The Bay Area Forest Activist Newsletter, Winter 2003

Publications / The Bay Area Forest Activist Newsletter / Winter 2003 /


Civil, Criminal, Defensive, Offensive
Activists in the Courts Legal Update

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March 1, 2003


Feb. 3: Criminal charges against tree-sitters Abstract Jane Marsh and Jaime LeRoy Harris were heard in Humboldt County Superior Court with celebrated attorney Tony Serra defending them (see Tree Sit story for details.) Most charges were dropped.

Of the 52 people arrested in civil disobedience actions since July 2002 in the Mattole, Grizzly Creek and Freshwater, 8 activists have upcoming court dates over the next couple months. Our updates will contain news.

March. 24: SYP case will be heard in court in Eureka (see article)

May 12: Re-trial of pepper spray case in Humboldt County (see article)

SLAPP suits: Pacific Lumber is pursuing its fourth Strategic Lawsuit Against Public Participation (SLAPP) against activists in the last few years. Maxxam/PL has used this tactic in the past, as have other corporate interests seeking to quell protests by intimidation and scare tactics. The first SLAPP was filed against over 70 activists defending the Mattole from PL clearcuts. A recent offer to settle this case was released by PL’s attorney; the forest defenders are presently reviewing that settlement offer.

Maxxam/PL SLAPP #2 was filed in fall 2001 against activists protesting logging of the “Hole in the Headwaters.” It was dismissed for lack of evidence.

SLAPP #3 was filed against activists engaged in a lock-down at the corporate offices in Scotia in the summer of 2002. Scheduled for trial in April of 2003.

In keeping with PL’s traditional m.o., the status hearing on SLAPP#4 took place in closed session on Jan. 24, 2003 and was essentially a one-sided discussion between the judge and PL’s attorney. The forest defenders were informed at that hearing that PL had been granted a preliminary injunction against them. The next hearing is March 24 in Eureka.

These lawsuits have not had the effect of deterring protests, as activist resistance continues. They do, however, increase the financial hardship on forest defenders.




Other Articles in This Issue

• What Will it Take? Forest Defense Goes to New Heights and Depths
  Dragon fly, wren, fireweed, lupine, sequoia, butterfly... Are these names of forest-dependant species? Yes, in a ...
  
  
• Campaign For Old Growth
  As a result of Susan Moloney’s heroic 52-day hunger strike to pressure Gov. Gray Davis to make good on his 1998 campaign...
  
  
• Pepper Spray Case Coming Back to Trial
  Attorneys who represented Judi Bari in her successful lawsuit against the FBI for violating her civil rights joined the ...
  
  
• Redway Redwood Grove saved from Pacific Lumber's Saws
  After seven years of negotiations, litigation, community organizing and lobbying, the California Department of Parks and...
  
  
• Challenge to PL’s Sustained Yield Plan Coming to Trial
  After almost four years of delays and legal maneuvers, Pacific Lumber and the state agencies that approved PL's logging ...
  
  
• Public Lands: Wildfires and Smokescreens
  In response to last summer's catastrophic forest fires throughout the West, the Bush administration is pushing a so-call...
  
  
• Freshwater Watershed Under Siege from PL’s Logging
  State and federal officials hailed the 1999 Headwaters Deal for preserving 7,400 acres of redwood forest and imposing on...
  
  
• "Teflon CEO" Hurwitz Evades Federal Regulators Over Collapse Of Maxxam S&L
  Charles Hurwitz, the notorious chairman and CEO of Maxxam Corp., proved to be a Teflon corporate raider by evading feder...
  
  
• Watershed Update from the Mattole Restoration Council
  Greetings from the Mattole! The Mattole River watershed, located in southern Humboldt County, empties into the Pacific s...
  
  
• Once Again, the Fox Guards the Chicken Coop
  The North Coast Regional Water Quality Control Board is the state agency responsible for protecting North Coast rivers, ...
  
  
• Controversial Logging of State Forest Approved!
  Despite the public outcry, on January 8, 2003, the State Board of Forestry cleared the way for logging of 1,000 acres of...