Sierra Club and EPIC v. CDF (Salmon)

Sierra Club and EPIC v. CDF (Salmon)


EPIC contested CDF’s approval of a THP without ordering implementation of feasible alternatives and mitigation measures for old-growth species as specified by the Department of Fish and Game. The court held that CDF had imposed upon Fish and Game standards of proof (i.e. ‘beyond a reasonable doubt’) that were not authorized by law. Trial court set aside approval of the THP on grounds that cumulative impacts on watershed and wildlife were inadequately considered. Pacific Lumber planned to cut an unentered 230 acre old-growth redwood and Douglas fir grove on Salmon Creek in the Headwaters Forest, which contained marbled murrelet nesting sites.

Procedure: 1-88-462 HUM approved 9/9/88. EPIC filed Petition 9/20/88 (Humboldt Ct. #82983, Judge Ferroggiaro). TRO requested 10/24/88; TRO denied. EPIC appeals and stay issued by appellate court 10/27/88 (#A043997); Preliminary Injunction granted 12/16/88. Suit then dismissed for failure to request hearing within 90 days of filing suit; dismissal successfully appealed and case consolidated with Sierra v. Imboden (see below) on 7/12/89. Appellate court reinstated the case on 11/21/90; Trial court finally issued Writ of Mandate 12/4/91.

Status: final – THP inadequate. Appellate decision depublished by California Supreme Court.

Attorneys: Joseph Brecher (Sierra Club Legal Defense Fund), Michael Golden

EPIC Contacts: Cecelia Lanman, Charles Powell