Pacific Lumber v. United States of America (PL Takings Suit)

Pacific Lumber v. United States of America (PL Takings Suit)


On July 24, 1996 Sierra Club and EPIC asked the Court of Federal Claims for permission to intervene in a lawsuit filed in May by Pacific Lumber Company. The suit sought hundreds of millions of dollars from the federal treasury based on Pacific Lumber’s claim that enforcement of the Endangered Species Act to protect the marbled murrelet, a threatened seabird, constitutes an illegal “taking” of its property. Pacific Lumber planned to log areas that would destroy the birds’ habitat. This “Takings” suit, which we believe is logically faulty and based on erroneous assertions, was suspended as part of the tentative Headwaters agreement.

Procedure: The Pacific Lumber Company, Scotia Pacific Holding Company, and the Salmon Creek Corporation filed a Complaint for Inverse Condemnation against the United States of America 5/6/96. EPIC and Sierra Club filed motion to intervene 7/23/96.

Status: Dismissed by Pacific Lumber under Headwaters Agreement

Attorneys: Michael Sherwood, Hank Bates (Sierra Club Legal Defense Fund), Thomas Lippe, Mark Harris.

EPIC Contact: Cecelia Lanman.