EPIC in Court

EPIC & Allies File Notice of Intent to Sue For Failure In Trespass Cannabis Grows

Monday, June 21st, 2021
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Trespass grow site in Shasta-Trinity National Forest. Photo by US Forest Service.

EPIC and allies including Klamath-Siskiyou Wildlands Center, Californians for Alternatives to Toxics [and the] Northcoast Environmental Center, filed a formal notice of intent to sue the [U.S.] Forest Service for failing to clean up hazardous waste associated with trespass cannabis grows on Forest Service lands in California.

At the heart of the lawsuit is a novel legal question: Is the federal government obligated to remove hazardous waste on its property? By deliberately leaving hazardous waste in the forest, often without warning or marking, conservation groups assert that the Forest Service is putting the public and the environment at risk.

Trespass cannabis cultivation is routine on public lands in California and the Forest Service—the largest landowner in the state—busts dozens of grow sites per year. While trash and other solid waste is often removed from grow sites after law enforcement, deadly pesticides, including some that are banned for use in the United States, are routinely left at the former grow site because of the cost and complexity of removal. This presents a legacy problem for humans and the environment.

“Our public lands should not be warehouses for toxic chemicals,” said Tom Wheeler, executive director of the Environmental Protection Information Center and the author of the notice letter. “The Forest Service has an obligation under the law to deal with hazardous waste left on their lands. Their failure to do so harms the environment and puts human lives at risk.”

Hazardous waste discovered yet left in the forest include carbofuran, warfarin, zinc phosphide, strychnine, methomyl, carbaryl, and aluminum phosphide. The risk to humans is acute. Take carbofuran for example. Carbofuran, a potent neurotoxic insecticide, is so hazardous that it can kill an adult human with “just a drop” —1/16th of a teaspoon—and is “one of the most toxic carbamate pesticides ever produced.” Carbofuran is found at approximately 32-34% of trespass grow sites in California. Often found in unmarked containers, like chemical sprayers and Gatorade bottles, simply picking up a bottle of carbofuran without gloves exposes a person to the poison. Carbofuran is so dangerous that as of 2009, there are no legally permitted uses for carbofuran. The risk is also not abstract, as law enforcement officers have been injured by pesticide exposure at trespass grow sites.

“Access to our National Forests is a minefield for campers, hikers and wildlife with extremely hazardous toxic chemicals left dumped and leaking downstream who knows how far,” said Patty Clary of Californians for Alternatives to Toxics. “With its huge footprint in California, the Forest Service is completely remiss and cannot be allowed to ignore the ongoing poisoning of our land and water caused by unfettered criminal marijuana grows as if this horrendous problem doesn’t exist.”

Hazardous waste also continues to make its way into the environment. Recent research shows that pesticide residue is commonly found in the blood endangered species, such as the northern spotted owl and the Pacific fisher, so much so that the U.S. Fish and Wildlife Service has recognized toxicants associated with trespass cannabis production as a threat to these species.

By filing the notice of intent to sue, conservation organizations hope to forestall actual litigation by forcefully encouraging the Forest Service to budget and plan for the full remediation of all known grow sites on their lands in the state.

Conservation groups are represented by William Verick of the Klamath Environmental Law Center.

See the full Notice of Intent here.


The InterTribal Sinkyone Wilderness Council Calls For A Halt To Richardson Grove Project

Tuesday, May 11th, 2021
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On May 7th, 2021 the InterTribal Sinkyone Wilderness Council (Sinkyone Council) and the Environmental Protection Information Center (EPIC) sent a letter requesting that Caltrans halt the Richardson Grove Improvement Project (the project). The letter, which you can read here, outlines the cultural significance of Richardson Grove and the old-growth redwood trees to the Sinkyone People and other Tribes of the region.

To the Sinkyone People, Gááhs-tcho (Redwood Tree) is a special relative whom they were taught to never harm. “As Indigenous Peoples, our responsibility is to respect and care for places like the Grove because of their inherent sacredness and importance within the larger Gááhs-tcho temperate rainforest of this region and beyond. The Grove is an irreplaceable part of the cultural landscape and identity of the Sinkyone People,” asserts Mary Norris who is Chairwoman at the Cahto Tribe of Laytonville Rancheria, the Tribal community situated closest to the Grove today.

The Sinkyone Council’s commitment to defending nature and supporting revitalization of Tribal traditional lifeways and relationships with cultural landscapes and seascapes is guided by the long continuum of Tribal presence in places like the Grove. The Council has a long track record of demanding state and federal agency compliance with cultural protection laws. Agencies have legal requirements to protect Tribal cultural heritage and values, and to prevent harmful impacts to Tribes’ cultural properties and ways of life, including cultural places. This principle is underscored by Sinkyone Council Chairwoman Priscilla Hunter, who asserts “Caltrans has a duty to honor and uphold protection for cultural places such as the Grove.”

Richardson Grove is one of only a few remaining ancient redwood groves, a critical part of the surviving 2% old-growth redwood still standing. Tribal members maintain cultural relationship with the Grove as an important place for the continuation of traditional ways of life, as Sinkyone ancestors for millennia did. For these and other reasons, it is vitally important that the Grove be accorded sufficient protections that in turn will ensure Indigenous Sinkyone cultural heritage and lifeways are respected and protected.

EPIC has long opposed the project because of its negative impacts to old-growth redwoods and our belief that alternative solutions are available. We are proud to stand alongside the Sinkyone Council in continuing to call for this project to be abandoned.


Take Action For Richardson Grove!

Monday, December 14th, 2020
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We need your support at the Board of Supervisors weekly Zoom meeting on the morning of Tuesday, December 15th. Staff have provided the Board with an alternative statement expressing community opposition to the Richardson Grove Project and highlighting that the county takes no formal position on the project. This is BIG!

Please let the Supervisors know that you support the alternative statement!

The meeting starts at 9am and this item will likely be heard in the morning session. (There is no time certain.)

How to Zoom public comment: When the Board of Supervisors announce the agenda item that you wish to comment on, call the conference line and turn off your TV or live stream. Please call 669-900-9128, enter Meeting ID 931 8995 1592 and press star (*) 9 on your phone, this will raise your hand. You’ll continue to hear the Board meeting on the call.

We need you to let them know that you love Richardson Grove State Park and that you don’t support highway widening that threatens old-growth redwoods. Share why you feel passionately about the grove–perhaps you have a favorite memory of the park, or that when you hit the park after a long road trip you feel like you are home again–why you are opposed to the project, and politely ask that they remove support from the project from the document. Positive comments are much more effective than negative or angry responses to the Supervisors. 

How to watch: You may access the live stream of the meeting by using the following link: Watch live: http://humboldt.granicus.com/MediaPlayer.php?publish_id=2

Agenda: https://humboldt.legistar.com/View.ashx?M=A&ID=736535&GUID=DD19A2F4-6FF5-49E6-BA94-C955867B50A5

Can’t make it? It is important that Supervisor Fennell and Supervisor Bass hear from their constituents. Please write them at [email protected] and [email protected]


Richardson Grove: A Setback But Not A Loss

Thursday, December 10th, 2020
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A setback but not a loss. That’s what I told my board and staff after we received news on Wednesday that the Ninth Circuit reversed our lower court victory. Don’t worry. Bulldozers are not set to start ripping into the roots of old-growth redwoods…yet. But this setback should inspire us to work harder to stop the project, something that will demand concentrated grassroots advocacy and political action. In other words, we need you.

Here’s how we got here:

In 2017, Caltrans sought to restart the Richardson Grove Project, which had been on hiatus since 2014 because of previous litigation, by issuing a new “addendum” to the project file. EPIC immediately filed two lawsuits, one at the Humboldt County Superior Court (state court) alleging violations of CEQA and one at the Northern District Court of California (federal court) alleging NEPA and other federal law violations. In 2019, we won at both the state and federal level. At the state level, Judge Kelly Neal of the Humboldt County Superior Court found that the addendum contained significant new information that required Caltrans to offer a new public comment period. At the federal level, EPIC and allies won on a number of our NEPA claims, with Judge William Alsup finding that Caltrans failed to consider a number of impacts from the project on old-growth redwoods in their review of impacts. (Importantly, the Northern District Court did not rule on all of the claims that EPIC brought, only certain NEPA claims.) Caltrans appealed the federal case but not the state case and in October 2020, the Ninth Circuit heard oral argument on Caltrans’ appeal.

On Wednesday, the Ninth Circuit reversed the lower court. In each place that Judge Alsup found that Caltrans had inadequately reviewed potential impacts to old-growth redwoods, the Ninth Circuit found that Caltrans had adequately considered those impacts. While we disagree with the decision, the reversal was not wholly stunning, as courts are generally deferential to agency determinations about what environmental impacts they must consider. Four judges considered the issue. One agreed with us, three did not. If we had drawn a different panel, it may have bounced the other way. So it goes. Importantly, the Ninth Circuit did not rule on any of our other claims, leaving them for resolution by Judge Alsup on remand.

Here’s where we are going:

It is not over for our litigation to save Richardson Grove. Not even close. At the federal level, we are considering whether to ask for a rehearing at the Ninth Circuit, but whether or not we do so, we still have our other claims to pursue and we are going to vigorously prosecute them. As this most recent decision shows, there is no way to guarantee how courts will decide things, but we are confident in our chances. At the state level, Caltrans has not yet completed the new public comment and review period mandated by the state court.  Until they do so, the project cannot move forward.

Beyond the courts, we will need you to continue to voice your opposition and outrage at this project. The next steps and strategies are in the works and we will shortly call upon you for help.

Thank you all for your support over the past ten years in the fight to save Richardson Grove.

We press on!

Tom Wheeler, Executive Director

Background
Richardson Grove State Park, is considered the gateway to the Redwoods, where tourists often first encounter large Redwoods when heading north on Highway 101. It is home to one of the last protected stands of accessible old-growth redwood trees in the world. The park has essential habitat for protected species and its creeks support runs of imperiled salmon and steelhead trout.


Wolf Coalition Launches Challenge To Nationwide Wolf Delisting

Wednesday, November 11th, 2020
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On Friday, Nov. 6, EPIC and a coalition of Western wolf advocates filed a notice of intent to sue the U.S. Fish and Wildlife Service, launching a challenge of the agency’s decision to prematurely strip wolves of federal protections in the contiguous 48 states, in violation of the Endangered Species Act. This notice starts a 60-day clock, after which the groups will file a lawsuit in federal court.

“California’s wolves are just starting to return home, having been driven out of the state by 1924,” said Tom Wheeler, Executive Director at the Environmental Protection Information Center. “A politically-driven delisting puts wolf recovery in California at jeopardy by stripping protections at the moment they are needed most.”

The most recent data from the U.S. Fish and Wildlife Service and its state partners show an estimated 4,400 wolves inhabit the western Great Lakes states, but only 108 wolves in Washington state, 158 in Oregon, and a scant 15 in California. Nevada, Utah, and Colorado have had a few wolf sightings over the past three years, but wolves remain functionally extirpated in these states. These numbers lay the groundwork for a legal challenge planned by a coalition of Western conservation groups.

“Wolves are a keystone species whose presence on landscapes regulates animal populations and improves ecosystem health – something the Service has acknowledged for at least 44 years,” said Kelly Nokes, an attorney at the Western Environmental Law Center. “Allowing people to kill wolves in Idaho, Wyoming, and Montana has already stunted recovery in those states. Applying this same death sentence to wolves throughout the contiguous U.S., would nationalize these negative effects, with potentially catastrophic ripple effects on ecosystems wherever wolves are found today.”

In delisting wolves, the Service ignores the science showing they are not recovered in the West. The Service concluded that because in its belief there are sufficient wolves in the Great Lakes states, it does not matter that wolves in the West are not yet recovered. The ESA demands more, including restoring the species in the ample suitable habitats afforded by the wild public lands throughout the West. Indeed, wolves are listed as endangered under state laws in Washington and California, and wolves only occupy a small portion of available, suitable habitat in Oregon. Likewise, wolves also remain absent across vast swaths of their historical, wild, public lands habitat in the West, including in Colorado and the southern Rockies.


Welcome Matt Simmons: EPIC’s Newest Legal Fellow

Tuesday, November 10th, 2020
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Photo by Clary Zulette.

Hello EPIC!

My name is Matt Simmons and I’m EPIC’s newest legal fellow. I may have grown up in Los Angeles, but I like the North Coast a whole lot more. I became passionate about protecting the environment thanks to my elementary school science teacher Mr. Flint who taught me about climate change and the devastating effect that our current society is having on ecosystems across the globe. In college, I decided that the best way for me to help protect the environment would be to become a lawyer and work on its behalf.

Last May, I graduated from UCLA Law with specializations in both Environmental Law and Public Interest Law. While there, I interned at the Natural Resources Defense Council, participated in UCLA Law’s Environmental Legal Clinic, and acted as a research assistant for a renowned environmental law professor. I also wrote papers on dam removal, green gentrification, and legal personhood for the environment. I was lucky enough to secure partial funding for my legal fellowship at EPIC thanks to the UCLA Emmett Institute and UC Office of the President.

Now that I am at EPIC, I am excited to help advocate for the protection of California’s forests. In particular, I’m excited to work on matters related to the Endangered Species Act which is my favorite environmental law. EPIC has a long history of protecting endangered species that I am excited to be a part of. I know I have a lot to learn from Tom, Amber, Kimberly, and Rhiannon about how to be a successful environmental advocate. They’ve had so much great success and I am excited to start doing my part to help. I’m also really grateful to all of EPIC’s members who make our work possible and I look forward to meeting more of you over the coming months.

Thank you for your continued support,
Matt

Questions? Contact Matt at [email protected]

 


Caltrans Attempts to Appeal Federal Court’s Ruling and Protection of Richardson Grove

Monday, October 26th, 2020
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For over a decade, EPIC and our allies have defended the ancient redwoods in Richardson Grove State Park from Caltrans’ controversial proposal to widen Highway 101 through the protected state park. And for years, Caltrans has attempted to maneuver around state, federal, and environmental laws to push the project through with weak and insufficient environmental review documents. In 2019, Honorable Judge William Alsup from the Northern District Court of California ruled that Caltrans must go back to the drawing board and prepare a full Environmental Impact Statement (EIS). 

Now Caltrans is attempting to appeal Alsup’s 2019 federal ruling that invalidated Caltrans’ revised Environmental Assessment and ordered the agency to conduct a full Environmental Impact Statement. On October 13, 2020, the Ninth Circuit Court of Appeals in San Francisco heard oral arguments on the defendant’s appeal and plaintiff’s response briefs on Richardson Grove. The hearing was live streamed on the Court’s youtube channel and can be viewed here. 

Initially, the agency attempted to use a categorical exemption, then prepared an Environmental Assessment (EA), then made a supplement to the EA, all of which have been determined by various courts to be inadequate to comply with state and federal laws. Alsup found that the agency’s EA omitted consideration of key elements of the proposed project and thus failed to take the “hard look” required under the National Environmental Policy Act, which prevents Caltrans from working on the proposed project until it has conducted a full EIS. 

In his ruling, Alsup stated that “After eight years of litigation, the Court is convinced and so finds that Caltrans has been bound and determined from the outset, regardless of the source, to arrive at a FONSI [Finding of No Significant Impact] and thus avoid the scrutiny of an EIS….Caltrans never gave the fair “hard look” required by NEPA but resorted to cherry picking the science to arrive at a preordained conclusion…At long last, the Court now orders that Caltrans stop trying to skate by with an EA/FONSI and that Caltrans prepare a valid EIS. Please do not try to systematically minimize the adverse environmental consequences and to cherry-pick the science.”

Attorney Stuart Gross represented the plaintiff group, which is made up of local neighbors to Richardson Grove State Park and nonprofit environmental groups, including EPIC, who are committed to protecting Richardson Grove. The three judge panel asked good questions and is expected to make a determination regarding Caltrans’ appeal of the district court’s grant of summary judgment and permanent injunction against proceeding with a proposed highway project in Richardson Grove State Park. 

No matter the determination, EPIC will stand strong for the protection of the incredible old-growth of Richardson Grove. Along with the federal court ruling currently being appealed, EPIC and allies were also victorious in a state court decision in 2019 that found the agency avoided public scrutiny by failing to include notice of new information in their EIR. While Caltrans continues to attempt to push forward this faulty project, we will continue to be a watchdog for the forest and stand in the way of what is unmistakably a bad project for the trees, the critters, and the public.

 


BREAKING: Humboldt Martens Receive Long-Awaited Endangered Species Act Protection

Tuesday, September 1st, 2020
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The U.S. Fish and Wildlife Service announced today that the Humboldt marten will receive protection as a threatened species under the Endangered Species Act. The decision comes after EPIC and the Center for Biological Diversity sued the Trump administration for its long delay in finalizing protections for this rare species.

Humboldt martens are an elusive, cat-sized member of the weasel family. Once common in coastal forests in northern California and southern Oregon, the population was decimated by unchecked trapping and logging of its habitat. Today, fewer than 400 of these fascinating carnivores remain in four highly isolated fragments of the species’ historic habitat.

“It’s about time Humboldt martens got the protections they so desperately need,” said Quinn Read, Oregon policy director of the Center for Biological Diversity. “We are perilously close to losing this incredible species forever. These protections provide a pathway to recovery, and we’ll do everything we can to hold the Trump administration accountable to its responsibilities under the Endangered Species Act.”

The protections announced this week come 10 years after EPIC and the Center for Biological Diversity petitioned to list the Humboldt marten as a protected species under the Endangered Species Act. In its final determination, the U.S. Fish and Wildlife Service recognized that Humboldt martens remain at grave risk from ongoing habitat loss and fragmentation due to unchecked logging and the increased frequency of wildfires.

“It is unfortunate that critical habitat for these rare forest denizens will be delayed. Protecting landscape connectivity and intact mature forests should be a priority,” said Kimberly Baker, EPIC’s public land advocate. “It is especially frustrating knowing that a great amount of time and money has been spent on research, which has already determined vital habitat areas needed to help ensure their survival.”

Photo by Mark Linnell, U.S.Forest Service.

Unfortunately the Fish and Wildlife Service undercut some of the protections for Humboldt martens in today’s designation by including an array of broad and vague exemptions for forest management activities. The Service also stopped short of designating critical habitat for the species, opting instead to conduct an economic analysis on an undetermined timeline.

Background

The EPIC and the Center petitioned to list the Humboldt marten as a protected species under the Endangered Species Act in 2010, but the Service caved to pressure from the timber industry and issued a negative decision in 2015. The groups successfully challenged that decision, and a federal judge ordered the agency to reevaluate the marten’s status.

The Service subsequently announced its proposal to list the marten as a threatened species in October 2018. That decision triggered a deadline for a final listing by October 2019, but after failing to act, the Center and EPIC filed suit to require the agency to finalize protections.

Martens are threatened by the ongoing logging of mature forests, loss of closed-canopy habitat to wildfires, rodent poison used in marijuana cultivation, and vehicle strikes. California banned trapping of Humboldt martens in the 1940s, but Oregon did not follow suit until 2019 after a petition and lawsuit from conservation groups. The animals have been wiped out from 93% of their historic range.

Martens have triangular ears and a bushy tail, and are related to minks and otters. They grow up to 2 feet long but weigh less than 3 pounds and must eat a quarter of their body weight daily to keep up with their high metabolism. Martens eat small mammals, birds, berries, reptiles and insects, and are eaten by larger mammals and raptors.

See Full Press Release Here.


Win For Conservation Groups: Illegal “Crawford” Old-Growth Timber Sale Withdrawn

Tuesday, August 11th, 2020
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In the face of litigation brought by EPIC and other conservation organizations, the Klamath National Forest has withdrawn its approval of a timber sale that threatened old-growth forests in the cold water tributaries of the Klamath River. The “Crawford” timber sale would have removed large-diameter thick-barked old-growth trees that are resilient to fire, provide crucial wildlife habitat, and regulate streamflow and temperature of mountain streams that are critical to the health of the Klamath River. The Klamath-Siskiyou Wildlands Center (KS Wild), Klamath Forest Alliance (KFA) and the Environmental Protection Information Center (EPIC) filed suit in April in the Eastern District Court of California alleging that the timber sale violated the National Environmental Policy Act and the National Forest Management Act.

“It is time that the Forest Service work with communities and stakeholders to restore forests, protect homes and communities and safeguard watersheds,” said Tom Wheeler, Executive Director at EPIC. “The Crawford timber sale could and should be changed to thin existing timber plantations while utilizing prescribed fire to restore these forests from past mismanagement.”

The Crawford Creek watersheds, located between the Siskiyou and Marble Mountain Wilderness Areas are a stronghold of low elevation temperate rainforest. The area provides vital habitat connectivity for wildlife and serves as a corridor for animals dependent on mature intact forests, like the pacific fisher and northern goshawk. For species adapting to and surviving the climate and biodiversity crisis, these closed-canopy virgin forests provide much needed refuge.

“We are relieved to know that two of the only remaining reproductive northern spotted owl pairs on the Klamath National Forest, will keep their habitat,” said Kimberly Baker, KFA’s Executive Director and EPIC’s Public Lands Advocate. “This species is so close to extinction, protecting reproducing pairs must be a priority. And, in this day and age, ancient and mature forests should remain standing. They are our first line of defense in guarding against global warming.”

“It is unfortunate that the Klamath National Forest refuses to work with the public to create projects that restore rather than harm forests and watersheds” said George Sexton, Conservation Director at KS Wild. “It shouldn’t take a federal lawsuit for the Forest Service to acknowledge that it is a bad idea to log old-growth trees in the backcountry when there is so much work that could be done to help fire-safe homes, ranches and communities.”

While the Forest Service has withdrawn its approval of the project, it is not immediately clear what will become of it. The agency may attempt to cure the deficiencies outlined in litigation and repackage the timber sale. However, the conservation community wants to see the Forest Service stick to non-controversial work that will help protect communities while respecting the old-growth watersheds of the Mid-Klamath basin.

Meriel Darzen and Oliver Stiefel of the Crag Law Center represented the conservation groups in their litigation.

For more information on this litigation and project, see our previous blog post here.

Find the full Press Release here. 


BREAKING: EPIC Win For Mendocino National Forest at the Ninth Circuit!

Monday, August 3rd, 2020
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In a major victory, the Ninth Circuit Court of Appeals has sided with EPIC in a case impacting the Mendocino National Forest. The court found that the Forest Service’s use of a “categorical exclusion” to avoid an environmental impact assessment for a timber sale following the 2018 Ranch Fire was likely a violation of the law and that EPIC should have been awarded an injunction by the lower court to stop logging. The Ninth Circuit’s decision is available here. For more on this case, check out some of our past blog posts here and here.

In 2018, the Ranch Fire burnt a significant portion of the Mendocino National Forest. In response, the Mendocino National Forest authorized a series of commercial timber sales near roads within the forest. To avoid environmental review required by NEPA, the Mendocino National Forest attempted to shove these timber sales under a “categorical exclusion” to the ordinary requirements to prepare a document. Although a categorical exclusion for post-fire timber operations existed, the Forest Service did not employ this exclusion because they would be limited in the total acreage they could log. Instead, the Forest Service employed a different, ill-fitting categorical exclusion that allowed for “[r]epair and maintenance of road” including “[p]runing vegetation” to authorize these timber sales. 

EPIC challenged this project and sought an injunction to ongoing timber operations. The Northern District of California denied EPIC’s injunction and we appealed (with an oral argument by Zoom and livestreamed to Youtube) to the Ninth Circuit. Ultimately, the Ninth Circuit sided with EPIC, with a 2-1 decision finding that EPIC should have been awarded its injunction. The Court ultimately found that “Under no reasonable interpretation of its language does the Project come within the [categorical exclusion] for ‘repair and maintenance’ of roads.” 

With simple math, the Ninth Circuit exposed the pretextual nature of the Mendocino National Forest’s use of the categorical exclusion. In many areas, the court noted, the average tree height was only 100 feet, yet the National Forest established a once-size-fits-all prescription allowing for the logging up to 200 feet on either side of the road, and thus the project would allow targeting trees that posed no risk to road users.

This ruling has big implications for our National Forests moving forward. Under the Trump Administration, EPIC has seen a widespread abuse of the rejected faulty logic to log without environmental review or public participation.

What’s next? The case is remanded back to the Northern District Court for further proceedings consistent with the Ninth Circuit’s decision. We will update you when we know more. 

EPIC is able to bring litigation like this because of members like you. A donation is deeply appreciated.

View the full Press Release here


BREAKING: EPIC Joins Nationwide Coalition to Defend People’s Environmental Law

Wednesday, July 29th, 2020
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EPIC, along with a nationwide coalition of organizations from the environmental justice, outdoor recreation, and conservation communities, filed a lawsuit challenging the Trump administration’s attack on the National Environmental Policy Act (NEPA) this afternoon. 

The administration finalized its rules that will eviscerate core components of NEPA in mid-July. Under new regulations put forth by the White House Council on Environmental Quality (CEQ), polluting projects of all kinds will be exempt from basic environmental reviews, and the public will be cut out of one of its best tools to prevent dangerous, shortsighted projects. 

“NEPA ensures that California’s forests remain verdant and our rivers stay clean by requiring that federal agencies understand the environmental impacts of their decisions. Trump’s new rule is a crushing disappointment to good government and to a healthy environment,” said Tom Wheeler, executive director, Environmental Protection Information Center.

“It has been more than 30 years since the passage of the National Environmental Policy Act and environmental justice communities continue to live with the impacts of decisions that precipitated its need,” said  Kerene N. Tayloe, Esq., Director of Federal Legislative Affairs at WE ACT for Environmental Justice. “The changes made to this bedrock environmental law will further undermine basic protections, including the public’s right to participate in decision making and the obligation of the government to fully and thoroughly study the cumulative impacts of health hazards on overburdened communities. They also reflect a disregard of Black, Brown and poor communities and the unwillingness of this administration to execute laws in a way that benefits all Americans. WE ACT for Environmental Justice is committed to pursuing every option available to preserve and strengthen NEPA for the betterment of everyone.” 

“NEPA matters,” said Tricia Cortez, Executive Director of the Rio Grande International Study Center. “Here on the border, we know what a world without NEPA looks like because of what we’ve experienced with the border wall. The U.S. government has waived NEPA and dozens of other federal laws to rush construction for a politically motivated and destructive wall project. We would not wish this on any other community in this country. The feeling is like having a train barreling at you with nothing to stop it. To protect our environment and our health, we the people must save NEPA.” 

“We will not allow the Trump administration to compromise our rights to protect our communities and public health from the harms associated with unscrupulous and destructive industrial developments such as mining, oil and gas, and military operations,” said Pamela Miller, executive director of Alaska Community Action on Toxics. “This is a grave environmental injustice and we aim to prevent this attack on one of our most fundamental environmental laws.”

“The Trump administration picked the wrong fight,” said Kristen Boyles, an Earthjustice attorney serving as co-counsel on the case. “They want to make it easier to silence people’s voices and give polluters a free pass to bulldoze through our neighborhoods. That’s why we’re taking them to court.” 

“We have consistently defeated this administration’s relentless, vicious dismantling of safeguards for people and the environment, and we will do so again for this critically important law,” said Susan Jane Brown, Western Environmental Law Center co-counsel. “A thriving economy is not at odds with worker protections and a healthy environment — it depends on both.”

See the full press release here.


Opening Brief Filed in Case to Save Humboldt Marten

Thursday, July 2nd, 2020
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EPIC Challenges Take Permit Issued to Green Diamond

In late May, EPIC submitted an opening brief in the case to overturn a permit that threatens California’s last remaining Humboldt martens. Read it here. With fewer than 200 likely in the state, the marten is teetering on the edge of extinction. Necessary to the long-term survival of the species is to connect the largest population of martens, found on Six Rivers National Forest in Del Norte County, to prime habitat in the Redwood National and State Parks complex to the southwest. Standing in the way is Green Diamond, which owns the majority of this area.

Green Diamond clearcut along Redwood National Park border

Green Diamond’s clearcut-heavy management is antithetical to the needs of the Humboldt marten. Martens require mature forests and thick layer of herbaceous undergrowth to slink through the forest undetected by predators. Clearcutting destroys this undergrowth and leaves martens exposed. Clearcutting also provides prime habitat for the marten’s number one predator, bobcats, whose populations explode because of the woodrats and rabbits that enjoy clearcuts. With so many bobcats present, Green Diamond’s lands become uninhabitable for martens and, where clearcuts are near occupied marten habitat, bobcats begin to tread further into these occupied areas. That’s why it is curious that the California Department of Fish and Wildlife gave the company a free pass to “take” martens through their management.

As we’ve previously recounted, through funny math and a promise to relocate martens, Green Diamond convinced higher ups at the Department to issue a permit. And as we’ve now discovered through Public Records Act requests and through litigation, the actual scientists who work closely with Green Diamond were aghast—one writing that “this [Safe Harbor Agreement] sounds absolutely Orwellian” and that the permit “will, as a whole, actually be harmful.” Political interference to benefit a powerful timber company and plodding through the objections of staff scientists is something that we’ve come to expect from the Trump administration, not California’s wildlife agency.

The case is being heard in Humboldt County Superior Court by Judge Kelly Neel.

EPIC would like to extend a special thanks to our excellent attorneys, Marie Logan and Greg Loarie, of Earthjustice for representing us and our friends at the Center for Biological Diversity, who are our co-plaintiffs in the case. #TeamMarten

 


EPIC Files Lawsuit to Defend Old-Growth In Klamath National Forest

Tuesday, April 28th, 2020
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View from Crawford project area looking over the Klamath River watershed into Marble Mountain Wilderness.

 

Last Friday, EPIC and allies filed a federal lawsuit challenging the Klamath National Forests Crawford Timber Sale project. The project is located 15 miles southwest of the town Happy Camp and north of Dillion Creek, a salmon stronghold of the Klamath River. It proposes logging the forest canopy down to 30% in over 250 acres of mature and old-growth forests.

Mature forest stand. All trees in this photo without orange paint are proposed for logging.

The virgin forest in the Crawford Timber Sale is just outside the Siskiyou Roadless Area and provides an important wildlife corridor between the Siskiyou and Marble Mountain Wilderness Areas. Serving as Critical Habitat for the imperiled northern spotted owl the project area is home to two of the few reproductive owl pairs remaining on the Klamath National Forest. The Crawford timber sale would result in the “take” of these surviving pairs and would remove and degrade over 350 acres of Critical Habitat.

Old-growth Douglas fir 5 foot in diameter located in Northern spotted owl critical habitat and home range that is proposed for cutting.

The lawsuit focuses on three major claims: the agencies failure to comply with it’s own Forest Plan for the protection and recovery of northern spotted owls, especially reproductive pairs; failure to protect the Pacific fisher, which would lose 225 acres of habitat; and the failure to prepare a full Environmental Impact Statement, which is required when a major federal action may significantly affect the quality of the environment.

EPIC is joined by the Klamath Siskiyou Wildlands Center and Klamath Forest Alliance and is represented by Meriel L. Darzen and Oliver Stiefel of the Crag Law Center.

If you love the denizens who rely on dense forest canopy cover for survival, like the Pacific fisher, please donate today and help support the defense of old-growth forests.

To carry out this legal challenge to preserve owl habitat, clean water, fire resilient landscapes and our right to participate in public land management decisions, we need to raise substantial funding. Please help us see this case through by making a substantial donation today.


EPIC And Others To Sue USFWS for Putting Northern Spotted Owls at Risk

Thursday, January 30th, 2020
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Northern Spotted Owl. Photo by Frank D. Lospalluto.

On Friday, EPIC and a coalition of conservation groups notified the U.S. Fish and Wildlife Service of its intent to take the agency to court for is failure to complete an evaluation on the status of the northern spotted owl and whether the owl warrants greater protection under the Endangered Species Act. The notice letter begins a 60-day window for the Service to comply with the law by evaluating whether existing protections for the owl are sufficient to stave off extinction.

“The science is dire and alarming,” said Tom Wheeler, Executive Director of the Environmental Protection Information Center. “The Service’s failure to act is placing the northern spotted owl in danger of extinction. Urgent action is required now to avert tragedy.”

The northern spotted owl was first listed as “threatened” by the Service in 1990 because of range-wide population declines primarily caused by habitat loss from timber operations. Since the species listing, the northern spotted owl has been further impacted by the expansion of the more aggressive barred owl in its range. As the barred owl has moved south from British Columbia, the northern spotted owl declined precipitously. Today, northern spotted owls are functionally extinct in British Columbia and face extinction in the wild through the owl’s entire range within the next 50 years.

“Mature and old-growth forests that provide essential habitat for this species continue to be aggressively logged and removed,” said Nick Cady, Legal Director of Cascadia Wildlands. “Urgent action is needed by the Fish and Wildlife Service and is long overdue.”“The science is dire and alarming,” said Tom Wheeler, Executive Director of the Environmental Protection Information Center. “The Service’s failure to act is placing the northern spotted owl in danger of extinction. Urgent action is required now to avert tragedy.”

The Service has not completed a status review for the owl within the statutorily prescribed timeframe of five years, with the last status review completed in 2011. Similarly, the Service has failed to complete rulemaking concerning whether to “uplist” the owl from “threatened” to “endangered” despite the increasingly dire outlook for the species.

The Service’s failure to complete these actions has hurt the owl’s recovery in that the Service and other governmental agencies may be relying on outdated data. This is particularly troublesome as the Bureau of Land Management has already completed resource management plans for forests in the range of the northern spotted owl and as the U.S. Forest Service has begun its process to revise land and resource management plans for forests within the owl’s range.

The conservation groups include the Environmental Protection Information Center, Klamath-Siskiyou Wildlands Center, Western Environmental Law Center, American Bird Conservancy, Cascadia Wildlands, Oregon Wild, Pilchuck Audubon Society, Northcoast Environmental Center, Safe Alternatives for our Forest Environment, Forest Issues Group, Lassen Forest Preservation Group, Sierra Foothills Audubon Society, and South Umpqua Rural Community Partnership. The groups are represented by Susan Jane Brown of the Western Environmental Law Center.

Check out our full press release here. 


BREAKING:EPIC Litigates Mendocino National Forest’s Latest Attempt To Evade Environmental Review

Thursday, October 17th, 2019
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Mendocino National Forest bulldozer lines are linear clearcuts harmful to wildlife and ecosystems but are ineffective at stopping the fire. Photo courtesy of Kimberly Baker

The Environmental Protection Information Center (EPIC) is suing the U.S. Forest Service for approving a series of timber sales on the Mendocino National Forest that shortcut public participation and environmental review in violation of federal law. In a complaint filed today, EPIC alleges that the Forest Service expedited seven timber sales, totaling up to 7,000 acres, by mislabeling the logging as a “road maintenance” project. At risk from the logging are clean water, northern spotted owls, and increased fuel conditions.

All Forest Service timber sales are subject to the National Environmental Policy Act (NEPA). The core of NEPA is a requirement that agencies take a “hard look” at the environmental impacts of their proposed actions, typically done through an environmental impact statement or environmental analysis. The timber sales were approved using what is called a “categorical exclusion.” Categorical exclusions do not require environmental impact review or public comment.

Unnecessary bulldozer line the fire never reached fragments intact wildlands. Photo Courtesy of Kimberly Baker.

Here, the Forest Service argues that a commercial timber sale is “road maintenance” because the logging would remove dead and live trees affected by the 2018 Ranch Fire along roads, reducing the odds that the trees may fall and block the road. A separate categorical exclusion exists for post-fire logging, although that is limited to 250 acres, as anything larger in scale is assumed to be able to produce significant impacts to the environment. All timber sales in this proposed project are larger than 250 acres. Furthermore, many of the roads proposed for logging are closed to motor vehicle use.

“The Mendocino National Forest is taking a page from Trump’s playbook,” said Tom Wheeler, Executive Director of EPIC. “Calling a timber sale ‘road maintenance’ is a stunning way to stifle public participation and ignore environmental impacts.”

Science has widely recognized that post-fire logging is especially impactful, as logging adds an additional disturbance on top of the effects of the fire. Post-fire logging often results in degraded water quality, the spread of invasive plants, and loss of habitat for rare, threatened and endangered species. It can also increase the risk of high-severity fire since logging leaves behind a buildup of slash and finer “fuels.” If allowed to use a categorical exclusion instead of an environmental impact statement, these impacts may never be adequately examined and mitigation measures to reduce harm through better project design would not be incorporated.

“This is a massive project covering thousands of acres,” asserted EPIC’s Public Land Advocate, Kimberly Baker, “the Mendocino National Forest is breaking the law to meet timber targets and benefit timber corporations at a cost to fragile post-fire watersheds and threatened species. Public safety could be achieved in a more benign manner.”

EPIC is represented by René Voss of Natural Resources Law and Matt Kenna of Public Interest Environmental Law. The case will be heard in the Northern District Court of California.

To carry out this legal challenge to preserve owl habitat, clean water, fire resilient landscapes and our right to participate in public land management decisions, we need to raise substantial funding. Please help us see this case through by making a substantial donation today.

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State Court Victory in Richardson Grove Case!

Tuesday, June 11th, 2019
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Decision Finds Agency Avoided Public Comment and Scrutiny on Risks

Humboldt County Superior Court Judge Kelly Neel ruled in favor of environmental plaintiffs in the latest salvo in the nearly decade-long effort to prevent the widening of Highway 101 through old-growth redwoods at Richardson Grove State Park. As a result of this court decision, Caltrans is not allowed to physically alter the proposed project area and the agency would need to get court approval before moving forward. Plaintiffs include the Environmental Protection Information Center, Center for Biological Diversity, Californians for Alternatives to Toxics, Friends of Del Norte and four private citizens, Bess Bair, Trisha Lee Lotus, Jeffrey Hedin, and David Spreen. Plaintiffs Bair and Lotus both have generational family ties to the creation of the Park.

In her decision, Judge Neel found that Caltrans avoided public scrutiny by failing to solicit public comment on a significant piece of new information—a report from an arborist hired by Caltrans. In doing so, Judge Neel highlighted that the public and other agencies were deprived of their right to provide comment and feedback, something “essential” to the law.

“Caltrans has continued to view public opinion and opposition to the Richardson Grove Project as something that they can bulldoze through,” said Tom Wheeler, Executive Director at the Environmental Protection Information Center. “Four times, courts have returned the project to the agency, finding that their slapdash work violates the law.”

Peter Galvin, Co-Founder of the Center for Biological Diversity stated, “We urge Caltrans to finally abandon their deeply misguided and destructive plan to widen Highway 101 through Richardson Grove State Park. Our ancient redwood trees are too important to pave over.”

In 2010, Caltrans issued its Final Environmental Impact Report for the Richardson Grove Operational Improvement Project. In 2014, the First District Court of Appeals found that Caltrans had violated CEQA by failing to take a hard look at the project’s impacts to old-growth redwoods. After this decision, Caltrans attempted to cure its deficiency by hiring an arborist to examine project impacts. The arborist’s report, which presented new scientific data, including an untested rating system to predict impacts to tree health from project activities, was shielded from public comment through its release as part of an “Addendum” to the original CEQA documents. This added significant new information to the EIR without providing public notice and consultation with agencies.

The Court stated that “the rating system devised by the arborist may or may not rest on sound scientific footing. Without review and critique by others with expertise in the relevant fields, this footing remains untested. Peer review is essential to sound science.”

Plaintiffs are represented by Sharon Duggan, Stuart Gross of Gross & Klein LLP, Philip Gregory of Gregory Law Group, and Camilo Artiga-Purcell of Artiga-Purcell Law Office.

Background

Richardson Grove State Park, is considered the gateway to the Redwoods, where tourists often first encounter large Redwoods when heading north on Highway 101. It is home to one of the last protected stands of accessible old-growth redwood trees in the world. The park has essential habitat for protected species and its creeks support runs of imperiled salmon and steelhead trout.

Litigation against the Richardson Grove project has been successful in both state and federal court. Most recently, in 2019, Judge Alsup of the Northern District District Court of California rules in favor of plaintiffs, finding that Caltrans failed to take a hard look at the impacts to oldgrowth redwoods under federal law.