EPIC v. Maxxam I

EPIC v. Maxxam I


EPIC’s first suit against the Pacific Lumber Company resulted in a court finding that the California Department of Forestry had not only ‘rubber-stamped’ certain THPs, but had intimidated the Department of Fish and Game and the Regional Water Quality Control Board staff from making any comments critical of THPs. This suit led Department of Fish and Game policy to review some old-growth plans more carefully. It also resulted in mandatory marbled murrelet surveys and development of murrelet surveying protocols. This suit involved three plans by Pacific Lumber to clear cut old-growth redwood and/or Douglas fir forests in the Little South Fork Elk River, Salmon Creek, and the Mattole River watersheds. Two of the challenged plans were located in the area of the Headwaters Forest complex.

Procedure: THP #1-87-240 HUM, 1-87-241 HUM, 1-87-230 HUM approved May/June 1987. EPIC filed Petition for Writ of Mandate 6/4/87 (Humboldt Ct. #79879, Judge Peterson). Petition granted 11/5/87.

Status: final – THPs found to be inadequate. EPIC recovered attorneys’ fees under CCP ยง1021.5.

Attorneys: R. Jay Moller, Thomas Lippe, Sharon Duggan, Thomas Petersen.

EPIC Contact: Robert Sutherland (The Man Who Walks in the Woods)