Far from basking in victory, we forest defenders must now redouble our efforts to protect the trees and creatures left vulnerable by the Headwaters Forest Agreement. Here are some of the new and continuing focuses:
*EPIC and the Sierra Club have filed a lawsuit seeking to ban state approval of Maxxam/PL logging plans until key elements of the Habitat Conservation Plan/ Sustained Yield Plan are revised. Specific problems are logging of old-growth trees throughout the company's ownership, continuation of "boom-or-bust" logging cycles, and lack of concern for the cumulative impact of multiple cuts within watersheds. EPIC is also continuing to monitor Pacific Lumber timber harvest plans, and to file suit against the worst of them. Some good news is that EPIC and rancher Michael Evenson recently prevailed in challenges of CDF's handling of two THPs in the Mattole River watershed. Unfortunately, an additional 4,000 acres of pristine old-growth Douglas fir in the Matolle are still exposed to sacrifice by the Headwaters "deal".
* Earth First! activists are continuing to confront Maxxam/PL "on the ground", dia-loguing with workers on the importance of sustained yield forestry and placing their own bodies in the path of destruction. Areas most needing protection are old-growth Douglas fir forests in the Matolle River watershed, and THP 520, the "Hole in Headwaters." To find out how you can get involved, call North Coast Earth First! at (707) 825-6598.
* Freshwater, Elk River and Stafford residents have each filed separate suites against PL for damage done to their homes and property by over-cutting. Stafford residents watched seven homes be completely destroyed by a massive mud slide, which also damaged about two dozen other homes. Elk River and Freshwater residents have had homes damaged by logging-caused flooding, and their water supplies have been seriously degraded. The Humboldt Watershed Council continues to organize watershed residents to resist the taking of their land by PL's frenzied, debt-driven logging.
* Julia Butterfly and other tree-sitters are occupying the upper regions of redwoods in three different locations. While Butterfly approaches her 16th month in the redwood called Luna overlooking the Eel River, Nate Madsen has been occupying a 250' tall tree for four months in the Freshwater Creek watershed. Earth First! activists have been occupying tree-tops in a place they call "Gypsy" Mountain, adjacent to Grizzly Creek State Park. David "Gypsy" Chain was killed defending the grove where the activists now tree-sit.
* The family of Gypsy Chain is in the process of filing a civil wrongful death suit against Pacific Lumber and logger A.E. Ammons over Gypsy's death last September 17. Gypsy was killed when he was hit by a tree felled in his direction by Ammons.
* Nonviolent activists who were tortured by pepper spray rubbed and poured directly into their eyes by police in the fall of 1997 are pursuing legal action challenging this sadistic practice. A civil trial in August of 1998 resulted in a hung jury, and before a retrial could commence Judge Vaughn Walker dismissed the case. The pepper spray victims have filed an appeal, which should be heard later this year.
* The Office of Thrift Supervision (OTS) and the Federal Deposit Insurance Corporation both have outstanding court actions against Maxxam. The combined suits demand that over a billion dollars be returned by Hurwitz and Maxxam for a taxpayer bailout of United Savings Association of Texas. Activists have suggested that if the feds prevail, Hurwitz could trade his SandL debt for redwoods in a "debt for nature swap." A ruling is expected in the OTS case this fall.
* A * The United Steelworkers of America (USWA) were on strike and are now locked out by Maxxam's largest subsidiary, Kaiser Aluminum. Steelworkers and greens have teamed up to fight Hurwitz. Environmentalists have pledged to continue helping the USWA in their job action. Most importantly, the Steelworkers have an ongoing union organizing drive at Pacific Lumber.
* The Native American Coalition for Headwaters is concerned that sacred sites, fishing rights, artifacts and land title issues have not been addressed by the HCP. It is exploring the possibility of filing suit.
* Pacific Lumber retirees recently filed suit to reclaim the $60 million Maxxam liquidated from their pension fund at the time of the takeover.
Copyright Mendocino Environmental Center 1999
Permission granted to excerpt or use this article if source is cited