EPIC v. CDF, et. al. (THP-003 Owl Creek Residual)

EPIC v. CDF, et. al. (THP-003 Owl Creek Residual)


EPIC challenged approval of a THP to cut 54 acres of unentered and residual old growth on the South Fork Yager Creek and adjacent to the murrelet occupied Owl Creek Grove. THP 003 was submitted to CDF on January 3, 1997 by the Pacific Lumber Company. Public comment was closed in February 1997, prior to substantial amounts of evidence being introduced to the record which ultimately affected the decision to approve the plan but which was not available for comment on by the public. There were numerous other inadequacies and inaccuracies in the plan as well. While we were unable to halt operations and the THP was subsequently logged, we believe the abuse of discretion by the agency cannot be ignored and we must continue to take this case to trial. EPIC sued the California Department of Forestry, Richard Wilson, Thomas Osipowich, Scotia Pacific Holding Company, and Pacific Lumber Company.

Procedure: THP 1-97-003 HUM was approved by CDF 12/11/97. Notice of operations was filed 12/15/97. Petition for Writ of Mandate filed 12/17/97 (Humboldt County Superior Court # CP9700874). Temporary Restraining Order filed 12/18/97; hearing 12/22/97. TRO denied 1/2/98.

Attorney: Sharon Duggan.

EPIC Contact: Cynthia Elkins.