Court fells state, lumber company

FRESNO
April 17, 2006 7:09am

The state Department of Forestry erred in approving a logging plan for Sierra Pacific Industries Inc. that involved timber in the Central Sierra, the Fifth District Court of Appeal has ruled.

The endangered northern spotted owl and the Pacific fisher nest in the areas involved, the court noted.

The Fresno-based court agreed with Ebbetts Pass Forest Watch, which brought the appeal, that the CDF failed to follow provisions of California’s own rules when reviewing the Tuolumne County areas chosen to be cut by Sierra Pacific.

In addition, “CDF’s finding that certain information about herbicide use was speculative, even if supported by substantial evidence, does not preclude an inquiry into whether CDF fulfilled its procedural obligation to obtain and disclose information regarding potential herbicide use,” the appeals court ruling says.

It also criticized the state agency for disclosures that “were prejudicially inadequate. They inaccurately described the state’s pesticide regulatory program, which led to the overly broad conclusion that compliance with label directions and other restrictions in applying registered herbicides would preclude a finding that such application would have a significant adverse effect on the environment,” the ruling says.

SPI owns approximately 1.5 million acres of land in California, including more than 1.1 million acres of timberland in the Sierra Nevada.

This is the latest setback for the Redding-based company in trying to log in California.

In late March, the 9th U.S. Circuit Court of Appeals blocked its logging of fire-damaged trees. It said the logging could cause too much damage to the forest. The order remains in effect while legal challenges wind their way through the courts.

Sierra Pacific is a privately held company. Hoovers, an online financial information company, estimate its revenues at $1.4 billion for its most recent fiscal year.