Friends of Gualala River say they’ll sue to block approved ‘Little’ timber harvest plan

By J. Stephen McLaughlin
November 19, 2021
© Copyright 2021 Independent Coast Observer
Reprinted with permission
www.mendonoma.com

The local environmental advocacy group Friends of Gualala River on Monday notified federal and state agencies, in addition to Gualala Redwood Timber, LLC, that it intends to sue in U.S. District Court to block the so-called “Little” Timber Harvest Plan, alleging violations of sections of the Endangered Species Act and Title 16 of the U.S. Code.

The looming lawsuit maintains the GRT logging project above and within the alluvial plain of the Gualala River would result in “unlawful take of Northern California steelhead, Central California Coast coho salmon, California red-legged frog, marbled murrelet, and northern spotted owl,” all of which are listed as threatened or endangered under the Endangered Species Act.

According to the NOAA Fisheries, “take,” as defined under the ESA means “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.” The term “incidental take” is an unintentional, but not unexpected, taking.

In its notice, FoGR cites numerous studies to back its assertions of “unlawful take” of the various endangered species resulting from use of heavy equipment in floodplain areas and other direct logging operations, damage to understory and impairment of waterways, and disruption of migration and prey availability.

The California Department of Forestry and Fire Protection approved the Little THP on Sept. 23.

In addition to GRT, FoGR said it intends to file the citizen suit against CalFire, because, “By authorizing the Logging Project, CalFire is also liable for the unlawful take.” FoGR said it “will seek declaratory and injunctive relief, as well as fees and costs.” The notice states, “FoGR remains willing to discuss settlement terms and effective remedies for the violations in this letter during the 60-day notice period,” and invites parties to contact FoGR president Charles Ivor about “discussions in the absence of litigation.”

In August, federal Judge James Donato denied FoGR’s motion for an injunction against logging the “Dogwood” THP, also in the flood· plain of the Gualala River, because that THP had already been litigated in state court. FoGR had sued in state court over California Environmental Quality Act failures in the Dogwood THP, not the federal Endangered Species Act. GRT felled the trees in the Dogwood plan within a few weeks of the denial.