Headwaters Deal Remains Under Fire

A visiting Superior Court judge has ruled that two California state agencies abused their discretion in submitting findings about the environmental impact of the 1999 Headwaters Forest deal involving Pacific Lumber Co. The tentative ruling last month by

Palco Wants Writer's Notes

Pacific Lumber Co., Scotia, Ca., wants a reporter's notes and unpublished photos taken during coverage of tree sitters on company land.

The firm issued a subpoena deposition to The North Coast Journal asking for notes and other materials obtained by reporter Andrew Edwards. The Journal's publisher, Judy Hodgson, refused the company's request.

According to the California Newspaper Publishers Association, a reporter's unpublished notes and other material are protected under the California Shield Law.

The action stems from the March 6 edition of the weekly, in which Edwards described his visit with

Judge John Golden could block Pacific Lumber's logging plan for the company's 2l1,000 acres of redwoods along California's north coast.

The ruling stated that Palco's logging plans should be nullified because a "sustained yield plan" provided by tree-sitters in Freshwater.. Ca.. a week prior to Palco's forced removal of tree sitters. the California Department of Forestry was not written clearly enough for critical public review nor submitted in a legal manner.

Hodgson stated that leading up to the article, Palco had refused all requests for interviews with the Journal. "To me it was more compelling to be able to tell the story of what it's like up there and also the dangers everyone faces by sending up a reporter," Hodgson said.

Hodgson acknowledged that a freelance reporter had in the past trespassed on Palco land to research for a story.

"Of course it's trespassing. And I'm concerned," Hodgson said, "but we're here trying to coyer a story that was getting increasingly contentious."

The judge also ruled that the state Department of Fish and Game did not accurately measure the plan's impact on endangered species when issuing permits.

Judge Golden stated that former state forestry director Richard Wilson did not adhere to state rules when he approved the forest plan.

"(Pacific Lumber's) ability to proceed with logging under state law is in question," said Sharon Duggan, an environmental attorney involved in the suit. She claimed that Pacific Lumber has been logging for four years without the mandatory long-term plan.

Pacific Lumber president Robert Manne said the company was evaluating the ruling.

"It is impossible to speculate on the effects of this decision; however, they could clearly have a significant impact," Manne said. "We will continue to implement the stringent environmental protections required under (the plan) and continue to harvest on a sustainable basis while these matters are resolved in the courts."

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