EIR Lawsuit
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Brief History
Decision Summary
Emergency Brief
PI Reply Brief
EIR Brief

Lawsuit Challenges Jackson State EIR

November 2003.  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.
 
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.

For more details see press release.

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.

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.

Press Release
 Summary and Disposition of Court Ruling

June 17, 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.

Press Release
Emergency Petition
Reply to CDF Brief

June 11, 2003. Logging operations were started in Brandon Gulch and Camp 3.

June 10, 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 (EIR).

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

Previously Filed Lawsuits