Logging Stay Extended
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Emergency Request for Logging Stay

Campaign to Restore Jackson State Redwood Forest
July 10, 2003           Press Release                     For Immediate Release

Contact: Vince Taylor, Ph.D. (707) 937-3001
Paul Carroll (legal) (650) 322-5652

Appeals Court Extends Logging Halt in Jackson State Forest

Action supports petition brought by the Campaign to Restore Jackson State Redwood Forest

July 10, 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 indicated 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 indicates that CDF’s chances of prevailing are slim.

Vince Taylor, Executive Director of the Campaign to Restore Jackson State Redwood Forest, said, "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.

"The court appears to be taking great pains to protect the public forest. The date of the appeals court hearing is two weeks after the last hearing on our EIR case in Mendocino court (August 7). Even if Judge Henderson were to decide to let logging go forward immediately after the August 7 hearing, it could not. We would have time to appeal while logging was still enjoined by the appeals court.

"The appeals court has acted unusually strongly. Why? Because our case is not about a private timber operation. It is about our public redwood forest, a special and rare forest, owned by the people of California. Today’s action indicates the court agrees that Jackson Forest deserves the highest standards of environmental protection, that CDF has failed utterly to provide even the minimum protection required by law, and that supporting the private Mendocino timber industry is not reason to ignore legally mandated environmental protection for the public forest."

Text of the Order of July 10, 2003 by the First District Court of Appeals:

RPI [Real Parties in Interest] to show cause before this court on 8-20-03 @ 9:30 a.m. why a peremptory writ should not issue. RPI's opposition shall serve as the return. The stay order issued on 6-17-03 shall remain in effect subject to further order of this court and pending determination of the petition on file herein.

The timber harvest plans (THPs) being pursued in Jackson State are named Brandon Gulch and Camp 3. Together they cover 900 acres of 100-year old undisturbed second growth in the heart of the recreation area of Jackson State. The plans would cut 35,000 trees and 20 million board feet of timber. The timber mills who have contracted for the timber are Mendocino Forest Products and Willits Redwood Company.

Appeal Brief