Salzman ripples

Don't send fake letters to newspapers: it's California law

Here's a little bit of wackiness from the California Penal Code:
538a. Every person who signs any letter addressed to a newspaper with the name of a person other than himself and sends such letter to the newspaper, or causes it to be sent to such newspaper, with intent to lead the newspaper to believe that such letter was written by the person whose name is signed thereto, is guilty of a misdemeanor.
Obviously, we don't want impersonations of other people, but at the same time this might impact people who are playing harmless pranks using completely made-up names. Of course, in that case the defense might be that if there's someone by that same name it was just a coincidence.

In any case, my foray into the morass was occasioned by the story "Consultant used others' names in letter-writing blitz to local newspaper":
Activist and political consultant Richard Salzman liked to sound off about his causes in letters to the editors of Eureka-area newspapers. Other local residents, like R. Trent Williams, Dick Wyatt, and R. Johnson, often backed him up, praising Salzman's points and echoing his jabs at political foes.

Salzman made a name for himself last year by helping Humboldt County District Attorney Paul Gallegos defeat a recall attempt backed by the timber industry. Salzman also worked on other successful campaigns in the area.

But his star quickly dimmed when a newspaper revealed that all of those like-minded letters penned over several months actually came from Salzman himself. Now, he's under investigation by local authorities and could face criminal charges for violating a state law that makes it a misdemeanor to send phony letters to newspapers...
On a slightly related note, see "In letters to the editor, too many copycats?"

Salzman's Kerrigan letter(s) and the reaction

More of Salzman's Web of Lies, not part of the expose, but a significant example nonetheless...
~~~~~~~~~~~~~~~~~~~~~~~~~
Dear Friend,

I am writing because we need your help to protect Humboldt County's natural beauty and our way of life.

Renner Petroleum oil executive Rex Bohn is going to spend big bucks in an attempt to defeat Eureka Councilman Chris Kerrigan. Why? Because last March Kerrigan stood up to Calpine, which wanted to build a massive, job-killing liquid natural gas plant on Humboldt Bay.

Rex Bohn is trying to pass himself off as a regular working man. The reality is this: Rex Bohn is a reactionary oilman out for revenge. He is trying to convince voters that we should undermine environmental protections and seduce out-of-town corporations to move to Humboldt.

Make no mistake. Rex Bohn has an extreme agenda. No matter where you live, we have to stand up for Humboldt County by standing up for Councilman Kerrigan. Please take moment now to make a contribution by clicking the
link below:

paypal link


Here's a few facts on Rex Bohn:

-Rex Bohn is out for himself. Humboldt gasoline prices are some of the highest in the county. Yet Rex Bohn refuses to say what the role of his company, Renner Petroleum, is playing to keep gas prices so high. Rex Bohn lobbied for the Calpine liquid gas plant on Humboldt Bay but refuses to say what sort of deal his company, Renner Petroleum, cut with Calpine.

-Like PL, Rex is running a mean and sleazy campaign. This week his surrogates started going door-to-door to lie about Chris Kerrigan personal life - just like PL did to Paul Gallegos.

-Rex wants to create tax loopholes for big out of town corporations rather than helping existing Humboldt business to grow. Rex is part of the old boys'˙ network that wants to get rich quick by bringing in companies like Calpine and by allowing developers to convert farm and timberland into five acre monster home sites in a way that would destroy Humboldt's scenic beauty and way of life.

Rex Bohn must be stopped. We can stop him, but not without you. We need your help to get the word out through TV and newspaper ads. Please make a contribution:

paypal link

Few politicians in Humboldt County better represent the best of both old and new Humboldt County than Chris Kerrigan. Consider the following:

-Kerrigan has guts. Like Paul Gallegos, who stood up to Pacific Lumber, Chris Kerrigan stood up to Calpine and its allies, PL and Rex Bohn.

-A Humboldt native, Chris Kerrigan is a honest and intelligent young man - „ and a hard worker. He is working his way through school at the College of the Redwoods.

-As chairman of the Redwood Economic Commission Kerrigan was instrumental in creating over 700 good local jobs and directing $6 million of investments to local businesses. Kerrigan has created a smart plan for a kind of economic development that creates good local jobs while protecting Humboldtâ•˙s scenic beauty and quality of life.

On March 2 the citizens of Humboldt County said no to PL's attack on District Attorney Paul Gallegos, 62% to 38%. Just a few weeks later we said no to Calpine's attempt to install a liquid natural gas plant on Humboldt Bay â•„ a project that would have killed fishing, crabbing and tourism jobs.

Now it's time we started saying something yes to our vision for the future. Yes to protecting the majesty of Humboldt's natural
environment. Yes to smart growth that creates good jobs. Yes to making Eureka a model of development for the whole county.

And yes to Councilman Kerrigan.

We need your help to protect Humboldt County and our way of life. This is a key race for ALL of Humboldt County -„ not just residents of Eureka. People are volunteering for the campaign and making contributions because they know that this is a crucial moment.

Click here to make a contribution: www.chriskerrigan.org or mail your check to the address below.

For our families and for our future-

Richard Salzman
Friends of Chris Kerrigan
P.O. Box 6341
Eureka Ca 95502
707.407.7347
***

Then the apology - of sorts:
Date:
Fri, 8 Oct 2004 14:45:03 -0400 (EDT)

From:
"Friends of Chris Kerrigan"   Add to Address Book
To: ______________
Subject: Friends of Chris Kerrigan Message
Dear Friends,

Welcome to the all new, friendly, factual, fundraising, format.

Thanks to you all who have given so generously to support Chris Kerrigan's re-election to Eureka City Council. If you would like to contribute now online, please go the web site  http://www.ChrisKerrigan.org, and click on the donation button.

Even Tom Cookman, said it best on KINS community Comment, ”The Eureka City Council race between Chris Kerrigan and Rex Bohn is going to shape the course of local politics in Humboldt County for years to come. There is a lot more at stake than the council seat.”

I agree, there is a lot at stake. And I admit, in my passionate support of Chris Kerrigan, I may have erred in judgment and perhaps the use of hyperbole in my private email, intended to bring the issues to your attention. I stand by the essence of my previous observations. I do, however, regret the fact, that in attacking me over the pilfered fund raising letter in the press, the Rex Bohn camp has been somewhat successful in keeping the important issues out of the public eye. I ask each and everyone one of you to focus on these issues, because this election will deeply impact the heart of the place we call home.

Chris has worked four hard years to put Eureka on the forward  path. It is our job to keep him on the council. He must continue his work for the future of this community. Make no mistake, Rex’s supporters wish to return to the thrilling days of yesteryear. They won't take “NO” for an answer! If you doubt it, read the guest editorial in the Eureka Reporter. An out of town energy industry player tries to reintroduce LNG into our town.

Since we're sticking to the facts about Rex, He did personally, send that letter of support to the voters, endorsing Calpine’s LNG processing

I pulled a few quotes from the Lumberjack to illustrate my points, but please, don't take my word for it, go to the Lumberjack online and read Rex's! It's worth the effort http://thejack.humboldt.edu/modules.phpop=modload&name=PagEd&file=index&page_id=522

"...The city should be open to any and all prospective businesses. You need to embrace everything that comes to town,”

“Taking inventory of land does not mean that more surveys and tests should be conducted, as he sees both as a waste of time and money.”

“Studies drive me nuts,” Bohn said. “Just build it and show me if it works.”

“I could be a liaison for outside business,” Bohn said.

According to the Jack, “Bohn had been thinking about running for the council position in the past and felt that now was the right time because incumbent Chris Kerrigan had not made any contribution to the community that Bohn could see.”


Rex and his friends have ponied up over $70K for Rex to get out their message.

We have a great TV spot ready for air. It is positive, and on target, speaking to the Kerrigan record in creating good local jobs. There is no mention of Rex and the gang. Chris gets to put his vision of Eureka's future to the people. We need your help to buy air time for this vital message. Please give what you can.

Donate now on line at http://www.chriskerrigan.org or send a check to Friends of Chris Kerrigan po box 6341 Eureka Ca 95570.

Tell everyone you know to support Chris...then tell everyone you don't know.

Yours for a brighter future,

Richard
--
To unsubscribe from: Friends of Chris Kerrigan, just follow this link:
http://www.ourhumboldt.org/cgi-bin/dada/mail.cgi?f=u&l=Kerrigan&e=______________.com&p=17619___
Click this link, or copy and paste the address into your browser.

***

The aftermath:

Times-Standard Editorial:
Article Last Updated: Wednesday, September 22, 2004 - 6:11:52 AM PST

A vote against the politics of personal attack

Sometimes, in covering or observing a local community, you have to step back from what's happening and just take a deep breath.

The 4th Ward Eureka City Council race is one of those times.

Rex Bohn, community volunteer and a Renner Petroleum manager, is challenging incumbent Chris Kerrigan, who is experienced and personable, for the seat. They should debate the issues, campaign for what they believe in, and let the best man win.

But a recent e-mail, on behalf of the Kerrigan campaign, has left many shaking their heads in our community.

Last week, Richard Salzman, a Trinidad resident representing himself as part of Friends of Chris Kerrigan, sent an e-mail to hundreds of people asking for financial and other support for the Kerrigan campaign.


There's nothing wrong with that. As campaign manager for District Attorney Paul Gallegos during the recent DA recall election, Salzman -- who also opposed the recent proposed Calpine project -- proved himself to be articulate, tenacious and effective in political matters.

But the e-mail went a step beyond what we usually find in Eureka council contests, and indeed seemed more in line with the overtly and overly emotional appeals seen in the DA recall and Calpine battles.

Consider these examples, and we quote:

"Rex Bohn is a reactionary oilman out for revenge."

"Like PL, Rex is running a mean and sleazy campaign."

"Rex Bohn is out for himself."

Rubbish.

We've seen no evidence of revenge, meanness or self-centeredness about Bohn. The only real sleaze we've seen so far is the aforementioned e-mail sent out on behalf of Kerrigan -- which he has said he knew nothing about ahead of time, and which certainly seems out of character for the councilman.

But this editorial is not about supporting Rex Bohn or Chris Kerrigan, or even about Richard Salzman, who appears to have gotten a little carried away in his campaign enthusiasm.

It's about how we choose our elected leaders, and if we're willing to support the politics of personal attack as the nasty new standard in local elections.

We don't believe Eurekans want that kind of politicking in their town, whether they support Bohn or Kerrigan.

After all, it's a council race, not the final battle for Middle Earth.

The DA recall was, we hoped, an anomaly. But whether a one-time phenomenon or not, the conquer-or-die, win-at-all-costs hysteria seen in the recall -- and in the national presidential campaign -- can only serve to hurt us in the long run.

If we devote most of our energies to fighting among ourselves on the North Coast, to squabbling, insulting and tearing each other down, there won't be the energy, the vision, the strength found in unity and reasoned compromise, to lift this region into a better future.

As Salzman said, correctly, in kicking off his e-mail:

"I am writing because we need your help to protect Humboldt County's natural beauty and our way of life."

Who would disagree?

We need everybody's help, to overcome the real challenges facing us over transportation, employment, intelligent development and other issues.

But we won't get there by bashing the other guy over the head.

Let's hope for a reasoned, productive and civil debate over the 4th Ward seat and all the other campaigns facing us this political season.

That's what many of us say we want. Now's the time to prove it.
***

Eureka Reporter Editorial
9/22/04
Kerrigan Should Dump Salzman, Apologize To Bohn

The e-mail recently sent out by Chris Kerrigan campaign adviser Richard Salzman is despicable.

At the least, Kerrigan should have disavowed the outrageous e-mail and dumped Salzman as a campaign adviser for writing such scurrilous allegations.

What is really needed is for Kerrigan and Salzman to apologize to Rex Bohn, who is challenging Kerrigan for the Fourth Ward City Council post.

We urge Eureka residents to read in this issue the appalling e-mail sent by Salzman. He makes scandalous accusations. If the City Council election weren’t so serious to the future of this city, Salzman’s contemptible claims would be hilarious.

For example, Salzman says a vote against Bohn is a vote against Pacific Lumber. How did PL get brought into a Eureka City Council election? What childishness.

Salzman disgracefully says that Bohn is running a mean and sleazy campaign, but we have not found that to be true. Salzman should look in the mirror.

Salzman shamefully claims that Bohn is out for himself. He says this about a man who has dedicated his life to serving the community. Bohn’s charitable works are many. He is a community-spirited man who has helped many organizations over the years. One of his biggest accomplishments was helping to spearhead the drive to establish Redwood Fields in Cutten. That’s hardly out for himself.

Kerrigan has four years with which to run his campaign on. He should stick to that and avoid campaign advisers like Salzman, because it is not worthy of a councilman to have an adviser wage such a sleazy, mudslinging effort at Bohn.

We, as a community, cannot tolerate a campaign based upon smear, vitriol and name-calling.

***

But the damage was done.

NCJ - What is a General Plan? Sept. 9, 2004

Planning Commission to choose growth model
County appears to shy away from sprawl
Planning Commission to choose growth model
County appears to shy away from sprawl

AFTER SEVERAL YEARS OF PREPARATION and months of lobbying from environmental and building interests, the Humboldt County Board of Supervisors is preparing to decide the shape of future development in unincorporated areas.

And despite heavy pressure from Humboldt Economic and Land Plan (HELP), a group made up of members of the building community, it appears that the county is moving away from the idea of significantly expanding residential construction into farmland or forests.

The board's upcoming choice among the county planning staff's "sketch plans" -- broad-stroke visions of the county's growth patterns over the coming 20 years -- will be a critical step in the county's general plan update. The choice will determine whether the county will focus on modest growth, largely confined to existing communities, or vast and rapid housing expansion designed for some 60,000 new residents.

At a meeting of the planning commission last Thursday, the county's Community Development Services director unveiled three new sketch plan options, all of which shied away from suburbanization of resource lands to one extent or another. Director Kirk Girard said that the public overwhelmingly endorses the idea that future growth should be accomplished through "infill" -- or denser development within already existing communities -- wherever possible.

"One of the major take-homes from this stage is that the alternatives that were on the table, which allowed for extension of water lines and rural residential subdivisions, were not supported by anybody," Girard said. "That finding was, in part, what led staff to overhaul the sketch plan alternatives."

The three new sketch plans, now called "A," "B," and "C" to distinguish them from their four numerical predecessors, all curtail the amount of development that can be done in rural regions. Plan A would essentially ban all residential building in areas not served by municipal water and sewer lines. It would likely involve "down-zoning" many properties in the outskirts of existing town, restricting existing landowners' rights to subdivide their parcels, while it would increase the allowable density of residences in already existing urban areas.

Sketch plan C meets one of HELP's goals in that it provides enough land to accommodate a growth rate of 2 percent per year -- 18,000 new homes over the next 20 years -- but it would tightly pack that large number of residences into a dense area in and around already existing communities. In short, it wouldn't seem to provide HELP advocates with anything close to the amount of raw land they have been demanding. (Plan B is a mid-point between the two extremes, but like plan A it is based on the state's official estimate of a 0.6 percent per year growth rate in Humboldt County.)

No members of HELP were available to comment on the new sketch plans when they were unveiled. The group's spokesperson, insurance agent Mike Harvey, was attending the Republican National Convention at the time. On Monday, Harvey said that the group would be meeting to discuss the new options over the coming days.

"We're in the process of regrouping a little bit with these things," he said, noting his preliminary approval of the fact that the county took HELP's preferred growth rate into consideration when developing the new sketch plan C. "We asked for a new sketch plan, which I guess they've kind of done."

In recent months, HELP has given public presentations, printed up full-color brochures and launched a Web site to present its message -- that the county needs to foster a friendlier business environment, and that the quickly rising cost of homes in the county can be tempered by opening up additional opportunities for residential development. In addition, the group commissioned a Portland, Ore., firm to conduct a poll of residents' attitudes toward development. The group says that the poll results back up their message.

Despite their apparent success in advocating infill, the Healthy Humboldt Coalition -- an organization comprised of the Humboldt Watershed Council, the local chapter of the Sierra Club and the Northcoast Environmental Center, along with support from allied groups such as the Alliance for Ethical Business -- is carefully watching the remainder of the process.

At last week's meeting of the Planning Commission, Mark Lovelace of the Humboldt Watershed Council expressed concern that the county would consider any expansion outside the boundaries of towns, which Healthy Humboldt believes is the most expensive, as well as the most environmentally unfriendly, option.

"We need to look at the fact that we can accommodate lots more within our existing areas," Lovelace told the commission. "Let's keep looking within our communities."

Healthy Humboldt's apparent success may be in part due to the fact that some groups not traditionally allied with the environmental movement -- the Humboldt County Farm Bureau, for example -- have also championed infill over expansion.

John LeBoyteaux, Farm Bureau vice president, told commissioners that agricultural interests believed in protecting agricultural lands from suburban-style development. He said new growth should be focused in areas that have municipal water and sewage systems available.

"The Farm Bureau has long advocated providing growth focused within and adjacent to existing serviced areas," he said.

Much work will still need to be done to flesh out the complete general plan after the supervisors pick a sketch plan alternative. It will likely take more than a year for county staff to finish the complete plan, develop a zoning ordinance to codify regulations envisioned by the plan and write and circulate and environmental impact report, which is required by law.

The Planning Commission is expected to pick its favorite among the new sketch plans at its regular meeting tonight (Sept. 9). The commission also is likely to make recommendations to the Board of Supervisors on additional "policy options" in the new general plan -- new regulations developed in tandem with the new general plan and designed to promote affordable housing, protect agricultural and timber land, support the Port of Humboldt Bay and address the export of county water, among other things.

The Board of Supervisors is scheduled to hear the Planning Commission's recommendations and take further public comment at a special session Monday night. It may decide on the plan that evening or at a later meeting.

But both HELP and Healthy Humboldt are promising to stick around and follow the general planning process meticulously, even after the winning sketch plan is chosen.

Their mutually antagonistic advocacy may make mincemeat of Planning Commissioner Bruce Emad's hopeful words at the conclusion of last week's meeting.

"What we will come up with, at best, will disturb and make everyone unhappy -- within reason," Emad said. "Everyone will walk away and say `This is not what I want, this is not exactly what I had in mind.' But they won't be disturbed enough to come in here with pitchforks and throw tomatoes at the board."

Upcoming general plan hearings
PLANNING COMMISSION MEETING
Thursday, Sept. 9, 2004, 6 p.m.
BOARD OF SUPERVISORS MEETING
Monday, Sept. 13, 2004, 6 p.m.
Both meetings will take place in the Supervisors' Chambers of the Humboldt County Courthouse, 825 5th St., Eureka.

What is a general plan?

One of the most important powers of cities and counties in California is broad control over land use within their jurisdictions. A general plan, often called a "constitution for development," is a state-mandated document, rewritten approximately every 20 years, in which local governments lay out their visions for their communities' future.

Humboldt County's general plan, which was last updated in 1984, covers all the land under county jurisdiction -- in other words, outside the limits of the county's seven incorporated cities, each of which has its own general plan. A little over half the county's population lives outside the cities, including residents of McKinleyville, Cutten, Willow Creek, Westhaven, Orick and Garberville/Redway.

General plans must address many issues in determining how to meet future needs of residents, including transportation, public safety, open space and even noise levels. Each of these topics, along with others that governments may wish to address, is covered by a separate chapter (or "element") in the plan.

The most important elements of a general plan, though -- the ones that set the pace for all other issues -- deal with land use and housing. The land use element of Humboldt County's plan defines what sorts of activities will be permitted on each parcel of land in the county's jurisdiction. Any piece of land may be designated for housing, industry, timber production or agriculture, for example, and owners of that parcel are subject to restrictions on what sort of development they may undertake on their properties. The land use element of the general plan is implemented through the county's zoning ordinance, which spells out those restrictions in detail.

The housing element of the general plan is subject to greater oversight by the state government than other elements of the plan and must be rewritten at least every five years. Local jurisdictions must demonstrate to the state government that they are adequately prepared for population growth.

If this test is not met, the state may reject a jurisdiction's housing element and send it back to the drawing board. The land use element of the general plan must set aside enough land for construction to meet the needs projected in the housing element. Humboldt County's last housing element update was passed in December of last year.

by HANK SIMS
© Copyright 2004, North Coast Journal, Inc.

AEB listserve - RE: Press Democrat on Gallegos Recall

http://lists.topica.com/lists/aeb_humboldt/read/message.html?mid=1713068773

RE: Press Democrat on Gallegos Recall
Michael Twombly

May 20, 2003 12:06 PDT 

From Michael Shellenberger:

This article really pissed me off. I called Mike to ask him why he didn’t refer to yesterday’s ruling which changes everything! I haven’t heard back from him yet. If doesn’t write about the ruling for tomorrow I’d like to ask people to swamp the PD with letters to the editor.

Michael Twombly wrote:

May 20, 2003
By MIKE GENIELLA
THE PRESS DEMOCRAT

EUREKA -- Only five months in office, Humboldt County District Attorney Paul Gallegos finds himself at the center of the biggest political storm to lash the county since the tumultuous days of the 1990 "Redwood ummer" of anti-logging protests.

His critics include local business, civic and timber industry leaders, and on Monday, a 40-member committee followed up on recall threats by formally launching a petition drive.

The campaign needs 11,000 signatures of registered county voters by October to force an election, perhaps as early as November.

The recall campaign blames Gallegos for a multitude of wrongs: the filing of a civil fraud case against Pacific Lumber Co., the region's biggest private employer; his pro-medical marijuana stance; and his "too soft" handling of a criminal case involving two men charged in a Eureka drive-by shooting spree.

Pacific Lumber President Robert Manne has denounced Gallegos.

"Unfortunately, the district attorney demonstrates a signficiant misunderstanding of the facts surrounding the Headwaters agreeement and its approval and implemention," he said. "In fact, the D.A.'s most recent press release misstates the true contents of the frivolous complaint he has filed against our company."

Gallegos and his supporters blame "shady political operatives" for mounting the recall effort on behalf of the "rich and powerful."

Gallegos, a surfing Southern California attorney who moved to Eureka 10 years ago, staunchly defends filing the contentious civil case against Pacific Lumber. He accused the company of committing fraud by falsifying data during negotiations for public purchase of Headwaters Forest in 998.

"It's truly frightening to see a tiny group telling lies in a recall campaign to thwart our prosecution of Pacific Lumber," Gallegos said.

His supporters lauded a Humboldt County Superior Court decision issued Monday that concluded state approval of Pacific Lumber's long-term timber management plans was flawed -- a contention Gallegos made in his fraud case.

Gallegos' public declarations are combative, but away from the local TV cameras and news media microphones his demeanor is more subtle.

Soft-spoken and affable, the 40-year-old Gallegos admitted that despite his apparent bravado, he's an amateur when it comes to the rough-and-tumble politics typical of the North Coast, and especially in big timber country.

He has never held public office before, nor has he been involved in political campaigns or community activism at any level.

"I've never joined a local chamber of commerce or a Rotary Club, and until now, I've never been involved in environmental law or related issues," he said.

Gallegos and his supporters see that as a sign of virtue.

But the new district attorney's dearth of experience has some people predicting his new political career may be short-lived.

On April 25, the Eureka Times Standard newspaper editorialized that Gallegos could be recalled before his first term is over.

It noted Gallegos, during his short time in office, "has managed to monopolize the front page of this newspaper as no other politician in recent memory. He may have gotten more ink in a few weeks than his predecessor received in years of service to the people of Humboldt County."

Gallegos scoffed at such criticism.

He said the editorial reflects the shock Humboldt's political establishment is still feeling after his unexpected victory last year by a 52 precent to 48 percent margin over 20-year District Attorney Terry Farmer.

"After the election, the feeling was palpable. The establishment was badly shaken," Gallegos said.

He denied he ran for district attorney on an anti-Farmer, or for that matter, an "anti-establishment" platform, in an appeal for votes from the county's environmental community. He makes clear, however, that he considers himself an outsider looking in.

Gallegos said he suspected he might have a fight on his hands when he took office in January.

"I was cognizant that once knocked to its knees, the establishment would work hard to get back up and take some swings," he said.

For now, Gallegos is settled into his fourth-floor courthouse corner office, which offers sweeping views of Humboldt Bay, including the ocean surf that still beckons him despite a recent serious surfing injury.

Gallegos warmly welcomes visitors and happily shows them multiple photos of his wife, Joan, and their three young children -- two girls and a baby boy.

Gallegos grew up far from the California coast, on a small farm adjacent to the historic Bull Run Battle Field near Washington. His father worked at the Pentagon and his mother owned a private school offering Montessori teaching methods.

Gallegos, the third youngest of 11 children, described his family life as "blessed."

He recalls a happy childhood, including helping his older brothers during summers bale hay on the Civil War battlefield that adjoined the family farm. In high school, Gallegos was a wrestling star. Later, while attending the University of Southern California, he was a competitive swimmer and a fledgling surfer.

Gallegos and his wife met when they were both law students at the University of LaVerne in Los Angeles County.

They moved to Eureka 10 years ago and opened the Gallegos Gallegos law office in Old Town.

Gallegos decided to run for district attorney at the urging of his wife and a group of close friends.

"We knew we had to think out of the box, and we did," he said.

Since his election, Gallegos has found a new political mentor -- Mendocino County District Attorney Norman Vroman.

"Norm's been very helpful. He's been through some of this," Gallegos said.

Vroman, in fact, was the target of a recall effort soon after he took office five years ago, but it faltered and the he easily won re-election in 2002.

"I just tell Paul to keep his head down and keep moving straight ahead,"

Vroman said. "That's about all you can do. Things will take care of themselves."

Gallegos has circulated to local newspapers a letter of support from Vroman. The letter concludes, "It's important for the people of Humboldt

County to know that other district attorneys applaud your efforts."

Working at Gallegos' side is Tim Stoen, one of Vroman's former prosecutors and now Gallegos' chief deputy.

Stoen, with Gallegos' blessing, on Feb. 24 filed the controversial case against Pacific Lumber, a lawsuit pulled together in less than two months. Stoen accused Pacific Lumber of hatching a "bait-and-switch scheme" involving falsified environmental data.

Stoen said the alleged scheme allowed the company to obtain more favorable logging volumes from state and federal agencies as part of the $480 million public acquisition of Headwaters Forest in 1998.

Pacific Lumber and government agencies deny the allegations, arguing Gallegos and Stoen simply misunderstand the facts surrounding the Headwaters agreement.

A few weeks after the lawsuit was filed, Humboldt County supervisors delivered a stinging rebuke to Gallegos by voting 4-1 against providing his office with additional money to retain outside legal counsel to assist in the case.

Now, Pacific Lumber lawyers have moved to have a Humboldt County Superior Court dismiss the case and requested that sanctions be imposed on Gallegos for filing a "frivolous" lawsuit. A hearing is set Friday.

Despite pressure from unhappy timber industry representatives, Pacific Lumber workers and local vendors, Gallegos said he's determined to pursue the fraud case.

"My response is that if you're complying with the law, there's no reason to feel angry," he said.

As for Stoen's role in the case, Gallegos professed not to understand why that may have raised eyebrows in some Humboldt quarters.

Under Vroman, Stoen engaged in litigation targeting some timber harvest operators. He successfully won a $150,000 settlement in a case completed after he went to work for Gallegos.

In addition, Stoen nearly three decades ago was chief counsel to cult leader Jim Jones. Stoen eventually turned against Jones and led a well-publicized but unsuccessful effort to retrieve his 6-year-old son from Jonestown before the boy and more than 900 followers died in the jungles of Guyana.

"Tim Stoen is a fine attorney. I feel the criticism of him is unfair," Gallegos said.

Gallegos is unrepentant about his or Stoen's conduct since taking office.

"When I was sworn in last January, I promised to put the interests of the community over my own personal interests," he said. "I'm doing that.

I'm not embarrassed by anything I've done."

You can reach Staff Writer Mike Geniella at 462-6470 or mgeni-@pressdemocrat.com.

Apr 20, 2003 AEB chatter

http://lists.topica.com/lists/aeb_humboldt/read/message.html?mid=1712691704
Next Message 

Re: PALCO "Terrorist" Ads
even-@igc.org

Apr 20, 2003 12:58 PDT 

I still think they are
1. covering their rear from attack that it is their practices causing all these
young folks to protest
2. building a constituency that will clamor for the Sheriff to seek federal
anti-terror funding rather than deplete scarce HumCo budget for his department
3. paint the protestors into a terrorist corner so that when they continue to
degrade forests, they can cry "terrorist" about any resistance

I think reason 2 is the main motivator; there is a strong feeling in the current
sheriff's dept that policing PL is a waste of money (have reason to believe it
comes from the Sheriff himself, but no hard evidence). When PL kept cutting
after Judge GOlden's order to stop last summer, PL rubbed many people wrong.

Michael Shellenberger wrote:


PL may be preparing to accuse the DA of being soft on terrorism. This ads
may be their way of setting up the story -- which they would escalate later.
We should keep a close eye out for any stories or accusations in the media.
We must be ready to respond immediately.

Michael Twombly wrote,


Dear AEB Friends

Who has seen the new PALCO "Terrorist" ads on local TV?

What do you believe their intent and purpose to be?

What effect fo you think they will have?

Do you think these ads can be challenged as "political" to the extent
that the Fairness Doctrine could be successfully utilized, allowing AEB
or some group to run free ads in opposition?

Michael

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415-309-4200

***

Note - what is igc.org?

IGC Internet is a project of the Tides Center, a 501(c)3 tax-exempt organization.

IGC Internet -- The Progressive Community
Nonprofit, provides alternative sources of information, and comprehensive Internet services for progressive individuals and organizations.
www.igc.org/ - 5k - Cached - Similar pages

Privacy
While many Internet service providers allow government agencies full access to their customer records without a warrant, IGC will protect the privacy of its customers to the full extent of the law. The progressive community needs a safe haven from government and corporate intrusion and over-zealous business practices. IGC is that place.

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IGC no longer offers Internet dial-up or mailing list services. It has formed partnerships with EarthLink and Topica.com to fill the gap. IGC continues to offer web hosting services to nonprofit groups, individuals, and small companies.

In partnership with six international organizations, IGC co-founded the Association for Progressive Communications (APC) in 1990. APC is an international coalition of progressive computer networks and to date includes 25 wholly autonomous but affiliated members and 40 partners. APC provides effective and efficient communications and information-sharing tools to non-governmental organizations (NGOs) and citizen activists working for social change in more than 130 countries.

"Local Solutions" rears its ugly head again

This version of Salzman's Alliance for Ethical Business is once again positioning to affect local politics, with no accountability for their agenda. Once again they assume the respectability mantle and pretend to be just a member of the flock.

Virginia Graziani is one of Salzman's Orks - a vocal particiapnt in AEB, this bears further scrutiny. No word on whether the phony "Pacific Crest Research" is involved on this one.

FOR IMMEDIATE RELEASE: October 17, 2007
CONTACT: Virginia Graziani (923-1205)
Jim Lamport (923-4372)
Bill Thorington (496-4703)
or Dennis Huber (923-3292 / 498-4613)

SECOND DISTRICT GROUP POLLS NEIGHBORS

FORTUNA - An ad-hoc group of citizens from across the Second
Supervisorial District announced the results of a poll they conducted
over the last several months. The group formed out of concern that
issues of importance are not being adequately represented in County
government. "We question whether Supervisor Rodoni has really been
addressing the issues of the Second District in a way that reflects
majority opinion," said Virginia Graziani, a resident of Redway and one
of the group's spokespeople. "So we conducted a scientific survey to
learn what issues our neighbors think are important and what they think
our elected representatives should be doing."

The questions covered a wide range of topics of interest to the Second
District that included the General Plan, railroad issues, timber and
water questions as well as Fortuna's growth and development. "We were
surprised to see how much agreement there was amongst all the folks we
talked to," said Jim Lamport of Blocksburg. "That wasn't something we
expected."
Regarding the Humboldt County General Plan Update, the group found that
49% of Second District residents support Plan A, which provides for "the
least amount of commercial development in new areas." 35% of respondents
favored Plan B (the "middle-of the-road" approach). Plan C (the most
developer-friendly proposal) received only 12% support. In addition, a
whopping 71% of respondents feel that it is important that Fortuna
maintain its "small town feel."

"People frequently talk about how divided Humboldt County is and use the
Second District to illustrate the case. We found that folks in Fortuna
have a lot in common and share the same values as folks from Redway or
Garberville," said Bill Thorington of Fortuna. "Most of the people
consider themselves politically moderate - 39%. These truly are just
regular folks who represent the average voter in the Second District."

The group also found that 67% of voters think the Supervisors should
play an active role to stop the Eel River diversion to the Russian
River. Only 4% think the diversion should continue with no change.
70% of Second District voters believe that the Board of Supervisors
should "play a leadership role in developing sustainable energy policies
and practices," and 50% would support "Humboldt County Supervisors
spending public money to prepare for the possible impacts of global
climate change."

The question of rebuilding the railroad has made news recently, so the
group included questions about that as well. The results on this topic
showed no strong agreement, with 46% in support of rebuilding the
railroad to the Bay Area, 48% opposed and 5% with no opinion. However,
when asked if they would still support the railroad if it did not carry
passengers (freight only), 57% of respondents said they would not be
supportive.

The poll also asked about confidence in the timber industry's ability to
provide jobs, both now and in the past. Only 7% of the respondents feel
confident in the timber industry's ability to provide jobs today,
compared to 64% that felt confident just 20 years ago.

Voters are also concerned that large corporations have too much
influence in politics in Humboldt County. 44% of the respondents are
"very concerned," 25% are "somewhat concerned" and only 21% are "not
concerned at all."
The group worked with Local Solutions, a county-wide grassroots
political action committee. Local Solutions assisted the group by
facilitating the process and helping to write and administer the poll to
achieve a statically accurate sample. "We were pleased to lend a hand to
this effort," said Dennis Huber, a spokesperson for Local Solutions and
a Second District resident himself. "The group conducted this poll by
talking to a random sample of the registered voters in the Second
District. We used rigorous social research methodology and we have great
confidence in the results. I was especially impressed with the group's
energy and commitment. It isn't often that you see ordinary citizens
dedicate so much of their time to an all-volunteer effort to see what
their neighbors think."

"We're haven't decided what happens next," said Graziani. "We started
this process to get a discussion going amongst our neighbors. We want to
publicize the results to further the conversation. We hope our
representatives listen up. As far as we know, we're the only folks in
the Second District who are really asking how folks feel about the
issues. Our elected leaders owe us and our fellow voters the courtesy to
respond to our findings and show some leadership," she said.
To see the poll responses, along with the wording of questions the group
asked and the methodology for the process, go to
www.2ndDistrictPoll.blogspot.com.
###

Evaluating the D.A. recall

From the McKinleyville Press
Evaluating the D.A. recall
Activist, attorney, officials offer varying and surprising views
By Daniel Mintz
Press Staff Writer

"There will be political consequences - I know that."

Spoken by District Attorney Paul Gallegos just after he filed the fraud lawsuit that would jump-start a recall election, the quote could be generally applied to the whole of his first year in power.

Gallegos has commandeered the county's attention in a scant 14 months of helming the D.A.'s office and has been alternately described as a beacon of democracy and a misguided bumbler. Perhaps more than anything else in the county's recent history, Gallegos' emergence as D.A. and the drive to remove him has fired up political divisions that preceded him by many years.

The dynamics of bitterly combative elections aren't put in place in as short a time as Gallegos has been district attorney. Heavy campaigning now dominates public attention but there are important and talked-about aspects of the recall that aren't reflected in the steadily intensifying election gamesmanship.

And the recall's impacts may not be as obvious or as linear as the polarized campaigns make them seem.

The recall and environmental activism

The fraud lawsuit against Pacific Lumber Company (PL) is a looming presence, and though its focus has shifted from environmental damage to alleged financial gain, it has mobilized the county's environmental movement in support of Gallegos.

Having a PL nemesis as D.A. would have been an activist's fantasy not long ago, and Gallegos is drawing the impassioned support of many environmentalists - as he did in 2002, when he successfully ran for office against longtime former D.A. Terry Farmer.

But some have doubts. "The environmental community at large did not pick this fight," said veteran Earth First!er Darryl Cherney on the lawsuit and the ensuing power struggle. "There was nothing approaching consensus from any contingent of the environmental movement that this was a battle we wished to fight."

Cherney has watched the recall's procession of events with concern. A key organizer during the historic years that preceded the 1999 Headwaters Deal, Cherney believes that the movement's been drawn into a political brawl that threatens its progress regardless of outcome.

"The nanosecond this suit was announced, I knew the D.A. would face a recall and I think the D.A. knew it too," Cherney continued. "But what the D.A. didn't think through was the stress it would put on his supporters."

Resistance to the influence and logging practices of PL has been an effort - and for some, an obsession - that has been ongoing ever since the mid-1980s, when the Houston, Texas-based megacorporation Maxxam took the company over. But Cherney thinks the lawsuit and the recall mark a dangerous turn.

"Nobody can accuse me of being 'soft on Maxxam,' but in all the years I've taken them on and in all the incredibly adventurous battles we've waged against them, we took risks but we didn't gamble and I think that's the difference here - the risks we took were calculated and this gamble has not been calculated by the D.A."

Cherney wonders if Gallegos and Assistant D.A. Tim Stoen, who was hired by Gallegos and is the suit's lead prosecutor, have blown away an unusual opportunity for progressive gain.

"Neither he nor Stoen took into account that their supporters would have to mount months of stressful campaigning and raise tens of thousands of dollars to fight off Maxxam in what could be a losing battle," Cherney said.

Bad moves?

Cherney's educated guess is that the D.A. will indeed be recalled, and he said he "sees it all as being unnecessary." Gallegos made a drastic mistake almost as soon as he took office, Cherney continued.

He's been familiar with Stoen's work in Mendocino County since 1989, he said, adding that Gallegos' enlistment of Stoen as second in command began a series of blunders. Stoen's personally disastrous association with People's Temple demagogue Jim Jones is an obvious reason why hiring him was a bad move, Cherney continued, but there are other factors.

"It's not that Tim Stoen was fooled by Jim Jones - what disturbs me is that he hasn't seemed to have learned anything from his experience."

Cherney suggested that Stoen, who plunged into preparation of the lawsuit and focused on it almost exclusively during his first eight weeks on the job, again allowed himself to be duped.

"And if we lose the D.A.'s race, we will have experienced an environmental Jonestown here, in Humboldt County, led by Tim Stoen," Cherney said.

He was asked what will be lost if Gallegos is ousted. "Let me reverse that, because Gallegos has presented us with a lose/lose situation. Even if we win the recall, we will have still spent all of our environmental and political capital - and Gallegos will have to start campaigning for re-election in two years, and we will be fighting this battle all over again."

If the recall succeeds, Cherney added, "the loss is even deeper because we'll have been dragged into a battlefield for which we are unprepared, and potentially led to slaughter."

Cherney may not be be winning favor with his forthright commentary (he says his associates come down on him "like a ton of bricks" when he shares his thoughts) and he said his conclusions are painfully realized.

"But I think the liberal left environmental community of Humboldt County is in denial - we're blaming PL for this battle we're in, but a true warrior doesn't whine about the strength of his or her adversary, and we're getting a lot of that from Gallegos supporters."

The formation of the Alliance for Ethical Business (AEB, a non-profit group founded by Richard Salzman, Gallegos' campaign manager) was another error, Cherney continued.

The AEB sprang forth at the same time recall fervor appeared to, and its expressed purpose has been to support the lawsuit. Cherney attended an AEB benefit in Southern Humboldt and said that it misrepresented the group's intent - the event looked and sounded like one to support Paul Gallegos, he continued, and he isn't sure that people completely realized what they were aiding was a private organization.

A better move would have been to have formed a political campaign to encourage people not to sign recall petitions, said Cherney, who characterized the creation of the AEB as a "disastrous mistake in judgment."

The Gallegos campaign's incessant targeting of PL is another strategy that will backfire, Cherney believes. He thinks that the apparent victory of forcing the recall committee to mention PL in its ads due to the company's heavy funding will actually draw more votes for the recall.

Cherney questioned the value of highlighting PL funding instead of explaining why Gallegos has what it takes to be a good D.A. "For one thing, everybody knows PL has put money into this," he continued. "Two, nobody cares and three, all the people who do care have already made up their minds."

Gallegos had made some puzzling decisions, Cherney believes, and he cited the D.A.'s dramatic rollback of his medical marijuana limits as "a textbook case of political spinelessness" that has only served to disappoint an important element of his support base.

"The moral is that running somebody for office who has progressive politics is not enough," Cherney continued. He stressed that candidates have to be chosen carefully and be evaluated on a basis that includes consideration of administrative and leadership skills.

"I'll tell you this," he concluded. "It's so critical that we learn our lessons. People always say 'PL's a villain' and if we always blame Maxxam for every loss we suffer, we are never going to learn how to play this game better."
Takeover's lingering aftermath

As an attorney, Bill Bertain has been in the game for over 18 years. He launched legal actions to block Maxxam's takeover of PL and has helped gain settlements for residents of Stafford and other areas said to be impacted by PL's logging. And he portrays Maxxam as the recall's knob-twister.

Bertain views the recall as an extension of Maxxam's involvement in the county since the mid-'80s. "One can't understand what's going on now until one understands what happened then," he said. "What we have seen is an ongoing pattern of deceit."

The ultimate expression of that, in Bertain's view, is PL's heavy funding of the recall and the company's simultaneous assertion that the election is largely about safety issues. And to Bertain, the political actions of the company are directly linked to Maxxam CEO Charles Hurwitz.

"He is again attempting, with much more energy and viciousness, to influence many fine people into misplacing their loyalties," Bertain continued. "And he's using the recall as a means of doing it, through funding and by having his people direct it."

Bertain characterizes the Maxxam takeover as "an invasion of the county" that was achieved through fraud. It's a situation that's continuing and hitting a peak, Bertain added, with tragic effects.

"Hurwitz has distorted many aspects of life in Humboldt County - political, social and environmental - and it's a sad, sad story. He's caused a lot of dissension and divisiveness. And now that he has somebody going against him, he's playing off it again."

Asked if the recall also represents a cultural divide, Bertain said it may to some degree. "But then again, I'm Catholic, pro-life and a Republican - and my family has been here since 1882."

Bertain was born in the PL-owned lumber town of Scotia, and grew up there and in Rio Dell. His family operated the Bertain's Laundry and Dry Cleaning business in Scotia from 1920 to 1992 and "it breaks my heart to see what Hurwitz has done to the company."

The lawsuit and the recall can't be convincingly separated, Bertain continued. "The stakes must be pretty high for PL, considering the amount of money they've put in and that they're resorting to political tactics that have never been seen before in Humboldt County."

The recall has "saddened a number of people and confused a lot of people," said Bertain.

They may not understand the lawsuit's relevance, he continued, because PL has paid for an advertising blitz that may be succeeding in obscuring it. But he also believes that Gallegos is highly respected by many. "Some people who don't have the courage that Paul has might have shied away from such a battle because of the wealth of the defendant. But I admire him for taking up the challenge and I think a lot of other people do, too."

Is the election a "referendum on PL," as some have suggested? "I think PL pretty much made it that by funding the recall," Bertain responded.

And he looks at the recall as an important moment in county history.

"I think PL helped get the recall going and has obviously put money into it - and so brought it to this state of controversy and divisiveness. It's part of the ongoing saga brought to us by Hurwitz and I look at this in many ways as a defining issue for people here in Humboldt County."

The pro-recall campaign rhetoric is "playing off people's prejudices," Bertain continued, and pitting longtime residents against more recent ones, conservatives against hippies, and so forth. "Hurwitz is clever and he's hired clever people to take advantage of people's fears."

Cultural collisions

Elected officials have mostly avoided recall commentary, as the contest is too hotly waged to dive into. Second District Supervisor Roger Rodoni is running for re-election and when pressured to reveal his stance during debates, he's repeatedly said that he'll keep his views on the recall private.

Rodoni, however, does see more general aspects of the recall that are open to discussion.

He views the election as something more than a political pie fight between the timber industry and environmentalists. Rodoni described it as a "cultural clash" whose roots extend back to the late 1960s, when "societal and world views were changing, and there was exposure to a larger world by young people and a reluctance of the older generation to accept brand new philosophies and ideologies."

Rodoni first used the term "generation gap" but then conceded that there really is no accurate or pat label for the division the county's seeing. "What it gets down to is one side accusing the other of not thinking right - reason and logic take a back seat, and the truth loses."

Is the recall election a sign that the county is changing? "There are claims to that effect, but in my travels, I don't run into that much - I observe the opposite, that there is strong opposition to change."

Rodoni has been portrayed as the political linchpin of the southern region's old guard of ranchers, large and small timber operators and business interests. He does draw lots of support from those quarters, and reports that the recall's perceived impact goes beyond PL.

"By focusing on PL, what some of the opponents of the recall seem to miss is that there are other huge timber companies in the county who are watching this and are nervous," said Rodoni. "And they believe that they may be accused of something even if they're innocent. We've got that angle with the D.A. - in some people's minds, he's got a gunslinger attitude and it's not good for business."

Those considerations are relevant when considering that the county's traditional logging and agricultural economies are on the wane. And Rodoni thinks that accusing PL of "buying" signatures on recall petitions by funding the drive to collect them ignores the presence of genuine dissatisfaction with Gallegos.

Rodoni doubts that anti-PL recall rhetoric will affect the company's credibility. "People are, in a word, jaded," he continued. "People have had enough of it - right, wrong or indifferent, people are tired of it and this kind of stuff is just one of PL's business hazards."

Divisive times

Having been elected on a platform that heavily emphasized consensus-building, Fifth District Supervisor Jill Geist is witnessing the recall's frenzied political swordsmanship with disappointment.

She believes that the recall wouldn't be happening if not for PL's hefty funding, but she also thinks both sides have fueled the contest's antagonism. The formation of the AEB was a mistake, Geist said, because it opened the Gallegos campaign to criticism and further provoked PL.

She believes that Gallegos has tossed the concept of impartiality by railing against the company, and "I think some people see that as an abuse of power."

Geist also noted that Gallegos and Stoen have chosen to make the PL suit a public case, going as far as promoting it in meetings with chamber of commerce groups. "One wonders why they're not treating this like any other case," she said. "If they had stuck with an attitude that suggested 'the court will determine the outcome' and gone that track, I truly believe there would not have been a recall."

A concentration on PL and its role in the recall may be relevant, Geist added, but she also noted that aside from responses to "soft on crime" allegations, "there has been nothing new introduced as far as Paul's performance as D.A."

Nor does Geist think the lawsuit is the momentous lever for change that some seem to believe it to be. "I've heard people say that this case could change the way timber harvesting is done, and I disagree. The way to do that is by changing the Forest Practices Act and the way permitting and environmental reviews are done - and that's a fight that takes place in Sacramento."

Division is the recall's most easily observed effect, said Geist, and it isn't helping people understand what's going on. "We're not having two discussions that I think are important - one, what will it take to restore stability to the D.A.'s office; and two, that good government should be boring. If an official does the job well, there is minimal drama and what we're seeing now is lots of drama that's causing divisiveness in the community and we're seeing it come from both sides."

A dangerous year

Gallegos is now infamous for creating various and incessant stirs. His first year is a chronicle of headline-friendly controversies - and they began even before he took office. After the 2002 election win he told a reporter that he'd fire "14 or 15" attorneys if necessary, a comment that created panic in the D.A.'s office and established an immediate sense of mistrust.

Police groups have expressed dissatisfaction with him, and a schism developed between Gallegos and the Board of Supervisors after it rejected his proposal to contract a high-profile outside law firm to aid the PL lawsuit. Much of Gallegos' considerable community support viewed this as an example of established leadership retreating from its responsibilities.

Despite being heavily lobbied otherwise, Geist was one of four supervisors who voted against the contract proposal. She said the decision wasn't difficult to arrive at, as the proposal was in only in draft form. The lawsuit itself was only a sketch at that point - inflammatory references to gross environmental damage had to be removed and the suit was amended.

The original version of the suit alleged that PL's fraud allowed the company "to be able to cut down an estimated 100,000 trees on unstable slopes it could not have otherwise been allowed to do," thus facilitating extra profits. The logging in unstable areas has proceeded, the first version asserted, causing "major landslides and destruction to the streams, bridges, roads and homes of Humboldt County."

An amended suit was portrayed as an "expansion" of content, but it removed those shocking accusations and shifted the focus to whether environmental reviews were adequate. A press release from Gallegos had proclaimed that logging on unstable slopes was no longer an issue, though the alleged fraud is directed at a study assessing timber harvesting on unstable slopes.

But the lawsuit had already become a celebrated or reviled cause, and Geist is concerned that debating it - and having a slugfest with PL in a political arena - is exacting social damages. "I'm reluctant to weigh in with a public position (on the recall) because in this atmosphere, it doesn't contribute to anything - we have looming issues we need to be working on and we need cohesion," she said.

Financial resources are also important, Geist continued, and they're being fed into political furnaces. "A tremendous amount of money and energy has been given to the AEB and (Gallegos' campaign committee)," she said. "Tremendous amounts of financial capital have been poured in, perhaps $250,000 combined, and that's only what's being tracked - the AEB is not a political action committee, so we have no idea of the money it has raised. And I think a number of non-profits are seeing their grant money drying up and going away. I can't help but to think there could have been a more constructive use of money."

Government operations have also been impacted. "There's an overall feeling of great uncertainty and it feels like there's a siege mentality up on the fourth floor (of county headquarters, where the D.A.'s office is located)," said Geist. "The general public will probably never understand the tremendous amount of pressure Paul is under and it's not just him - it radiates through the entire department."

Political fallout

With the election a week away, people are considering post-recall scenarios with concern. Geist noted that the mechanics of many criminal cases have been thrust before the public for judgment, which is a bad precedent.

"Could you imagine being a defendant and wondering whether your case will be tried in public?" she asked. "You begin to wonder how politics might affect charging and sentencing, and that causes me to be very concerned."

Both Rodoni and Geist believe that Worth Dikeman's candidacy could have a pronounced effect on the election's outcome. Rodoni said that Dikeman has a campaign presence in his district that's twice that of his own and was asked if he thought Dikeman, a veteran prosecutor, has increased the recall's chances of success.

"Emphatically - yes," Rodoni responded.

Geist said Dikeman will appeal to people who are shell-shocked by political warfare. "For people who look at this as something other than a Pacific Lumber issue and have concerns about the office itself, (Dikeman) comes in with credibility and stability, and that will be appealing to people who are tired of the drama."

But Geist thinks the most significant changes after election day will be social, not political. "A lot of people will have been divided into camps, and will be physically and emotionally worn out - probably no one more so than Paul and his family."

There is also a category of people that hasn't been talked about much - those who aren't tuned in to the election's bombastic parrying and may not care much. "I am sometimes surprised to run into people who ask me what the recall's all about," Geist related. "There are some people who aren't even paying attention to this - and it's almost refreshing."

"Wellstone training"

Wonder how much he gets paid to solicit for these guys?

From: "Redwood Progressive" Add to Address Book Add Mobile Alert
Subject: Wellstone training in Sac. + link to My Word
__
Coming to Sacramento...

RED TO BLUE
POLITICAL SKILLS TRAINING
TOOLS AND TACTICS FOR SUCCESSFUL CAMPAIGNS
CITIZEN ACTIVISIM: GRASSROOTS ADVOCACY AND ORGANIZING

“Successful organizing is based on the recognition that people get
organized because they, too, have a vision.”

- Paul Wellstone

ACCLAIMED GRASSROOTS POLITICAL TRAINERS: WELLSTONE ACTION!

The premier citizen activist training team in the country will be
conducting a focused 2-day camp on rural county challenges.

JUNE 16 & JUNE 17, 2007

9am - 5pm

Limited Seating. Please pre-register.
SEIU Hall / 1911 F Street, Sacramento, CA
$25.00/person
Pay on line at www.TakeBackRedCalifornia.com

or send checks made payable to:
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1001 Elm Court, El Cerrito, CA 94530


Hosted by: Take Back Red California & The CDP Rural Caucus

SPONSORS
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DCC, 6th AD Democratic Club, TBRC, Senator Pat Wiggins
---------
My Word Links
editorial response by Richard Salzman to Kay Backer of HELP:
http://www.times-standard.com/allopinion/ci_6001510

and Ms. Backer's editorial:
http://times-standard.com/fastsearchresults/ci_5908430
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Why pay Salzman

Why pay Salzman for warmed over Times-Standard articles? Just google Pacific Lumber/Maxxam or sign up for your own google alerts...

In a message dated 3/31/2007 4:29:50 PM Pacific Daylight Time, aeb@inreach.com writes:

”Scopac doesn't follow the rules; the rules follow Scopac” - Scopac attorney Kathryn Coleman

http://www.times-standard.com/local/ci_5565506
Palco's timber assets assessed
John Driscoll The Times-Standard
Eureka Times Standard
03/31/2007

With arguments that made the issue as clear as mist in the redwoods, attorneys battled for a day over whether the Pacific Lumber Co.'s timberlands are a single project that might be reorganized apart from its milling operations.

Lawyers for the noteholders that carry $714 million in debt secured by 210,000 acres of timberland held by Palco subsidiary Scotia Pacific looked to convince a federal bankruptcy judge in Texas that since all of its activities on the land -- and its revenue -- revolve around growing trees, it should be declared a single asset.

Scotia Pacific argued that trees are personal property, not real property, and that the numerous activities of the subsidiary's scientists show the company is too complicated to be deemed a single asset. Its attorneys spent hours extracting testimony from its scientists on every aspect of their efforts, which they claimed are the only way it is allowed to cut trees.

The Times-Standard listened to the Corpus Christi U.S. District Court proceeding by teleconference, which was open to the public at the newspaper's Eureka office.

Noteholders' attorney Evan Flaschen asked Judge Richard Schmidt to declare Scotia Pacific a single asset company and let the case move on to the pending brawl over what the timberlands are worth. That will weigh heavily toward whether Palco and its parent company Maxxam keep control of the timber, or whether the noteholders foreclose on it and reorganize.

”Let's bring on the battle that we all know is going to happen,” Flaschen said.

Case law on the subject is limited, especially since Congress in 2005 amended the single asset statute to no longer exclude properties worth more than $4 million. Attorneys were stuck with trying to compare Scopac to apartment complexes and golf courses that have been put through the bankruptcy process.

Scopac attorney Kathryn Coleman said the company's revenues are generated by its 65 employees -- without whose technical expertise it would not be able to satisfy regulators and gain access to the timber. The complex hydrological, biological and geologic studies Scotia Pacific performs also make it a commercial science lab on the cutting edge, she said.

”Scopac doesn't follow the rules; the rules follow Scopac,” Coleman said.

Palco attorney Shelby Jordan added that if Scopac is a single asset, every farm and every oil and gas company would be one, too. The land generates nothing, he claimed, and the situation is not like a landowner who passively holds an investment property while waiting for the market to turn.

Schmidt said that he would guess any farm -- outside the family farm -- is a single-asset entity, since its revenues are derived almost exclusively from the land.

In closing arguments, Flaschen said all the complicated regulatory endeavors on Scotia Pacific's lands are for one purpose only: to grow trees.

”It's amazing to say that a tree growing in the ground isn't real estate,” he said. “Of course it's real estate.”

He added that Palco's stated “doomsday scenario” -- that the noteholders acquisition of the timberlands would mean the mill would be shut down -- is baseless. Palco is a logical buyer for the timber, he said, and there's no reason to expect that the bond holders would shut down a business whose sole revenue is from its trees.

Schmidt took the matter under submission, stopping the hearing on it after one day. He also briefly addressed concerns from attorneys about when he might rule on a request by the noteholders and others to have the case moved to Oakland. He said work on that decision is largely done, and could be filed as early as next week.

John Driscoll can be reached at 441-0504 or jdriscoll at times-standard.com.
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This article is posted here as supplemental background material. For discussion and more information visit watchpaul.blogspot.com.
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Salzman's AEB defending Hugo Chavez?

This article is posted here as supplemental background material. For discussion and more information visit watchpaul.blogspot.com.
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Are you nuts?

In a message dated 3/29/2007 12:25:01 PM Pacific Daylight Time, salzman@inreach.com writes:

For those of you who read the editorial in the Times Standard on Hugo Chavez, by Rhonda Chriss Lokeman of the Kansas City Star, here are responses posted by her readers on the Star's website: www.kcstar.com
-
You can read her editorial here:
http://www.kansascity.com/mld/kansascity/news/columnists/rhonda_chriss_lokeman/16962297.htm

----
http://pod01.prospero.com/n/pfx/forum.aspx?msg=1276&nav=messages&webtag=kr-kctm

3/25/2007 4:01 PM
With all due respect--i.e. NONE--I don't believe a word of this. Lady, you don't know a caudillo when you see one, because you're not seeing one--at least not where you should be. You're seeing a massive projection from your own feverish subconscious, and a very poorly constructed, unoriginal one at that. Chavez as Voldemort? What a joke! Chavez's landslide victories in Venezuela are the result of a clean election; ask Jimmy Carter. They are also the product of trust, not fear, and improvement, not decline! His policies are working; why do you think he got re-elected? Because he threw money around? No, because he put it back into his country, instead of taking it all away to Miami like his tame, corrupt predecessors did. Call them crazy, but ordinary Venezuelans like having free, public healthcare and education for a change. Not to mention infrastructure, housing, and more of a say over how their country is being run, all of which and more he is using his law decrees and all that evil, evil oil money to provide. Can YOUR president do that?
I don't believe you really have been outside your own country; you parrot the smug attitudes of its leadership perfectly. You want to know who the really bully is? It's Bush, and you're NOT standing up to him. Chavez is, and people are responding to that. Next time, do your homework, have the courage to go down there and see for yourself what's really going on, and don't just write whatever the State Dept. tells you to.
Posted by: No Thanks!

3/26/2007 12:43 PM
It seems that you haven't travel that much. People that follow our President do not do that out of fear. Bully?, who can talk about bully?, go and say that to the poor people that for the first time their children have a doctor. You do not have to tell us who the bully is, we know him; I cried in front of the bully when my child was a baby and was ill, but I did not have money to take him to the doctor, and a man that was a veterinarian student told me to give my four months baby half aspirin with pepsi. Mrs. Rhonda, you do not know our pain, the poverty that has been our bully for long time, so please use your colum to say some truth about my country and our President,and the people that follow him out of respect and hope. You are very welcome to visit my country, you may go to my mother's house and listen her and the other ladies that are very happy to konw that they have rights,and that they know there is a little book named Constitution that has their/our rights, and do y
ou know how they know that?, it is because Chvez taught us about it. After they knew how to read and write, they know how to find the rights that protect them from the real bully: besides poverty, lies like the ones in your colum. Where is the bully coming from?, answer this question to yourself. I hope that in your answer and thoughts, you do not bring the word populism in the way is used lately about our President. Venezuelan people, the poor ones, know a demagogic or populist politician because they were Presidents for forty years, and they are the parents of the bully in Venezuela. Ask who they are, and about their "friends" kings of bullies.
Posted by: Negda Leon

3/26/2007 2:03 PM
Chavez' power actually comes from his links with the poor majority - he backs them and they back him. That's why columnists like this right-wing ratbag hate him and slander him.
Posted by: Richard Cheeseman

3/26/2007 7:58 PM
Rhonda,
A king granted huge land favors to lords hundreds of years ago in Venezuela. Is that capitolism? The indigenous people who lived there then had that much less land to work and prosper on. It was wrong then and even more wrong today. To try and hang the label communist on Hugo because he is correcting huge mistakes of the past, is so shortsighted that I fear journalists who support this line of thinking, may just walk off a cliff. Was it capitolism when in early america that Manhattan Island was bought with a box full of trinkets from the indians? I believe in capitolism, but just because it is capitalistic doesn't mean it is right or fair. That is why there are laws to define what people can do in a capitalistic society. The lack of fair laws in Venezuela allowed the transfer of too much wealth to the few. It is not a crime or against capitalism to correct greed/Capitalism of the past. A look at history shows us that when the privileged own it all, is when a Revolution will b
ring it all to an end, with heads rolling. It is actually a favor to the rich of Venezuela to correct the problem before the fat cats heads roll. I can't say that everything about Hugo Chavez is perfect, but I see free education, health care, a chance to work the land, as a huge improvement to what unrestrained Capitolism brought them.
Posted by: Jim Blevins

3/26/2007 10:58 PM
I hope you read the comments that readers have sent in response to your article VERY carefully, and read them many times over. Your readers comments are very intelligent and insightful, whereas your article is offensive nonsense that you need to apologize for writing and publishing. How DARE you call Chavez a dictator!!?? Look at the facts. His opposing candidate acknowledged that he won the last democratic election fairly. And the fact is, the man you refer to as your fearless leader (maybe yours, but certainly not mine) STOLE the election fraudulently. And that is only for starters. I don't have time to go through all the ridiculous flaws in your article. I hope I can make time at a later date. But you need to do your homework. You should be ashamed of yourself. You call yourself a journalist??!! How pathetic. Hey, are you a coward or are you going to write a column in response to all these readers criticism of your Orwellian article?? We will see, won't we?
Posted by: David Parker

Comments
Chaves is working for the poor people in the region and many arround the world. Please let Hugo help those who need his help.Why are you portraying him like that while you all know that when Bush is using guns and bombs to kill, Chavez is helping with oil revenues so what?
Posted by: Maliga

3/26/2007 10:06 AM
Simply, you present no evidence for your accusations.
Posted by: Steven Goetz

3/26/2007 11:36 AM
It's too bad you don't read before you write. Unfortunately, Chavez is an important and complex figure who is turning the globe in a different direction -- and we readers need clarification not silly hyperbole. You do your readers a disservice by simplifying what's clearly out of your range. You need to go back & do your homework.
Posted by: Professor M
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More screed from the "Alliance for Ethical Business"

This blog is just a supplement (a bibliography) to watchpaul - to see what this is about, click on over to watchpaul, see what is wrong with Richard Salzman and his phony organizations... he's not asking for money on this one - YET...

In a message dated 1/26/2007 1:03:30 PM Pacific Standard Time, aeb@inreach.com writes:

http://www.huffingtonpost.com/carl-pope/pirates-north-of-the-klam_b_39274.html

Pirates North [sic] of the Klamath

Scotia, CA -- The announcement that Pacific Lumber (PL) would attempt to escape the regulatory authority of the State of California by heading for bankruptcy court http://www.mercurynews.com/mld/mercurynews/news/breaking_news/16502865.htm brought back bitter memories.

PL was paid enormous sums by the federal government for the protection of the Headwaters Forest but never accepted the fact that being a good environmental steward was part of the deal.

Indeed, the purchase almost fell apart at the last minute when PL and then-Governor Pete Wilson attempted to weaken this requirement. Fortunately, the Majority Leader of the California Senate, John Burton, held firm and, in the last hour of the legislative session, told PL that if it insisted on weakening environmental standards, it would have to kiss a half billion in federal and state tax dollars good-bye. PL blinked.

Now the outlaw is back, asking a federal bankruptcy court to release it from the requirement that it comply with California's water quality standards. The latest shenanigans comes as the company filed for, "Chapter 11 bankruptcy protection, saying it is 'facing a liquidity crisis arising from regulatory limitations on timber harvest.' In a release, the company said its annual timber harvest volumes and cash flows will be below the levels needed to meet its debt service obligations." The solution? Cut more timber, even at the expense of water quality and endangered salmon runs.
This is standard operating procedure for PL, Maxxam (the holding company that controls it), and Charles Hurwitz, (the Houston Financier who manipulates it). And it's personally painful for me, because I received a phone call from a distraught PL employee the afternoon when Hurwitz first made his hostile takeover bid for Pacific Lumber, which at the time was the model of sustainable forestry in the United States. The employee explained to me back in 1985 that Hurwitz was going to take the company over, plunge it into debt, and try to pay the debt off by liquidating the remaining old growth redwoods. She wanted to know if there was a way the company could fight Hurwitz off.
I thought there was. Pacific Lumber could take the water quality and conservation benefits of its sustainable timber practices, sign a permanent commitment to them, and receive in exchange a conservation easement worth hundreds of millions to its shareholders. This conservation easement would have been good for the company, but a poison pill for Hurwitz and his plan to clearcut the Redwoods. I approached sympathetic members of the Pacific Lumber Board. At first they were interested, but asked me not to go the press. Then, at the last minute, their lawyers told them that if they stood up to Hurwitz, he would sue them personally, and they could be bankrupted -- whereas if they went along with Hurtwitz, the lawyers said, he could and would legally indemnify them against the lawsuits which followed. Faced with personal ruin, the board gave in and allowed Hurwitz to take over. Only later did we learn that the lawyers, whether correct or not, had a conflict of interest http://mult
inationalmonitor.org/hyper/issues/1994/09/mm0994_07.html -- because they were also the lawyers for leveraged buy-out king Ivan Boesky, who was, secretly, Hurwitz's partner in the hostile takeover.
I've always wondered what would have happened if I had taken our idea to the press. But now even the modest protection we won in the Headwater Deal is at risk -- because federal bankruptcy judges have become the new court of last resort for crony capitalism of the sort that Hurwitz and his fellow pirates represent. Want out of an expensive underfunded pension plan? Follow the lead of the airlines who've gone to bankruptcy court to find a way to dodge their responsibilities. Want to raise electricity rates for your customers beyond the tolerable level? Just transfer your assets to a holding company, declare bankruptcy and leave the rate-payers with the liabilities, which is what happened in California's electricity crisis. Find it awkward to clean up your toxic waste? Use the same ploy: Declare bankruptcy and walk away from your obligations to communities as ASARCO is trying to do http://www.sierraclub.org/sierra/200605/goingforbroke/page1.asp .
And now the bankruptcy judges are being asked to rule that Pacific Lumber can cut trees because it needs to pay off its junk bond debt. Yes, this stands the concept of the rule of law on its head -- but we live in a topsy-turvy world. I'm not sure they can't get away with it -- unless Congress fixes federal bankruptcy law fast, as Senator Maria Cantwell proposed last year http://www.sierraclub.org/carlpope/2006/04/morally-bankrupt-bankruptcy-law.asp .

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From Salzman's "AEB" aka "Redwood Progressive" aka "Richard's List" aka....

All this call to action crap - Salzman doesn't even know that there are Settlement Negotiations ongoing, possibly nearing completion - he just want more drama, more cause to line the activist coffers. Get a life.

In a message dated 11/15/2006 12:43:16 P.M. Pacific Standard Time, aebmail@cox.net writes:

Show FERC (and tell FERC) that the public won't stand for fifty more years of damage--come to FERC's public hearing on Thursday November 16 at 7 p.m. at Eureka Red Lion Hotel. The NEC, Klamath Tribes, commercial fishing groups, water quality watchdogs and others will provide information about the dams and the DEIS across the hall. Get informed, then fill FERC's record with what needs to be reflected in its final EIS.

----
http://www.times-standard.com/local/ci_4662498

County leaders advocate Klamath dam removal
John Driscoll/The Times-Standard
Eureka Times Standard
11/15/2006

Humboldt County supervisors voted unanimously Tuesday in favor of removing four of the Klamath River's dams, riding what many say is a wave of public opinion and political will toward restoring salmon runs and economies on the river.

The resolution comes as the Federal Energy Regulatory Commission hears communities' concerns about the continued operation of the hydropower dams. The agency, which will decide whether to issue Pacificorp a new 50-year license, has not considered removing the dams as a viable option.

But several key developments recently have provided momentum toward such an end. Pacificorp lost an administrative hearing challenging federal fisheries agencies' orders to build expensive fish ladders over the dams. A bond measure just passed by voters holds millions that could be used for restoring the Klamath. California Coastal Conservancy studies have found the cost of dam decommissioning relatively low, and also found few toxins in sediment trapped behind the dams.

”This is really the Berlin Wall of fisheries issues on the North Coast,” Tom Weseloh of California Trout told the board.

Several speakers said the amount of electricity the dams produce isn't worth the damage done by the dams. The dams block several hundred miles of potential spawning habitat for salmon. Fisheries biologist Pat Higgins said the reservoirs also pollute the river by prompting toxic algae blooms, which can also be dangerous to people.

FERC is holding a public hearing on its draft environmental impact statement on Thursday at 7 p.m. at the Red Lion Inn in Eureka.

Pacificorp has lodged its own solution to getting fish around the dams by trapping them and trucking them up above Upper Klamath Lake, then doing the same for young fish getting ready to migrate downstream. Ross Taylor, a McKinleyville fisheries biologist, said that trapping and trucking programs have been a failure on the Columbia River, and won't work on the Klamath either.

It also doesn't address water quality problems on the river, said Erica Terence with the Northcoast Environmental Center.

”These dams present a massive obstacle to improving water quality,” Terence said.

Fifth District Supervisor Jill Geist said that removal of the dams will help salmon and upstream economies, and that the loss of power generation will be made up with a planned large natural gas power plant in the region. It's also become clear that the dams do not play much of a role in flood control, she said. Available bond money and political support from both California and Oregon's governors are critical.

”Now is the time,” Geist said.

The board voted 4-0 in support of the resolution. Supervisor Bonnie Neely was absent.

----

Begin forwarded message:

From: Erica Terence
Date: November 8, 2006 6:56:12 PM PST
Subject: How YOU can help UNDAM the KLAMATH--teach-in this Friday, public hearing next Thursday

To anyone who cares about the Klamath River,

You can play a vital role before December 1 in getting the Federal Energy Regulatory Commission (FERC) to remove the Klamath River dams. HERE'S HOW YOU CAN HELP:

1--Come to the teach-in this Friday at 6 p.m. at the Northcoast Environmental Center ( 575 H St. Arcata) and ask a lot of questions of the knowledgeable folks who will be on hand to talk about the Klamath and FERC's Draft Environmental Impact Statement (DEIS) on the Klamath dams, which proposes trapping fish, radio tagging them and driving them around the dams. Craig Tucker of the Karuk Tribe, fisheries biologist Pat Higgins and river restoration advocate Petey Brucker are featured speakers for the evening. The new film "Solving the Klamath Crisis: Keeping Farms and Fish Alive, " produced by the Klamath Salmon Media Collaborative, also will be shown. Talking points, a sample letter, and letter-writing materials will be available for the public at this event, as will free food and drink.

2--Show FERC (and tell FERC) that the public won't stand for fifty more years of damage--come to FERC's public hearing on Thursday November 16 at 7 p.m. at Eureka Red Lion Hotel. The NEC, Klamath Tribes, commercial fishing groups, water quality watchdogs and others will provide information about the dams and the DEIS across the hall. Get informed, then fill FERC's record with what needs to be reflected in its final EIS.

3--Write a letter on your own! Tell FERC that its DEIS is legally inadequate and biologically insupportable. The document fails to analyze removal of four dams, fails to acknowledge the importance of salmon as a cultural resource and fails to put forward any meaningful changes that would bring about real river restoration. The DEIS also makes no mention of the sediment study done by the California Coastal Conservancy which showed that sediments behind the dams don't contain toxins and can cheaply be flushed out or removed. Written comments will be received until Thursday, December 1. See the attached talking points, sample letter:
Comments will be received until November 24, 2006, and should be clearly marked “For Docket No. P-2082-027 (Klamath)” and mailed to: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First St. NE, Washington DC 20426.

Please forward this to others who may be interested. Thank you!




Why The Klamath Dams Should Come Out





1- Fish need cold, clean water with lots of oxygen in it, but Iron Gate dam, Copco I dam, Copco II dam and J.C. Boyle dam heat up water in the Klamath River to lethal temperatures during the hottest parts of the year and deplete oxygen supplies fish need to survive. 


2- Overheated and oxygen deficient waters provide prime conditions for toxic algae to bloom in the reservoirs behind the dams at levels now thousands of times higher than what the World Health Organization says is safe to ingest. Some of this algae, called microcystis aeruginosa, can cause severe liver damage and other serious health problems in both humans and fish.


3- Hundreds of miles of historic spawning grounds would be re-opened to Klamath River salmon whose numbers now run dangerously close to extinction. Klamath salmon runs were so small this year that regulators closed ocean fishing almost completely along 700 miles of coast, starving commercial fishing communities of an estimated $100 million and shorting Tribes of a resource traditionally used for both subsistence and ceremonies. Damage to salmon fisheries far outweighs any benefits of power production. Unless these dams are dealt with, more fishery closures are inevitable.


4- The dams block the natural functions of the river, impoverish its spawning gravel for 50 miles downstream, and reduce the impact of natural flushing flows that in the past scoured out and reduced fish parasites and algae and kept riparian areas healthy.


5- To survive, tribes and other fishermen need fish that depend on cold clean water, healthy habitat and fewer turbines. Fish feeds culture and fills bellies. These fish would do much better with access to more of their old habitat.


6- The turbines on the dams in question operate at less than half capacity, and generate only 2 % of PacifiCorp’s overall power. In fact, the company recently admitted that it operates the hydroelectric projects on the dams for compliance, rather than for maximum profit or energy output. The power ratepayers get from those turbines could be replaced using alternative energy sources such as wind and solar equipment.


7- The Klamath dams that need to be removed are not used for irrigation and are not designed for flood control. Farmers will still get their water from behind Keno and Link dams, which are small enough barriers for fish to pass by using normal ladders.


8- Removing the dams from the river would go a long way towards restoring the Klamath River, restoring its fishing-dependent communities, and reversing decades of damage and disruption.

---
Comments will be received until November 24, 2006, and should be clearly marked “For Docket No. P-2082-027 (Klamath)” and mailed to: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First St. NE, Washington DC 20426.
-----

What’s Wrong With FERC’s Klamath Dams DEIS

1- FERC’s DEIS only analyzes removal of two dams, and fails to consider an alternative in which four dams—Iron Gate, Copco I, Copco II, J.C. Boyle—would be decommissioned, as recommended by the U.S. National Marine Fisheries Service, The Pacific Fisheries Management Council and many others. The failure to analyze a four-dam removal scenario makes a mockery of the National Environmental Policy Act (NEPA) disclosure requirements and does not give a full range of alternatives as required by law.

2- FERC’s favored staff alternative would trap chinook salmon, then drive them around the dams on trucks over highways, even though the DEIS showed that taking out two of the dams would be better for fish and water quality than their own trap-and-haul plan. What’s more, the trap and haul alternative doesn’t mitigate for degraded or blocked Lamprey, Steelhead, Sturgeon, and Coho habitat. Federal agencies, tribes and conservation groups including the Northcoast Environmental Center have criticized the staff alternative as biologically insupportable.

3- The DEIS contains no provisions to protect rate paying irrigators in the upper basin from future inflated power rates. FERC’s own analysis shows that a four-dam removal alternative would likely be many millions of dollars cheaper than the installation of fish ladders required by federal agencies. In short, dam decommissioning is the cheapest option as well as the best for PacifiCorp customers. Keeping the dams at the cost of fish ladders would force the dams to operate at a deficit that PacifiCorp would have to offset with higher power rates.

4- The DEIS is inconsistent with the legal findings of federal administrative law Judge Parlen L. McKenna, who ruled that fish will be able to recolonize above the dams if given the chance. The PacifiCorp and staff alternatives both suggest that water quality above the dams is too poor for fish to survive, and yet both propose leaving the dams in place for another fifty years when it is the dams themselves that harm water quality.

5- FERC’s DEIS fails to address the California Coastal Conservancy study showing that sediments backed up behind the dams don’t contain any toxic substances and would be cheap and safe to flush out.

6- None of the alternatives would relicense Keno dam securely under public jurisdiction. Since construction, Keno dam has always been part of the FERC license and should continue to be part of any new FERC license so that it remains under public oversight by FERC.

7- None of the alternatives address the fact that dams operated by PacifiCorp have damaged the river for almost a hundred years. The energy subsidiary owned by billionaire Warren Buffet, benefited for decades from abuse of the river, and now has a responsibility to mitigate for those damages and restore the Klamath River and its salmon.

8- The alternative that would remove Iron Gate and Copco I fails to detail a transition plan for the fish hatchery below Iron Gate dam. That hatchery will need to remain in place while fish recolonize upstream.

9- PacifiCorp and staff alternatives propose pumping supplemental oxygen through giant bubble machines into pools to help stressed and overheated fish survive—a band-aid solution at best that does not adequately address low flows, high temperatures or alarming nutrient levels that cause toxic algae blooms and diseases that kill many juvenile salmon before they reach the ocean.

Environmental costs such as the costs of degraded water quality, degraded habitat, severely depleted cultural resources and shrinking fisheries should be factored into a cost-benefit analysis in the DEIS document. Add those externalities up and the costs of leaving in place Iron Gate, Copco I, Copco II and J.C. Boyle dams will far outweigh the benefits of letting those dams continue to operate as they are. The societal benefits of removing the dams far outweigh the cost of removing those dams. Removal is the cheapest and best option—and the only option that will restore the Klamath River and its once-abundant fisheries. 

---

Sample letter

Magalie R. Salas
Secretary, Federal Energy Regulatory Commission
888 First Street, N.E.
Washington, D.C. 20426

Re: Klamath Hydroelectric Project FERC No. 2082-027


[Date]


Dear Ms. Salas,
The Klamath River is a special place that deserves protection. The Klamath was once the third most productive salmon fishery in the United States. However, after 80 years of abuse by PacifiCorp and its predecessors, the Klamath is in dire need of restoration. One key to restoring the Klamath is the removal of the lower four dams that block more than 300 miles of historic salmon spawning habitat.

FERC’s draft environmental impact statement overlooked several key issues that should be evaluated and incorporated into a final environmental impact statement to ensure a robust and complete analysis of the environmental impacts to the Klamath River.

First, FERC should follow the recommendations of Tribes, conservation groups and NOAA Fisheries to remove the four dams. FERC only evaluated removing two dams in its draft environmental impact statement. The lower four dams are where most of the problem exists. All the agencies, tribes, and other stakeholders agree that removing the lower four dams will improve water quality and open up a vast amount of habitat for salmon, steelhead, and other species.

FERC staff created their own alternative that relies on driving fish around the dams and only introducing a small, experimental population of salmon to one stretch of river. This is completely inadequate to restore healthy salmon populations to the Klamath River and ignores the requirements of federal fish agencies calling for full volitional fish passage to allow fish to swim themselves up and downstream.

Finally, FERC should consider and incorporate into the final environmental impact statement the sediment study from the California Coastal Conservancy and the ruling of the administrative law judge in the Energy Policy Act hearings. The California Coastal Conservancy conducted a study of the sediment behind the dams. This study concludes dam removal could be done safely and affordably without leading to floods or exposing the river to toxins. Further, the ruling from the administrative law judge concluded “project operations have and continue to adversely affect” river health, including the resident trout fishery and riparian habitat. He also found that the measures required by the agencies would benefit threatened coho salmon and other anadromous fish, resident trout, Pacific lamprey and riparian habitat.

Thank you for considering these comments. I hope that FERC will make appropriate changes to its final environmental impact statement and do its part to protect and restore the Klamath River.

Sincerely,
[Your name]

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