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Maxxam / Pacific Lumber Fraud

Humboldt county log workers and citizens unite to defend themselves against outright Fraud by Maxxam's Subsidiary, Pacific Lumber

Source: Alliance for Ethical Business, 2003-04-12

Candidate: Big Business

Background: The 1999 Headwaters Deal
From Alliance for Ethical Business

This recent chapter in the Headwaters drama began on March 1, 1999 when as part of $480 million purchase of Headwaters, state and federal agencies agreed to a "Sustained Yield Plan" to expedite regulations of PL’s logging. Those agencies included the California Department of Fish and Game, the California Department of Forestry, the National Marine Fisheries Service, the Federal EPA, and the California EPA.

Yet the California Water Quality Board, which enforces water law, wasn’t a part of that deal. So Maxxam/PL has had to find other ways to control the Board. As a stick, Maxxam/PL constantly threatens to sue agencies for not enforcing the 1999 deal — and they in turn fight with the Water Board. As a carrot, Maxxam/PL makes huge political contributions to Governor Davis, who appoints members to the water board.

On February 27, 1999, the day before the Headwaters deal was signed, the California Department of Forestry – which is normally very compliant with PL demands – balked at PL’s insistence that it be able to cut 176 million board feet a year as part of the agreement. CDF wanted 140 million board feet a year as the limit.

CDF finally relented and the agencies together wrote PL a letter on March 1, 1999 saying that if the watershed analyses say it’s okay, PL could log 176 million board feet. Watershed analysis looks at what it will take in terms of logging and mitigation to protect the wildlife and water quality. In the meantime, there were "interim prescriptions" PL had to follow.

Time and time again, the agencies have granted PL exemptions from those interim prescriptions so that it can log on unstable hillsides causing landslides, "sediment discharge" (water pollution), and flooding downstream.

A shocker came in 2000 when PL admitted that it had submitted false information on the amount of old-growth trees it had left. In 1999 the agencies were led to believe that PL had a lot more old-growth than it actually had. This is significant because far fewer land mass is logged with the much bigger old-growth trees. By apparently falsifying how much old-growth it had, PL got the agencies to allow – in the interim prescriptions – more logging than the watersheds could handle.

The strategy behind the Headwaters deal of 1999 was to buy outright the old growth protected in the 7,500 Headwaters Forest and to protect for 50 years other old-growth on PL property. This strategy, the agencies said at the time, would allow "new" old-growth habitat to be formed. This process was called "phasing."

The agencies are now back-tracking on this strategy. After admitting it had less old-growth than it had said a year earlier, PL asked permission to cut the rest of its old-growth right away. In other words, forget about the "phasing" strategy.

In now typical fashion, the California Department of Fish and Game approved the request, telling the Humboldt Watershed Council, "PL’s going to cut it eventually anyway."

Of course, when and how fast PL logs is the central issue. It’s not something that can be shrugged away by intimidated agency staff. The best available science, according to the recent Panel, can determine with a high degree of accuracy, how much can be logged on a given hillside before it slides into the river, kills fish, causes flooding and is destroyed forever.

PL has succeeded in undermining the two protections the California legislature inserted into the Headwaters deal before approving it: 1) restricting logging in "buffer zones" on the sides of streams; and 2) restricting logging on steep, unstable hillsides with a history of landslides.
The list of logging abuses approved by the state and federal agencies goes on and one:
PL told the agencies that it wanted to log in "dormant landslide" zones, and the agencies approved it.
PL asked for and received a permit to kill threatened and endangered birds and fish in Humboldt State Park.
PL asked for and received a permit reduce the buffer zones alongside the streams by half.

The result has been incredible devastation that are understood instantly with the naked eye. (see http://www.salmon-forever.org for digital photos).

Flooding from PL’s logging has caused six ancient redwoods in Humboldt State Park to fall. The earth underneath the ancient trees was eroded away and the trees are now at unstable and are falling to the ground in "Quigly Grove" (see web site for photos). Residents say ancient redwoods in Jordan Creek are being buried by sediment and could die because of Pacific Lumber logging. Hundreds, perhaps thousands, of American, Asian, Arabic and European tourists visit the ancient redwoods of Humboldt State Park every year.

Humboldt County is currently seeking over $5 million from Pacific Lumber to repair damages caused by flooding — including $1.5 million to fix sedimentation of the Bay. These damages to roads, bridges, and property were caused by increased groundwater, floodwaters, sediment, and debris.

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User Originated Comments:


From: albert g.
2004-03-03 18:35:41
dear posters,

the fight is on---president
bush is going on air with his hundreds of milions.
i've just joined moveon pacs campaign to fight
back-- in a m-ssive gr-ssroots-driven effort to
take back our country in november. i'm hoping you
will too-- sign up at "moveon.org".

we
cannot match his millions, but he cannot match our
people-power. join and spread the word.



From: Save the Redwoods
2004-02-29 02:32:14
this is coming to a head this march 2, 2004, as
the recall of the da will come to a vote. the da
filed a fraud lawsuit against pl/maxxam and within
weeks the recall effort started. i guess it is
easier to recall the da than face the court.



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