Hole
In Headwaters Deal Threatens To Turn Triumph To Travesty
By Katherine Cowy Kim, Pacific News Service, July 21, 2000
The
long struggle to save one of the last remaining stands of old
growth redwoods may be entering a new phase. This time the trees
are not so sexy, and the crowd is somewhat smaller, but the
need is no less. Katherine Cowy Kim is an associate editor at
Pacific News Service.
To understand the controversy in the Headwaters Forest Preserve,
you must first take a look at a topographical map of the area,
at the geometric grid of longitude and latitude superimposed
on the intricate sinuous lines of elevation.
Some look at the map and see colors symbolizing the noble
old-growth redwoods, the river runs of Coho Salmon. Others
see boundaries, demarcations of ownership and value. And still
others see both labyrinth and chessboard, a place of loopholes
and dead ends, and ultimately the site of economic battles
and a test of patience.
Throw a few star-studded celebrities into the mix and you've
got a sexy, California soap opera.
In March of 1999, the Headwaters Agreement was signed. For
$480 million, five groves -- including the two largest, privately-owned
old-growth groves -- were transferred from Pacific Lumber
Company (owned by Maxxam Corporation) to the State of California.
The two ancient groves were permanently protected, the others
are safe for 50 years.
This seemed an environmental victory, compounded by the much-publicized
glory of Julia "Butterfly" Hill and the preservation
of the 1,000-year-old redwood "Luna" where she lived
for over two years.
But the deal was -- as deals often are -- flawed.
Some environmentalists say that the 3,000 acres of the Preserve
could not have been logged anyway, because that would violate
the federal Endangered Species Act, as the redwoods provide
a nesting space for such threatened birds as the Spotted Owl
and the Marbled Murrelet.
Others say the Act means nothing "up there" anyway,
where forestry agencies are understaffed and cannot check
into all the Timber Harvest Plans (THP).
Also, the March 1999 agreement gave Pacific Lumber 700 acres
-- over 650 football fields -- right inside the Headwaters
Preserve. This space, THP 520 -- dubbed "The Hole in
the Headwaters" -- can be logged at any point, PL claims,
because they acquired it from a company with an already-approved
THP.
"As
if birds can't fly," scoffed Owl of the North Coast Earth
First! office, pointing out the absurdity of saving one grove
and then eliminating its immediate neighbor.
"The
Hole" consists of second-growth redwoods, and at points
is a quarter mile from the old-growth Headwaters Grove and
the South Fork of Elk River, one of the state's last wild
Coho Salmon streams. If logged, erosion will affect the river,
removal of the forest canopy would heat the water to temperatures
unfavorable to salmon, and water quality downstream would
deteriorate as logging has already ruined the North Fork.
So the Environmental Protection Information Center (EPIC)
and the Sierra Club sued the California Department of Forestry
because it approved substantial changes in the logging plan
without inviting public comment or environmental review.
On July 10, Superior Court Judge Quentin Kopp issued a preliminary
injunction against the change, saying the Forestry Department
"prejudicially abused its discretion," and that
"a believer in orchestration might reasonably conclude"
the department acted deliberately "to prevent public
exposure or comment."
But Kopp also slapped a $250,000 bond on the environmentalists
-- Pacific Lumber had asked for $1 million, arguing they would
lose $8 million if they couldn't log. EPIC and the Sierra
Club asked for a reduction, but Kopp denied the request, citing
the Sierra Club's deep pockets.
He did extend the deadline for the bond and at the eleventh
hour, the environmentalists came through, supported by the
likes of Don Henley, Bonnie Raitt and James Gardner.
They paid, but protested that requiring a significant bond
"flies in the face of the intent of these laws, that
citizens be able to enforce laws when the government is actively
engaged in violating them," said EPIC's executive director
Paul Mason.
Though the injunction was heralded as a victory, the political
game moves at a snail's pace. Court dates are pushed back,
and Judge Kopp had to be brought hundreds of miles from San
Mateo, because no judge in the county wanted to touch the
case.
All spring, Earth First! set up direct action camps to fight
the logging of the "Hole" -- blocking the logging
road and chaining themselves to pickups owned by Columbia,
which owns the squadrons of Chinook helicopters that would
haul away the firs and redwoods.
Kopp's ruling halted the logging for now. No logging date
is set -- but no court date is set, either. The "Hole"
will never be safe unless the area is bought.
Purchase is a possibility, but it will be hard. This is not
about big trees and it isn't a grove, and the urgency just
isn't there.
In 1985, the Headwaters Forest spread over 60,000 acres. Only
one eighth of that -- 7,500 acres -- was salvaged in the deal.
As corporate logging outfits continue their "cut and
run" tactics in and near the Headwaters, it becomes clear
that the "deal," with its promise of protection
for ancient trees, was a travesty.
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