|Hearing for a Preliminary Injunction on THP 475
for Thursday morning, Sept. 28th, 2000 10:00AM,
in Courtroom #4, County Courthouse, Eureka.
The State Appellate Court decision to restrain harvesting of this old growth Douglas-fir forest will remain in place until Humboldt County holds this hearing and makes a ruling. If Humboldt's judiciary decides in Pacific Lumber's favor, we will have to seek an appeal in San Francisco. There may be a day or so when the trees could be cut down, especially if the ruling in Humboldt comes out on a Friday afternoon (something they are quite capable of producing). It is extremely rare for Humboldt County judges to rule against PL at this stage of the case. Appeals are often granted from the State Appellate Division in San Francisco.
Judge Cissna has been selected to hold the hearing. However, he has recently recused himself (September 1, 2000) in a case dealing with Pacific Lumber because of past work he performed for them when he was a practicing attorney. It is questionable that he can hold a fair and unbiased hearing and our attorneys will make that point. It is a sad state of affairs when almost every judge in the county has been on the payroll of Pacific Lumber (leaving Judge Watson and Wilson unscathed).
The other Timber Harvest Plans (020, 031, 309 and 342) are still in the process. We have heard that 020 and 031 will not be approved this week. 309 and 342 are some time off. We have been offered additional legal help from Tony Serra's office in San Francisco. There is great interest in not seeing this ecological treasure lost as a sacrifice to the Headwaters.
Please try to attend the Thursday hearing. It makes a great impression on the judge. The last time we were in court over Sulphur Creek there was a sea of concerned citizens packing the courtroom. It was part of the reason the judge ruled in our favor. Facing so many residents and landowners helps the judge to overcome the backroom pressure of the old boys network.
If Judge Cissna is excused from the case and the hearing is postponed, you will be alerted as soon as that information is available. If you want telephone notification, please leave a message at 707-629-3679.
See you Thursday!