand the trail system. Also, the different groups wanted to be able
to find ways to let each group have its favorite recreation without
harming others’ pleasure in the forest.
Each group wrote up a report of the
points coming out of its discussion. These are published
here.
Also, and importantly, they are published as separate posts
on the new Jackson Forum Blog.
At the Forum, you can easily add your ideas,
suggestions, and questions to the area of recreation that interests you
the most:.
Please take the time to
visit Jackson Forum and
add your ideas and thoughts to the appropriate place. If you have
an interest not represented in the reports, please add your thoughts in a
comment to the posts.
Contact me if you want to make
your own post.
Upcoming Meetings
June 23 and June 28
June 20, 2008.
Several upcoming Jackson Forest meetings are important
for those who want to influence the the future of
Jackson State Forest
-
A newly
formed Recreation Subcommittee will hold its initial meeting on
Saturday, June 28, 2008 from 10:00-12:00 noon at Jackson Forest
headquarters, 802 North Main Street, Fort Bragg.
-
The
subcommittee charged with developing criteria for timber harvesting in
Camp 3 and Brandon Gulch will meet on Monday, June 23 starting at 9:00
a.m. at Jackson Forest headquarters, 802 North Main Street, Fort Bragg.
-
The next
meeting of the full advisory committee will be Friday and Saturday, July
11 and 12, 2008 in Fort Bragg. The location and agenda are yet to be
announced.
Recreation Subcommittee Meeting
Peter
Braudrick, formerly of State Parks, and Vince Taylor have been
charged with organizing a recreation
subcommittee of the Jackson Advisory Group. The intent
is to reach out to the public and involve those interested as part of the
subcommittee. This recreation group can
have a very big influence on the extent to which recreation is made a
priority within Jackson Forest -- if there is substantial public
involvement.
Jackson Forest is
potentially an incredible recreation
paradise -- 50,000 acres of public redwood forest
land, adjacent to many local neighborhoods.
Until now, there has been
little energy or resources put into recreation
within the forest. This is going to change.
The new management plan mandates more attention to
recreation, including formation of a users group, and the Jackson Advisory
Group takes seriously its charge to expand recreation opportunities.
The meeting will be from 10 to
12 on Saturday, June 28 at the Jackson Forest headquarters at 802 North
Main Street, Fort Bragg. This will be an introductory meeting of all
existing and potential recreation users and groups, to provide a chance to
express desires and concerns and to identify people who might want to be
ongoing members of the subcommittee on recreation.
Late
Seral Development Subcommittee
The Late
Seral Development subcommittee of the JAG will hold its second meeting
this coming Monday, June 23, 2008, starting at 9:00 a.m. at the Jackson
Forest Headquarters, 802 N. Main Street, Fort Bragg.
"Late
Seral" is the technical term for "Old Growth characteristics." There is
only scattered stands of old growth remaining in Jackson Forest, but there
are several thousand acres that haven't been reentered since the initial
logging about 100 years ago. These unentered stands have a good start
towards returning to old growth stands (needing only a few hundred more
years!).
Two of the
best of the oldest unentered stands are in Brandon Gulch and Camp 3. Both
of had timber harvest plans proposed in 1999. These were delayed by legal
actions, finally let out to contract in 2003, and then were halted by
further legal actions until now. The state, the contract holders, and the
Campaign recently agreed to terms under which these logging plans could go
forward. A key element of the agreement is that the purpose of any tree
cutting in these areas will be to accelerate the development of old-growth
characteristics, both in the trees and in the flora and fauna.
The Late
Seral Subcommittee of the JAG will develop the criteria to be used to
decide what trees to cut (and how many) in Brandon Gulch and Camp 3. The
subcommittee has held one
meeting previously. The meeting scheduled for next Monday will examine
GIS (computer-based Geographic Information System)
information on the two sites, have forest staff
run computer simulations of stand growth projection under
alternative harvesting prescriptions,
and finalize approaches to
making prescriptions on the two sites.
This will
be a relatively technical meeting, but those with concerns about
protecting recreation and other human values at these sites should come
and be heard.
Jackson Advisory Group
Meeting June 13-14
June 3, 2008. The
Jackson Forest Advisory Group (JAG) will hold its second meeting on
Friday and Saturday June 13 and 14, in Fort Bragg at the Town Hall,
starting at 9:00 a.m. both days. The public is welcome to all meetings
and field trips.
Location, times and agenda
The meeting will be
facilitated by Lisa Beutler, Center for Collaborative Policy, UC Davis.
The JAG will first
discuss how best to organize itself and operate effectively within the
legal requirements of the Bagley-Keene open meeting act.
There will then be
reports by and discussion of the progress made by three subgroups set up
at the first meeting: 1) Forest Structure, 2) Science, Demonstration,
and Outreach, and 3) Forest Management.
The next item will be a
report by the subcommittee on Late Seral Stage Development [old-growth
development] for Brandon Gulch and Camp 3 THPs: what has been achieved,
input from JAG, next steps. This key subcommittee will recommend on how
timber harvesting in these THPs can enhance progression toward old-growth
conditions. It will also make recommendations on how to preserve and
enhance the recreation and public values in these areas. (Draft
Minutes of June 3, 2008 subcommittee meeting).
The advisory group will
begin work on development of a work plan, as required by its
charter.
A field trip has been
scheduled for Saturday afternoon for those wishing to participate. Its
primary purpose is to provide an opportunity for those JAG members who
haven't seen Brandon Gulch and Camp 3 to see those areas before having to
make decisions on prescriptions, and for Late Seral Forest Development
Subcommittee members, if they wish, to see adjacent older stands to
evaluate potential criteria for monitoring.
See the
Agenda for details.
First Advisory Group Meeting
Subcommittee formed for Brandon Gulch and Camp 3 Timber
Plans
May 13, 2008. The Jackson Forest Advisory Group (JAG) held its first
meetings on May 9 and 10, 2008. For the most part, the meeting consisted
of reviews of forest history, of the legalities of being a public body
(the Bagley-Keene open meeting act applies), and of the new management
plan.
Meeting Minutes
Noteworthy was the first public information about plans for the two timber
contracts that were the focus of the lawsuits of the Campaign from 2000
forward. These two plans, one in
Brandon Gulch and the other in Camp 3, cover almost 1000 acres of
forest that has not been entered since the initial logging in the early
1900s. Such unentered old second growth stands are rare in Jackson Forest,
and these particular stands are in the heart of the major recreation area
of Jackson Forest. These stands are highly valuable for habitat,
recreation, and human enjoyment.
As the plans are still under negotiation among the Campaign to Restore
Jackson State Redwood Forest, Cal Fire, and the contract holders, not all
details were released, but the broad outlines were given.
Both plans will be designed to accelerate "late seral conditions" (the
technical term for the forest conditions found in old growth stands). Camp
3 will have an experimental design and have baseline measurements of
biological and timber inventories. Brandon Gulch will demonstrate late
seral development, but will not have an experimental design.
A key question is, "What will be done in the name of old growth
development?" In order to assure that the best scientific information is
consulted and that the public interest is fully represented, a
subcommittee of the JAG was established to make recommendations to the
Director of Cal Fire on the specifics of marking trees for cutting. All of
its meetings will be open to the public, and it will interact with the
full advisory group as it develops its recommendations. Recreation values
will be explicitly considered by the subcommittee.
At the JAG meeting on May 10, four members volunteered to serve on the
subcommittee:
John Helms, chair -- forest ecosystem
dynamics, silviculture
Brad Valentine -- wildlife and
fisheries in the context of forestry
Linwood Gill -- practical
silviculture, sustainable forest management
Dan Porter -- redwood ecology and
botany, late successional redwood structures
Assisting them as consultants will be:
Kevin O'Hara - UC Berkeley -- late successional silvicultural
prescriptions, redwood ecosystem literature
Greg Giusti - UC Berkeley, Mendocino County Extension Agent -- forest
management, vertebrate pest management, wetlands, watersheds, fisheries,
redwood landowner practices survey
The subcommittee will also be able to draw upon other colleagues and
experts.
The subcommittee and the consultants together will bring to bear a broad
range of knowledge and concerns.
The subcommittee will
operate in open meetings, allowing the public to fully express its
concerns, and the full JAG will review its operations. This seems likely
to ensure, as much as is possible, that the operations in these two very
special areas of Jackson Forest will be done with full sensitivity to
their inherent values and to the interests of the public.
Cal Fire
Announces Plans for Resuming Timber Harvesting in Jackson Forest
April 29, 2008. In
a letter to newly appointed Jackson Advisory Group members, Cal
Fire Director Ruben Grijalva outlined the department's plans for resuming
timber operations in Jackson State Forest under the management plan
approved earlier this year. Logging has been halted by
court order since 2001.
The first
timber harvest plan (THP) to be submitted will be for Northfork Spur and
will have an "Option (a)" document attached. Director Grijalva explained,
"This is a document we are required to prepare under the Forest Practice
Rules to demonstrate how management of JDSF [Jackson Demonstration State
Forest] will achieve 'maximum sustained production of high quality timber
products.' ... [A] typically lengthy review of the Option (a) is
conducted, resulting in a slow review process for the THP."
It is
unlikely that Northfork Spur will get into operation in 2008. It should be
noted, also, that the Option (a) requirements are very loose and don't
really require "maximum timber production". Rather, the central
requirement is that the level of logging be sustainable.
Northfork
Spur is an area of old second growth redwoods, unentered since the
original logging about 100 years ago. This stand has potential high values
for restoration, habitat, and recreation. Director Grijalva recognizes its
importance, "This harvesting plan is in an area identified as "sensitive"
according to the Management Plan and other public comment. As such, we
will bring the Northfork Spur THP forward for JAG review and comment. If I
determine that changes to the Northfork Spur THP are necessary, based on
the JAG's recommendations, CAL FIRE will file an amendment to the THP."
Review by
the JAG, with ample opportunity for public input, is one of the benefits
to the public built into the new management plan. It will be important for
members of the public to express their views on Northfork Spur.
Cal Fire
plans to submit a second THP for approval this year, 14 Gulch, without JAG
review. Director Grijalva explains, "While this THP also is in an area
designated as sensitive in the Management Plan, CAL FIRE will not be
bringing this THP to the Advisory Group for review. The Management Plan
permits THPs in sensitive areas to skip Advisory Group review if necessary
to allow resumption of the Forest's harvesting program in the 2008
operating season. I have determined that this faster track approach for
the 14 Gulch THP is necessary to ensure that it can be operated on in this
year's operating season.
Although
lack of JAG review is a loss to the public, it needs to be viewed in
perspective. This is the only THP that is likely to go without JAG
review during the three year initial period. It will still be subject to
the strict initial-period harvest restrictions, which prevent clearcuts or
mini-clearcuts ("group selection"), limit the volume removed to 30% of the
stand outside of stream zones, and require that the average size of trees
be maintained.
On the plus
side, Cal Fire needs to demonstrate to the timber community that the
compromises embedded in the new management plan will not continue to
prevent timber harvesting, and Cal Fire needs the revenue from the 14
Gulch timber sale to finance staffing and operations of Jackson Forest.
Overall, the decision to go forward with 14 Gulch without JAG review seems
understandable and reasonable.
Jackson Advisory Group Appointed
First Meeting May 9, 2008
Cal Fire Director and Chair of the Board of Forestry To
Attend
Sacramento, April 2, 2008. The Board of Forestry confirmed
all 13 members of the Jackson Advisory Group recommended by Cal Fire
Director Ruben Grijalva.
The initial meeting of
the Advisory Group will be in Fort Bragg on May 9 and 10, 2008. Signaling
the importance of and support for the advisory process, Ruben Grijalva,
Director of Cal Fire, and Stan Dixon, Chair of the Board of Forestry will
open the meeting on May 9. A full day of presentations on Jackson Forest,
the new management plan, and advisory group duties and process are
planned. Agenda.
The May 9 meeting is a
great chance for anyone interested in the future of Jackson Forest to
understand the present situation and the opportunities for public
involvement.
Meetings
are open to the public and participation in the planning process is
welcomed and encouraged. The advisory group will
play a key role in defining the future of Jackson Forest. It has up to
three years to consider how best to manage the forest in the public
interest and to recommend changes to the management plan to the Director
of Cal Fire and the Board of Forestry.
This is the public's
chance to influence the direction of the forest. Don't miss it.
Jackson Advisory Group (JAG) charter,
members, and agenda.
Cal Fire
Announces Plans for Resuming Timber Harvesting in Jackson Forest
April 29, 2008. In
a letter to newly appointed Jackson Advisory Group members, Cal
Fire Director Ruben Grijalva outlined the department's plans for resuming
timber operations in Jackson State Forest under the management plan
approved earlier this year. Logging has been halted by
court order since 2001.
The first
timber harvest plan (THP) to be submitted will be for Northfork Spur and
will have an "Option (a)" document attached. Director Grijalva explained,
"This is a document we are required to prepare under the Forest Practice
Rules to demonstrate how management of JDSF [Jackson Demonstration State
Forest] will achieve 'maximum sustained production of high quality timber
products.' ... [A] typically lengthy review of the Option (a) is
conducted, resulting in a slow review process for the THP."
It is
unlikely that Northfork Spur will get into operation in 2008. It should be
noted, also, that the Option (a) requirements are very loose and don't
really require "maximum timber production". Rather, the central
requirement is that the level of logging be sustainable.
Northfork
Spur is an area of old second growth redwoods, unentered since the
original logging about 100 years ago. This stand has potential high values
for restoration, habitat, and recreation. Director Grijalva recognizes its
importance, "This harvesting plan is in an area identified as "sensitive"
according to the Management Plan and other public comment. As such, we
will bring the Northfork Spur THP forward for JAG review and comment. If I
determine that changes to the Northfork Spur THP are necessary, based on
the JAG's recommendations, CAL FIRE will file an amendment to the THP."
Review by
the JAG, with ample opportunity for public input, is one of the benefits
to the public built into the new management plan. It will be important for
members of the public to express their views on Northfork Spur.
Cal Fire
plans to submit a second THP for approval this year, 14 Gulch, without JAG
review. Director Grijalva explains, "While this THP also is in an area
designated as sensitive in the Management Plan, CAL FIRE will not be
bringing this THP to the Advisory Group for review. The Management Plan
permits THPs in sensitive areas to skip Advisory Group review if necessary
to allow resumption of the Forest's harvesting program in the 2008
operating season. I have determined that this faster track approach for
the 14 Gulch THP is necessary to ensure that it can be operated on in this
year's operating season.
Although
lack of JAG review is a loss to the public, it needs to be viewed in
perspective. This is the only THP that is likely to go without JAG
review during the three year initial period. It will still be subject to
the strict initial-period harvest restrictions, which prevent clearcuts or
mini-clearcuts ("group selection"), limit the volume removed to 30% of the
stand outside of stream zones, and require that the average size of trees
be maintained.
On the plus
side, Cal Fire needs to demonstrate to the timber community that the
compromises embedded in the new management plan will not continue to
prevent timber harvesting, and Cal Fire needs the revenue from the 14
Gulch timber sale to finance staffing and operations of Jackson Forest.
Overall, the decision to go forward with 14 Gulch without JAG review seems
understandable and reasonable.
It's
Time To Celebrate!
Saturday, April 19, 2008 -- Jackson
Forest Celebration Day!
After eight years of struggle,
the state has agreed to stop logging our public forest
just for profit. The primary management objectives now will be research,
restoration, ecological and watershed health. Recreation will assume new
importance. Timber harvesting will fund management of the public forest,
not programs that benefit the private timber industry.
It's time to
celebrate!
The upcoming celebration,
sponsored by the Campaign to Restore Jackson State Redwood Forest, will
begin in the morning with family oriented recreation activities in
Jackson Forest. It will continue in the evening
with entertainment, dancing, and salutes to those that worked to reform
forest management.
Plan to come and join your friends and
forest supporters - Saturday, April 19.
Full
details
Jackson
Advisory Group Charter Approved
Nominations solicited
Sacramento, January 9, 2008. The Board
of Forestry approved a
charter
for a new Jackson Advisory Group. The charter provides the advisory
group with broad authority and support to develop a long-term landscape
plan and associated timber harvesting, forest and stream restoration, and
recreation activities.
The California Department of Forestry
released a
request to the public to submit nominations for the Advisory Group.
The deadline for submitting a letter request and resume is February 8,
2008. The Director of CDF will select the members and present them to the
Board of Forestry for confirmation.
The advisory group will have up to 14
members. It's membership will be a mix of people with science skills,
timber management knowledge and interests, conservation and environmental
concerns, and recreation knowledge. It will have a preponderance of
people from the local Mendocino area. All members will represent the
public interest, regardless of their affiliations.
The advisory group will
work with the public and Jackson staff to develop a consensus on a
long-term landscape and plan and operations in support of the plan.
By the end of a 3-year Interim Period,
the advisory group will recommend changes to the new management plan to
reflect the group's vision for the future of the forest.
Establishment of the advisory group was
one of the key recommendations of the
Mendocino Working
Group.
New Management Plan
Sacramento, January 9, 2008. In an
action that culminated 8 years of controversy and litigation, the Board
of Forestry voted 8 in favor and 1 abstention to approve a new
management plan for Jackson Forest that is a milestone in moving
Jackson State Forest towards management in the broad public interest.
At the meeting, the Board accepted
several amendments that brought the management plan into full conformance
with the consensus plan for the forest developed by the
Mendocino Working
Group,
The Board agreed to limit timber
harvesting during a 3-year interim period to that needed to fund the
operations of Jackson Forest, and not to generate surpluses. It also
agreed to give a newly-formed Jackson Advisory Group the authority to
review essentially all timber harvest plans during the interim period.
These were the final keys to getting the agreement of the Campaign to
Restore Jackson State Forest to support the new management plan.
At the same meeting, the Board also
approved the supporting
Environmental Impact Report for the management plan. The vote was 8
in favor, 1 opposed. This EIR had been in process since July 2003, when
the previous EIR was declared invalid by the courts.
Attention will now turn to the next
phase of reforming the management of Jackson Forest. During this phase,
which will last up to three years,
the new Jackson Advisory Group will work with the public and Jackson
staff to develop a consensus long-term landscape plan for the forest.
With the approval of the Management
Plan, logging can now resume in Jackson Forest, but under restrictions
designed to limit the amount, kinds, and location of logging to ensure
that the logging does not preclude future planning options during the
initial planning period.
Board of Forestry Supports
Management Reform
Sacramento, October 10, 2007. By
six to two, with one abstention, the Board of Forestry
voted to support in principle a new “Alternative G”
for Jackson State Forest. The alternative includes
major reforms proposed by the Campaign to Restore Jackson State Redwood
Forest, the Sierra Club, and the Mendocino Working
Group. It also includes safeguards against unjustified clearcutting.
No longer will timber production be the
primary purpose for our publicly owned 50,000-acre redwood forest, as it
has been ever since the state began managing the forest in the 1950’s. In
the future, the forest will be managed for research, habitat,
restoration, and recreation. Timber production will take place to provide
the funds necessary to operate Jackson and, possibly,
other state forests, but where and how it will occur will be
decided in the context of the higher public values of the forest.
Very importantly, the Board of Forestry
agreed to the establishment of an outside advisory committee. This
committee is a key element in the consensus plan for Jackson Forest
developed by the Mendocino working group. It will review harvest plans
during a three-year interim period of restricted harvesting, and it will
work with the forest managers during this interim period to develop a
long-term landscape plan and a revised management plan.
Still
remaining before operations in the forest can resume is formal approval
of the Environmental Impact Report (EIR) and Management Plan for Jackson
Forest. The date for this continues to slip. As of early December, 2007,
the Board is scheduled to consider these documents at its meeting on
January 9, 2008.
Public Tells Board of
Forestry "No" on Clearcuts
July 16, 2007. The public comment
period for the new management alternative for Jackson State Forest ended
today. Supporters of the Campaign to Restore Jackson State Forest sent in
over 1200 letters and those of the Sierra Club over 700.
The major message of the letters was
support for the new alternative, but only if clearcutting variations are
kept to the minimum amount that can be justified for needed scientific
research. The expectation is that this restriction will prevent the
widespread clearcutting proposed in the management plan.
The Board of Forestry will consider the
comments and, hopefully, revise the proposed alternative during the
coming months. The revised alternative will come before the Board for
approval in the Fall.
If the alternative approved by the
Board fails to protect adequately the public resources in Jackson State
Forest, the Campaign will have a period of time to file suit to challenge
the environmental documents. Past legal challenges by the Campaign have
kept logging halted since 2001.
Mendocino Supervisors Support Mendocino Working
Group
June 26, 2007. The Mendocino County
Supervisors voted unanimously to write a letter of support for
Alternative G with the
changes recommended by
the Mendocino Working Group.
The unanimous support for the
far-reaching reforms embodied in Alternative G is a monumental event. In
the past, concerns about timber production to support the timber industry
have split the Supervisors.
The Supervisors support for the changes
recommended by the Working Group, which will further strengthen
environmental protections, will be important in gaining acceptance for
them in Sacramento.
New Management Alternative
for Jackson Forest Released
-Public Comments Needed-
June, 2007. The Board of Forestry has
released a new environmental-plan alternative for Jackson State Forest.
The new
"Alternative G" contains many positive steps toward managing Jackson
Forest for the broad public interest, but it is fatally deficient in one
important respect -- it would allow clearcut variations on thousands of
acres without research or forest health justification.
Vince Taylor,
Executive Director explained to the Board of Forestry the reasons for
tying any clearcutting directly to justified research and forest health
(see his remarks to the Board in the adjacent
column).
The
public submitted over 2000 comments on the revised environmental plan
during the comment period, which ended July 16, 2007.
Official
Supplemental EIR release documents.
Mendocino Group Urges Minimum Clearcuts
June 20, 2007. In
a letter
released today, a group of Mendocino timber-industry leaders and
environmentalists today urged the Board of Forestry to strictly limit
clearcutting and its variations in Jackson Forest.
The
Mendocino County Working Group
consists of four senior people from the timber industry, one from the
Sierra Club, and one from the Campaign to Restore Jackson State Redwood
Forest.
The group was
commenting on a new proposal for managing Jackson State Forest,
Alternative G, recently released for public comment by the California
Board of Forestry.
The group recognized
that some research projects might require clearcutting, but said that
such projects should be of the minimum size required for scientific
validity." With respect to doing clearcutting now to provide for
possible, unspecified future research, the group recommended a prior
planning process, involvement of an independent advisory committee, and
that such projects "should be the minimum that reasonably can be
justified for future research projects that can't presently be
anticipated."
Commenting on the
letter, Vince Taylor, Executive Director of the Campaign to Restore
Jackson State Forest and a member of the working group, said, "Our group
has said all along that clearcutting and its variations should be
minimized and tied to specific research projects. The proposed plan for
Jackson Forest proposed thousands of acres per decade of clearcut
variations with no explicit research justification. Our group, which
includes four senior people from the county timber industry, has
emphasized that this is not an acceptable way to operate in a publicly
owned redwood forest."
In
the letter, the
group also made recommendations about the formation and authority of a
local advisory group for Jackson Forest, preserving old growth, and
requiring independent review of proposed timber harvests in areas with
high habitat and recreation potential.
The present letter
follows an
earlier
report and letter.
Mendocino Working Group Issues Report
Proposes Plan for Resuming Operation of Jackson
Forest in 2007
Mendocino County, November 30, 2006. A
consensus proposal for getting Jackson State Forest back into operation
was released by a Mendocino County working group. The group consists of
four senior people from the timber industry, one from the Sierra Club,
and one from the Campaign to Restore Jackson State Redwood Forest.
The
working group had the encouragement of the California Department of
Forestry and the Board of Forestry, both of which have been grappling
with how to satisfy court-ordered revisions to Jackson environmental
documents, public demands for Jackson management reform, and pressure
from the timber industry to resume logging. These conflicting forces
created a stalemate that has halted all logging for five years.
The
report presents a set of management principles for the forest and
recommends a two-phase process for returning the forest to operation in
2007.
Key
management recommendations are: 1) develop a landscape plan that
recognizes the unique positive regional status of the wildlife and
riparian habitats in Jackson Forest and employs old-growth and mature
second growth stands to create habitat for wildlife and opportunities for
human enjoyment; 2) make true research and demonstration the driving
force behind all timber operations;3) all timber operations should
maintain or enhance forest health; 4) all harvests other than
minimum-sized research projects should use selection methods (no
clearcuts).
The group
also proposes a two-phase approach to returning the forest to operation.
During
Phase 1, timber harvesting is to be limited to that needed to finance
1) development of a landscape plan and long-term management plan,
including expanding forest staff and making timber, wildlife, and
botanical inventories, and 2) routine forest operations, research and
planning for road rehabilitation. The two timber plans enjoined by court
order will not be harvested, if at all, only in Phase 2.
During
Phase 1, every effort is to be made to avoid harvesting in areas of
mature, undisturbed second growth and areas adjacent to state parks. All
harvesting will be single-tree selection, with less than 30% of the trees
removed and with no decrease in the average size of trees in the stand.
The expectation is that some initial harvests will occur in 2007.
During
Phase I, a Phase II management plan will be developed by the California
Department of Forestry with interaction and review by a new Jackson
Forest Advisory Committee. The management plan will incorporate the
principles developed by the working group and balance research, wildlife,
recreation, and timber concerns. The working group proposes that the
Phase II management plan should be operational within 3 years.
The
Advisory Committee will be appointed by and report to the Board of
Forestry. Members would represent the public interest and be drawn from a
broad spectrum of backgrounds and resource expertise with an emphasis on
appointments of local representatives.
The
significance of the working group's report is encapsulated in the closing
lines of its cover letter to the Board of Forestry:
"This
group realizes it has no authority to develop a management plan for JDSF
and the Board has no mandate to follow the template provided. Logic
however would suggest when a group as diverse as ours can come to
consensus on this topic, it deserves some serious consideration."
Working Group Report
Board of Forestry Meets in
Fort Bragg - Release of Supplemental EIR
Solicits Public Comment on New Management Alternative
Mendocino County, May 25, 2007. The
Board of Forestry will meet in Fort Bragg, CA, to focus attention on the
release of a new environmental-plan alternative for Jackson State Forest.
The meeting will be on Thursday, June 7, 2007, at the Fort Bragg Town
Hall, Main Street, beginning at 8:00 a.m. (See
Meeting Agenda.)
The Board will accept
public comments on the new alternative at the Fort Bragg meeting. The
public will also be able to submit written comments during a 45-day
period following official release of the alternative on June 1, 2007.
Official
Supplemental EIR release documents.
The new alternative is
being released as a supplement to a Draft Environmental Impact Report
released by the Board of Forestry in December 2005 but never approved by
the Board.
Jackson Forest Draft EIR Strongly Criticized
Expert Comments Detail Deficiencies
Public Comments Top
6000
Sacramento, March 1, 2006. The public comment period on the long delayed
revised Environmental Impact Report (EIR) for Jackson State Forest ended
on March 1, 2006
The EIR was subject to voluminous comment from experts coordinated by the Campaign to Restore
Jackson State Forests, the Sierra Club and other environmental groups.
State agencies also submitted comments. The comments document the numerous failures
of the EIR to adequately describe and compare the environmental impacts
of the proposed state logging plan and alternatives.
In his comment, Vince Taylor' showed conclusively that the inventory
estimates used in the management plan and EIR are
so greatly in error that the
management plan and environmental report are invalid.
Summary article.
Taylor comment.
Five influential
members of the state senate wrote to urge the Board of Forestry to reject
the proposed management plan with its large-scale clearcutting.
Letter.
Emails supporting management
reform of Jackson State Forest
topped 6,000. The public strongly expressed its desire to see Jackson
Forest managed for ecological, recreational, and research values, not
simply for timber production.
The outreach effort to
obtain broad public comment was a joint effort of the Campaign to Restore
Jackson State Forest, California Defenders of Wildlife, the Sierra Club,
and Forests Forever, and numerous other smaller groups and individuals.
The next step will be
for the staff of the Board of Forestry to review and respond to all of
the comments received. It may revise the document in light of the
comments. This will likely take at least several months, given the large
volume of detailed comments sent in by public experts and government
agencies. The Board will then consider which of the alternatives in the
plan to adopt.
If and when the
environmental report is approved by the Board of Forestry, the Campaign
will consider whether the legal deficiencies warrant filing a lawsuit.
Mendocino County Supports Progressive
Management Plan
Ukiah,
February 7, 2006. The Mendocino County Board of Supervisors, for the
first time ever, opposed a plan of the state for Jackson State Redwood
Forest. The Fort Bragg City Council followed suit a week later.
The two
most important elected bodies in Mendocino County refused to support the
state's proposed plan, which includes massive clearcutting, herbicide
use, cutting of old growth trees, and neglect of recreation. Instead the
supervisors voted 3 to 2 and the Fort Bragg City Council unanimously to
support an alternative plan, originally proposed by a diverse citizens
advisory committee in 1998.
Supervisors resolution.
The plan
supported by the these bodies, Alternative D in the Draft Environmental
Impact Report for Jackson Forest, would ban clearcutting, place a
moratorium on herbicide use, ban all cutting of old growth, expand salmon
stream protection, and increase recreation opportunities.
Although
Alternative D does not mandate the emphasis on restoration and habitat in
Alternative E, the Campaign's preferred alternative, the frozen positions
of the last ten years have finally broken loose.
Now that
the ice has broken, there are opportunities for influencing how it will
come together again. Real progress now seems possible.
For more details of the supervisors meeting, see
Member Update.
Newspaper account.
No Logging in 2005
Sacramento, September 26, 2005. All logging in Jackson State
Forest remains halted due to the invalidation of the forest's
Environmental Impact Report (EIR) in July, 2003, and a negotiated
settlement reached between the Campaign and the state in July 2004.
No logging in Jackson
Forest can occur until 2006, because a revised EIR cannot possibly be
approved prior to the end of the 2005 logging season.
Ironically, in summer
2004, the California Department of Forestry (CDF) strenuously
opposed then-pending legislation (SB 1648), arguing that its passage
would delay the resumption of logging in Jackson State Forest. The
legislation passed the legislature but was vetoed on the recommendation
of CDF.
Governor Ignores Public, Vetoes State
Forest Reform Bill
Sacramento, September 16, 2004. Despite receiving over 3,000 letters
urging him to sign Senator Chesbro's state forest reform bill, SB 1648, Governor Schwarzenegger vetoed
it.
The governor apparently
sided with his department of forestry, which opposed the bill, and
ignored the combined weight of the legislature, the environmental
community and the public.
Vince Taylor, Campaign
director, released a statement in response to the veto. He said, in part,
"Governor Schwarzenegger's veto of SB 1648 is a slap in the face of the
public. He vetoed the bill despite its merits and the outpouring of
over 3,000 letters asking his signature.
"This is a sad day for
the forest, the people of California, and the Mendocino community. SB
1648 would have made the state pay attention to the multiple values of
the forest, given the public a say in its management, guaranteed that the
forest would get back into operation next year, and ended a controversy
that has pitted neighbor against neighbor.
"It is ironic that
Schwarzenegger took CDF's advice when it is CDF's mismanagement of
Jackson Forest that has angered the public, turned the forest into a
major source of public controversy, caused the courts to shut down its
operations for four years, and necessitated SB 1648."
Taylor also made clear
the intent of the Campaign to continue to oppose the state: "Until and
unless the state recognizes the legitimate rights of the public to
influence management of its redwood forest, the public will use every
legal tool at its disposal to ensure that its rights are not trampled by
an unresponsive state government."
Campaign
Prepared Statement on the Veto of SB 1648.
Veto Message
Record of CDF's
Attempts To Ignore and Evade the Law
September 16, 2004. As
the governor was vetoing SB 1648 at the urging of the California
Department of Forestry, the Campaign was completing its documentation of
the department's dismal record of efforts to ignore and evade the law.
For the Record:
CDF's Attempts to Ignore and Evade Its Legal Responsibilities in the
Management of Jackson State Forest reviews the legal actions and
CDF's responses in five related legal cases/actions since the Campaign
filed its first suit against CDF in 2000. In every one of these, the
courts decided strongly in favor of the citizens and law and against CDF,
or the actions were withdrawn as part of a settlement incorporating the
initial demands of the citizens.
For the Record
provides excerpts from Campaign press releases and court decisions
related to the legal cases and actions. Taken as a whole, these
compelling document CDF's sorry record of ignoring its responsibilities
to the law and the public.
Text of For
the Record.
Appeal Court Affirms Award of
Legal Fees to Campaign
State pays over $300,000 for citizen legal costs
San Francisco, September 4, 2004. The
California First District Court of Appeals affirmed the award of legal
fees to the Campaign to Restore Jackson State Redwood Forest for a suit
brought against the California Department of Forestry in June 2000.
As a result of losing the appeal, CDF will owe the Campaign about
$119,000 including $15,000 in interest. This latest fee award is in
addition to the $201,000 that the state has already paid for costs
related to the Campaign's later challenge to the environmental document
for Jackson Forest.
The Appeals Court
rejected every contention made by CDF in its appeal, often quite
pointedly, and it strongly affirmed the public benefits of the Campaign's
legal actions.
Vince Taylor, Ph.D., Executive Director of the Campaign, commented, "This
latest court decision adds to the extensive documentation of the
malfeasance of CDF and its efforts to evade the law in managing Jackson
State Forest. It strongly affirms the need for the management reforms
contained in SB 1648, Senator Chesbro's state forest reform bill."
Press Release
Additional payments by CDF are still pending for other
Campaign legal actions.
Altogether, the state's
payments related to its unsuccessful defense of its management of Jackson
State Forest may eventually total around $350,000.
Jackson Forest Bill Passes Legislature
August 27, 2004, Sacramento. The bill
reforming management of state forests, SB 1648, today passed the
Assembly. It had previously passed the Senate. It now goes to the
Governor for his signature.
The bill is supported
by a broad coalition of environmental groups and members of the public.
Within Mendocino County, where Jackson State Forest is located, the bill
steadily accumulated more support as it moved through the legislature.
The
final version of
the bill made significant concessions to the Mendocino County timber
interests in order to gain their support. It now ensures that limited timber
harvesting will resume, under stringent restrictions, in 2005. The
concessions have brought tacit support for the bill from the county's
largest timber company and largest mill.
State timber
associations and the California Department of Forestry, which have
profited from the industrial logging of Jackson Forest, remain opposed to
the reform legislation.
Will the governor
respond to the overwhelming public sentiment in support of reform or the
narrow bureaucratic and industry desire to continue the flow of profits
from Jackson Forest?
State Settles Campaign
Logging Appeal
Agrees to Halt All Logging Until New EIR and Management
Plan Approved
July 6, 2004, San Francisco. The
state agreed to refrain from all logging and road preparation for logging
in Jackson State Forest until a new management plan and EIR are approved
for the forest. The settlement grew out of an appeal
by the Campaign of the refusal of the Superior Court of Mendocino County
to enjoin logging under previous management plans in its judgment (filed
September 23, 2003) that invalidated the EIR for Jackson State Forest.
Settlement
State Pays
$200,000 for Jackson Forest Lawsuit Costs
May 27, 2004. The California
Department of Forestry (CDF) today delivered a check for $203,971 to Paul
Carroll, lawyer for the Campaign to Restore Jackson State Redwood Forest.
The payment was for attorney fees and costs of the suit brought in 2003
challenging the legal adequacy of the environmental impact report (EIR)
for a new management plan for Jackson Demonstration State Forest (JDSF).
In the suit brought by the Campaign and Forests Forever Foundation, the
court ruled that CDF had failed on a number of substantive and procedural
grounds to meet the requirements of the California Environmental Quality
Act (CEQA) and halted logging in California's largest state forest.
In his decision of July 30, 2003, Judge Richard Henderson of the
Mendocino Superior Court placed the blame for the halt in logging
squarely upon CDF, "[T]he failure of CDF to prepare an EIR that complies
with the minimal statutory standards leaves me with no alternative but to
direct CDF and the Board [of Forestry] to rescind the approval of the EIR
... CDF and the Board should have scrupulously followed the procedures
adopted-by the legislature to minimize the risk of an inevitable court
challenge and the potential economic hardship on the management of the
JDSF and on the local timber industry. Instead, CDF virtually ignored the
relatively clear guidelines and conducted a deficient environmental
review that will inevitably further delay logging activities in the
Jackson Demonstration State Forest."
In his ruling, Judge Henderson justified the "substantial" award for a
"fairly brief period of litigation." He said, "… the underlying issues
involve the management of a significant resource within Mendocino County
and have generated significant public debate… CDF and the Board of
Forestry chose to ignore that information [provided by the Campaign
during the administrative hearings], leaving petitioners with no
alternative but to file this action to protect legitimate public
concerns. The court has carefully considered the objections of
respondents to this motion but finds those objections to be ironic at
best."
The Campaign also prevailed against CDF in an earlier suit challenging
the legality of operating in Jackson Forest under a management plan last
updated in 2003. In this case, Judge Henderson awarded the Campaign
attorney fees of $102,000. CDF appealed this award, and the case in now
before the California Court of Appeal. If the court upholds the award,
CDF will pay the award plus ten percent annual interest from the time of
its award.
Press Release
Judge Henderson Disposition of the Motion for Attorney Fees
Senate Approves Jackson
Forest Reform Legislation
May 25,
2004, Sacramento. The Senate
today passed Senator Wesley Chesbro's bill to reform
management of Jackson State Forest and other state forests. The vote was
23 to 13 in favor.
Chesbro's
bill, SB 1648, will eliminate the present mandate for maximum timber
production, and replace it with multiple values of conservation,
restoration, education, recreation, and forest management demonstration
and research.
The bill is now moves to the Assembly.
Vince
Taylor, spokesperson for the Jackson Forest Action Coalition, said, "We
are encouraged by the progress of the bill to reform management of
Jackson State Forest. In the Senate, the bill was
amended to protect all
old growth. Provision was also made for immediate resumption of timber
harvesting under supervision of a broad-based advisory committee. The
revenues would be used to fund operations of the forest until a new
management plan is approved. They would also pay for preparation of the
legally required management plan and associated environmental documents.
The time and money would be available to carefully prepare a long-term
plan for the management and restoration of this great public redwood
forest."
"Logging is now prohibited by court order. Passage of the bill would
allow its near-term resumption for purposes that have broad public
benefits," Dr. Taylor added.
Located within a three-hour drive from San Francisco, the scenic
50,000-acre Jackson Demonstration State Forest (Jackson Forest) is the
only publicly-owned redwood forest of significant size between Humboldt
and San Francisco.
In 2000, a community group, frustrated by the State’s refusal to stop
large-scale industrial logging of Jackson Forest, turned to the courts.
The Campaign to Restore Jackson State Redwood Forest, filed and won
lawsuits that stopped all logging and required the State to develop a new
management plan and environmental documentation. In 2003, the court found
the new environmental documentation legally inadequate and continued the
logging halt. No logging will be able to occur before 2005.
SB 1648 Amended
Board of Forestry Initiates New Environmental
Impact Review
In early February, 2004, the Board of
Forestry initiated a new round of environmental impact review for Jackson
State Forest by publishing a
Notice of Preparation of a Draft Environmental Impact Report
(Draft EIR) on a draft management plan for Jackson State Forest.
The new EIR round is in response to the
ruling by the Mendocino Superior Court in August 2003 that a previously
prepared EIR was legally invalid and that the the accompanying management
plan for the forest was to be rescinded. All logging in the forest was
halted and is not expected to be resumed until a revised EIR is approved.
The Notice of Preparation solicited
comments from state agencies and the public on the scope of the analysis
and issues to be considered, the potential environmental impacts of the
draft Management Plan and alternatives to the draft Plan. The comment
period closed March 18, 2004.
Facilitated EIR Scoping Session
Demonstrating its desire
to "do the job right," the Board of Forestry held a special
"facilitated" EIR scoping meeting
in Fort Bragg, Mendocino County.
This small city is adjacent to Jackson Forest and houses the forest's
management headquarters. This was the first Board meeting in living
memory held in Fort Bragg.
The meeting, which was
held on March 27, featured 3 panels of speakers.
Presentations were made by five
supporters of Jackson Forest reform and restoration.
Presentations were also made by the California Department of Forestry
(CDF), a County Supervisor, the director of the Mendocino Woodlands
Outdoor Center, a country forestry advisor, and three representatives of
the timber industry.
Although as expected, many
different desires for the future were expressed, all parties agreed on
the value of conducting research in Jackson Forest.
Jackson Forest Legislation Introduced
February 20, 2004, Sacramento. Senator
Wesley Chesbro today introduced legislation on Jackson State Forest.
In introducing his
bill, SB 1648, Chesbro said, "My
goal is to end the stalemate over management and protection of Jackson
State Forest. I want to strike a balance between research
and demonstrations on improving forest management practices; the public's
desire to see this great redwood forest restored for its habitat,
watershed and recreation values; and the continuation of timber
harvesting."
Vince Taylor, Executive
Director of the Campaign, commented, "Our supporters have been working
for four years to change the mandate for Jackson Forest from industrial
logging to restoration. Senator Chesbro's bill moves strongly in this
direction, while allowing continued research and demonstration on forest
management. Under his bill, the forest would be used for legitimate
public purposes. We are hopeful that a good bill will pass the
legislature this year, but we are prepared to continue our fight in the
courts and public opinion if the legislature fails to safeguard our
public redwood forest."
Senator Chesbro's press
release.
Legislative Counsel's analysis and text
of the bill.
Forest
Supporters Rock Sacramento
Over 1000 People Send Letters
to 97 Legislators in 10 Days
January
16, 2004. A 10-day drive to Rock Sacramento with 1000 letters to
legislators met its goal, with the 1000th letter delivered just before
the midnight deadline.
The drive
was launched by the Campaign to Restore Jackson State Forest to provide
people with a chance to demonstrate to legislators how much they care
about their redwood forest.
Until
halted by grass-roots lawsuits several years ago, the state was
conducting large-scale logging operations in Jackson Forest.
The drive
aimed to convince legislators to introduce reform legislation on Jackson
State Forest in this session. Present law mandates that this 50,000-acre
redwood forest in Mendocino be managed for maximum timber production.
Supporters
of the Campaign want the forest managed for habitat, recreation,
research, and education.
The letter
drive was more dramatic than anticipated by the organizers. By the
evening of January 15, only 630 people had sent letters. The goal of 1000
letters seemed out of reach.
An e-mail
plea asking for help in spreading the word led to a remarkable outpouring
of support. In the next 24 hours over 300 new people added their letters.
It was nip and tuck right down to the wire, with the 1000th letter sent
only shortly before midnight!
Commenting
on the results, Vince Taylor, Executive Director of the Campaign, said, "
Once again, people have shown the depth of their commitment to
protecting their redwood forest. Commitment has the power to move the
world. People's deep commitment will move a reluctant legislature and
administration to preserve and restore our precious forest."
Ninety-seven legislators received over 1500 letters from their
constituents. Governor Schwarzenegger also received over 1000 letters.
Detailed results.
No
legislator has yet agreed to introduce legislation on Jackson Forest.
Campaign Appeals
Refusal of Court to Enjoin All Logging
November 12, 2003, San
Francisco. The Campaign filed an
appeal of, among other
matters, that portion of the September 23, 2003 judgment in which
the Superior Court of Mendocino County had
refused to enjoin logging in JDSF under either the 1983 Management Plan
or the 2002 Management Plan.
Negotiations between
the parties commenced soon thereafter.
Notice of
Appeal.
Campaign to
Appeal Mendocino Court's Failure to Enjoin Logging
CDF Claims Right to Log Brandon Gulch Under 1983 Management Plan
November 1, 2003. The Campaign
announced that it would appeal the failure of the Mendocino Superior
Court to enjoin all logging in Jackson State Forest.

In response to a question from the
Court of Appeals, the California Department of Forestry (CDF) told the
court on October 30 that it had the right to log in Brandon Gulch and
Camp 3 under a 1983 Management Plan.
Simultaneously, CDF refused the
Campaign's offer not to appeal if it would agree in writing not to log
the pending plans until a valid EIR was in place.
The appeal of the Campaign will contend
that the Mendocino Superior Court erred in not taking into account a
prior lawsuit settlement between the Campaign and CDF. In this
settlement, CDF agreed not log without a new management plan.
There is not now a new plan or any
legal plan.. The Superior Court directed the Board of Forestry to rescind
its previous approval of a 2002 plan.
At its October meeting, the
Board of Forestry rescinded the 2002 plan, but took no action to re-certify the 1983 Management Plan that was
superceded by the 2003 Management Plan.
Appeals Court Supports
Campaign, Extends Logging Halt,
Lectures CDF
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.
In an unusual action, the Court dispensed with lawyer’s arguments.
Instead for nearly half an hour the three judges interrogated and
lectured Charles Getz, chief counsel for the California Department of
Forestry (CDF).
The justices
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.
Dr. Vince Taylor, Campaign spokesperson, said, “Coming to the Court of
Appeals was like coming into a sane world after being in Mendocino in an
Alice-in-Wonderland world. CDF’s lawyer, Charles Getz, reinterpreted old
agreements, repudiated his clear previous statements, and invented legal
arguments out of thin air, to all of which Mendocino Judge Henderson
appeared to lend a sympathetic ear. Down was up and up was down.
“Today the Appeals Court told Mr. Getz in no uncertain terms that up was
up and down was down. It was a great relief to have sanity affirmed. The
Appeals Court clearly intends to provide the public forest the legal
protection it deserves.”
For more details see
press release.
Court Rules Environmental Report Invalid
New Management Plan Revoked and Logging Halted
July 30, 2003, Ukiah. The Mendocino Superior
Court today 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.
Judge Henderson
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.
At a minimum, the deficiencies in the
Environmental Impact Report (EIR) must be corrected, the revised EIR
submitted for public comment, the comments responded to, and the revised
Final EIR approved by the Board of Forestry (rather than by CDF as was
the EIR invalidated by the court). Henderson found very significant
deficiencies in the treatment of both the regional setting of Jackson
State and analysis of cumulative impacts. Correcting these deficiencies
will be a major task and will not quickly done.
The implications of the decision are far
broader and more profound than the requirements to correct the
deficiencies in the EIR. Judge Henderson strongly condemned CDF for its
complete disregard of "the clear legislative directives" requiring
consideration of the regional setting and cumulative impacts. He said
that CDF failed to "prepare an EIR that complies with the minimal
statutory requirements," and "CDF ignored the relatively clear guidelines
and conducted a deficient environmental review."
Dr. Vince Taylor, Executive Director of
the Campaign to Restore Jackson State Redwood Forest, said, "Taken as a
whole, Judge Henderson’s decision amounts to a strong indictment of CDF’s
disregard for the public, the environment, and the law. The state
administration and legislation cannot ignore this criticism, which comes
not from an environmental organization, but from a judge who has
demonstrated a strong concern for the well-being of the timber industry.
CDF is charged with enforcing the
environmental laws designed to protect the state’s forest resources. Its
failure to perform an even minimally adequate environmental review of its
own timber operations is scandalous. It raises fundamental questions
about CDF’s ability and desire to enforce forestry environmental laws as
well as its fitness to manage the state forests."
Judge Henderson's
decision summary should be
required reading for everyone concerned about Jackson State Forest.. He
accurately explains the controversy over Jackson State Forest, states the
obvious truth that the EIR would be subject to judicial scrutiny, and
castigates CDF for its failure in this circumstance to follow the "clear
legislative directives" for preparing an EIR. He properly blames CDF for
the losses suffered by the local timber industry and the management of
Jackson State Forest.
Press Release
Summary and Disposition of
Court Ruling
Appeals Court Keeps Stay, Allows Removal of Cut
Trees
July 17,
2003, San Francisco. Responding to a petition filed by the California
Department of Forestry (CDF) on July 14, the appeals court denied CDF's
requests to dissolve the stay and/or to expedite the scheduled August 20
hearing.
The court
granted CDF's request, which the Campaign did not oppose, to allow the
removal of logs already felled in Jackson State Forest. The trees were
cut during the week June 11-16, 2003, prior to the granting of a stay by
the Court of Appeals.. Approximately 1500 trees containing one million
board feet of timber were felled in this time, primarily in Brandon
Gulch. The court required that CDF show the Superior Court of Mendocino
County that any additional trees cut were "both (a) relatively minimal
and (b) necessary to reach already-felled timber."
Vince
Taylor, Executive Director of the Campaign, said, "Although we deplore
CDF's rush to log under an environmentally defective management plan, we
support the careful removal of the downed timber. It will eliminate a
public safety hazard and allow the re-opening of Brandon Gulch and Camp 3
for recreation, and it will help the timber companies and their
employees.
Court Order
CDF Petition
Campaign
Reply Brief
Press Release
Court of Appeals Extends Stay
July 10,
2003, San Francisco.
The state’s efforts to fund its forestry programs by industrial logging
of Jackson State Forest suffered a serious setback today. The First
District Court of Appeals extended at least until August 20 a previously
issued the stay in logging in Jackson State Forest. Further, it’s brief
but strong order suggested that it was
preparing to act in favor of a request made by the Campaign to Restore
Jackson State Redwood Forest to overturn a decision by a Mendocino
Superior Court to allow logging to begin in Jackson Forest.
The appeals court removed the case from the jurisdiction of the Mendocino
Court. It set a hearing on August 20 for the California Department of
Forestry (CDF) and involved timber companies to “to show cause before
this court … why a peremptory writ [injunction] should not issue.” It has
already reviewed briefs by all of the involved parties. The action today
suggests that CDF’s chances of prevailing are
slim.
This is a very strong order. The appeals court has removed the case from
Mendocino’s Judge Henderson and taken it into its own hands. This is a
definite sign of the court’s disagreement with Henderson’s handling of
our Preliminary Injunction request.
Press Release
(includes text of court order)
Court of Appeals Stays Logging
June 17,
2003, San Francisco. The First District Court of Appeals today 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.
Press Release
Emergency Petition
Reply to CDF Brief
Logging Starts in Jackson State
June 11, 2003, Ft. Bragg. The
California Department of Forestry announced that logging had begun
in Camp 3 and Brandon Gulch.
Campaign Executive Director, Vince Taylor,
commented, "CDF's behavior is scandalous. The judge as good as said that
he would shortly find the EIR invalid, making logging in Jackson Forest
illegal.
"Given its position as guardian of California's forests, CDF ought to take every
precaution to avoid violating the spirit of the environmental laws.
Instead, CDF is rushing to log as much timber as possible before being
enjoined by the court."
Judge Denies Preliminary Injunction, Favors EIR
Challenge
June 10,
2003. Judge Richard Henderson of the Mendocino Superior Court denied the
Campaign's request for a preliminary injunction, but he found it "very
likely" that the Campaign would win its challenge to the Jackson State
EIR.
Judge
Henderson had to stretch logic to deny the preliminary injunction.
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. As the judge found it
very likely that the approval of the new management plan
would be set aside,
granting of a preliminary injunction was the
logical decision.
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 [timber harvest plans]." On this basis he denied the injunction.
The judge went to great lengths to avoid the
obvious. The validity of the THPs is not the issue. Whether or not the
THPs are legal is irrelevant. His "very likely" decision that the EIR is
illegal will bring into force the settlement agreement that prohibits
all timber harvesting in Jackson State.
Whether logging will start before the decision on
the EIR case, to be heard July 7, is still in doubt. The logging
contracts are still not approved, and the Campaign has raised questions
about the legality of the bidding process. It has asked the agency
reviewing the contracts to answer these questions before approving the
contracts. See the next story and the press release below.
Press Release
Opening Brief for EIR
Lawsuit
Reply Brief for EIR Lawsuit
Campaign Charges Jackson State Bids Were Illegal
June 4, 2003. In a letter to the Legal Office of the Department of
General Services (DGS), the Campaign charged that the bids on the Brandon
Gulch and Camp 3 sales were below full market value and therefore illegal
under state law.
The Campaign requested the Superintendent of the Legal Office to suspend
approval of the timber contracts until the allegations were investigated.
(Update:
June 14, 2003): The Superintendent informed the Campaign that through a
bureaucratic error, our charges were never considered when reviewing the
Brandon Gulch Contract. He also said that the contract for Camp 3 had
already been approved when the Campaign's letter was received (approved
on May 28, 2003). This latter information was not provided to the
Campaign until June 14, despite a specific request to the Superintendent
for this information on June 4.
Press
Release
 |