That case, known as Northern Spotted Owl, Marbled Murrelet and EPIC v. Bruce Babbitt and Pacific Lumber Company (or more succinctly as "the federal exemption case"), had a hearing before a panel of three judges in March 1996 in the Ninth Circuit Court of Appeals in San Francisco. Deciding on the basis of the limited evidence before them only, the judges overturned the injunction prohibiting logging. However, subsequent hearings indicate that this case is going to trial on full findings, which we will pull together in the course of a complete discovery process. This lawsuit aims to show that so-called "salvage logging" or any other type of logging must not be carried out in Headwaters' ancient forest groves without full environmental review and appropriate agency and citizen participation. Our dedicated lawyers are still at work on this federal case, but we can't necessarily count on another injunction coming through this September 15.
Perhaps frustrated by its inability to legally log ancient trees in the intact stands of Headwaters Forest, Pacific Lumber/Maxxam in 1995 obtained from the California Dept. of Forestry (CDF) exemptions to salvage log up to 10% of the standing "dead, dying or diseased" trees (a description that could apply to virtually all the trees in an old-growth forest!), as well as all of the downed trees on the forest floor. These broad exemptions from full environmental review apply to 196,000 acres of forestland, including the ancient groves of Headwaters.
CDF should have never issued this permit, since California Forest Practice Rules state that for exemption operations to occur, "no known sites of rare, threatened or endangered plants or animals will be disturbed, threatened or damaged." Both endangered spotted owls and marbled murrelets nest in the old-growth forests of Headwaters, so any logging operation is certain to disturb these rare species and their limited habitat.
In fact, the Owl Creek case established that damage to or destruction of habitat constitutes a "take" under the federal Endangered Species Act. EPIC's current case against salvage logging in the areas designated by the US Fish and Wildlife Service as "critical habitat" for the endangered marbled murrelet (encompassing 33,000 acres of PL forestland) depends on this ESA protection and rests on the assumption that these sensitive areas should receive full environmental impact assessment, and not be subject to the exemption loophole of "salvage logging."
PL/Maxxam logging plans include the possibility of helicopter operations that would impact the canopy, as well as ground operations yarding trees from existing roads around the remaining groves. Both types of logging are likely to endanger known nest sites of both owls and murrelets. In March 1996 concerned citizens united to oppose an eight-acre road-building plan in the heart of the 3000-acre Headwaters Grove, with prolific written comments and a marathon day of public testimony before the Board of Forestry in Sacramento. Fortunately, this onerous road plan was denied.
Though the ancient groves are temporarily protected during the '96 nesting season, PL has aggressively pursued clearcut logging throughout 1996 in the second-growth areas between ancient groves. These important buffer zones and connecting areas are necessary to the health of the entire Headwaters Forest, but we have not been able to prevent the ongoing destruction here.
Just like our situation last year this time, salvage logging operations may begin after Sept. 15, 1996, the "official" end of marbled murrelet nesting season. A massive rally to show our opposition to any logging in the old-growth groves is planned once again for Sept. 15. Contact EPIC or the MEC for information.
Copyright Mendocino Environmental Center 1996
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