SAVE: Paul Gallegos restored honor to DA's office, Ken Miller's MY WORD revisionist history

Paul Gallegos restored honor to DA's office
Ken Miller/My Word
POSTED: 12/14/2013 02:35:33 AM PST
UPDATED: 12/14/2013 02:35:34 AM PST

Susan Dodd celebrates Humboldt County District Attorney Paul Gallegos' coming departure with a litany of accusations (”Good riddance to Paul Gallegos,” Times-Standard, Dec. 6, Page A4), but misses his signature accomplishment: restoring dignity, independence and integrity to an office that was blind to some of Humboldt's most successful crooks. Two examples are illustrative:
Mr. Gallegos' courageous lawsuit vs. Maxxam/Pacific Lumber stood out in stark contrast to the conciliatory stance adopted by every other political and regulatory agency official, who acted mostly as enablers, beneficiaries, or appeasers, while the venerable PL was looted, and our watersheds and forests liquidated with catastrophic consequences for residents, fish, and the future of our forest products industry.

Despite accumulating a record of California Department of Forestry violations, despite causing ongoing flooding and loss of domestic water supplies in Elk River, despite despoiling Freshwater, Jordan, Stitz, and Bear Creeks as well, our regulators and policymakers stood by while protesters were castigated and arrested. When the California Regional Water Board entered the fray with its independent authority, local ranchers and foresters rose up to defend Maxxam/PL, and opposed appropriate regulations to restore water quality, thereby turning against their own neighbors.

It was in this context that Gallegos showed his independence and integrity. He challenged only one of Maxxam/PL's deceitful practices, when PL allegedly cheated on the environmental documents submitted in support of the Headwaters Deal.

Maxxam prevailed only because of legal technicalities that in part may be summed up as “The Right to Lie.” But Humboldt County Superior Court Judge Christopher Wilson, before his unfortunate removal from the case, ruled that if PL/Maxxam's actions prevented fruition of the process, it could be guilty of “extrinsic fraud,” thereby bypassing that so-called right to lie. And prevent it it would have: Another Wilson, Richard, former head of CDF, proclaimed that had he been aware of the evidence, he would not have approved the deal.

It should be recalled that Gallegos was forced to go it alone against Hurwitz's legal team when our supervisors declined to accept the offer of pro bono legal assistance from the powerful law firm of Cotchett et al. in the Bay Area. That's right: they declined free legal help from one of the state's finest law firms, which pretty much sums up the county's near total capitulation to, and conflicts of interest with, Maxxam during the firm's two decades of rapacious liquidation in Humboldt County.

Former Supervisor Roger Rodoni rented hundreds of acres from Maxxam/PL for a pittance, and former Supervisor Bonnie Neely was married to Gallegos' opponent, Terry Farmer, who lost the 2000 election.

It's no wonder that Maxxam financed the failed recall of Mr. Gallegos.

Unsurprisingly, Gallegos lost in court against the high-priced team of lawyers for Maxxam/PL, but we are the big losers.

Paul took a lot of heat that should rightly have been directed at the biggest crooks to despoil our county in modern times.

In another act of political independence and bravery, Gallegos took the highly unusual, and politically and personally risky, step of prosecuting the architects of the killing of Cheri Lynn Moore. Here you had a mentally distraught woman armed with a flare gun, holed up in her own apartment in downtown Eureka. She wanted help, so she called mental health services, and the cops went into action. After denying her friend access, claiming Ms. Moore posed an imminent risk of fire, they charged her locked door and killed her when she turned in surprise holding the flare gun, unfired.

Had the Eureka SWAT police evacuated her building, called in the fire department, consulted ballistic experts about flares, and waited while mental health professionals resolved the now safely secured standoff, Cheri Lynn Moore would be alive today. Entering the apartment with shields and fire extinguishers would have resulted in the same end.

Instead, led by Chief Douglas and Lt. Zanotti, they did the opposite. Despite claiming imminent fire hazard, police stationed their command and control center below the proclaimed fire threat instead of safely across the street with a view of her apartment, and charged into her apartment without shields or extinguishers.

Again, legal technicalities involving the Grand Jury scuttled Mr. Gallegos' laudable effort to hold the perpetrators accountable.

But Gallegos' gutsy efforts will and should be long remembered, and recounted, not as unsuccessful (or “botched”), but as instances of courage and integrity in the face of fire, and examples of why we need a DA who is independent of, and unintimidated by, the powers that be.

Ken Miller resides in McKinleyville.

NCJ - Best enemies

October 5, 2006
Best enemies
by HANK SIMS
You may think it out of character,but we praise our brethren at rival media outlets sparingly, and in only cases of genuine merit. Develop a reputation as a glad-hander, a back-slapper or a scarlet-faced guffawer, and your colleagues in the trade will rightly shun you. They will think you a dolt, and they'll probably be correct. But when a piece comes along that absolutely astounds -- think of the McKinleyville Press story, a few months back, on the sisters that gave birth simultaneously in adjacent hospital rooms -- there's nothing for it but to send along an e-mail thanking the author for making us stop and marvel, for dissolving the confines of the cruel quotidian. We are readers, first and foremost, and also autonomous citizens of a democracy.

As it happens, we had occasion to send two notes of applause across the bay last week -- one to Heather Muller of the Eureka Reporter and one to Kimberly Wear of the Times-Standard, who we hope shared it with her deskmate Chris Durant. In these cases, the awe was not inspired by the subject matter of the stories -- each of them "hard news" pieces -- but from the reporters' immense enterprise in ferreting out some obscure data and presenting it well, in service of the county. Their stories centered on political donations to District Attorney Paul Gallegos, and how they affected or didn't affect a criminal case prosecuted by his office.

On Tuesday, the Reporter published the outcome of several criminal cases, including nine felony counts, against Derek Bowman, son of Leonard and Ellie Bowman of Loleta. The younger Bowman had been charged with check fraud, burglary, domestic battery, drug possession and unlawful intercourse with a 14-year-old girl, among other things. All of the charges were either dropped, or Bowman plead guilty to them in exchange for a suspended sentence. Then he was given 180 days in prison for violation of probation. The Reporter wondered whether the seemingly lenient sentence might have anything to do with the fact that the Bear River Band of the Rohnerville Rancheria, which Leonard Bowman chairs, had donated $10,000 to Gallegos' last political campaign, or the fact that Ellie Bowman had protested outside the courthouse against the candidacy of Deputy DA Worth Dikeman, who had challenged Gallegos. (Earlier, Dikeman had successfully prosecuted another Bowman son for murder.) Gallegos did not respond to the paper's questions about the case, despite apparently having been given ample opportunity to do so.

The next day, the Times-Standard came out with a story in response. In it, Deputy DA Max Cardoza, who had tried the Bowman case and a 25-year veteran of the office, strongly denied that political considerations had played any role in the case's outcome. It quoted from an internal memo written by Gallegos that requested that both he and Dikeman be "screened" from the case. (Strangely, the memo was written after the case had already been settled).

The appearance of the Times-Standard story set off a great hue and cry, with letters from Gallegos' campaign manager, Alison Sterling Nichols, demanding that the Reporter retract its "factually incorrect" story. She didn't point out any actual incorrect facts, because there weren't any. There were holes in the story, but they should be lain squarely at the feat of Gallegos, who chose to respond to the paper's many questions with a non-responsive, fatuous one-liner. ("This office operates without fear or favor.") The Reporter ran the story it had, and if we lived in a real city rather than a small town, few people would have had any serious objection. But Sterling Nichols and others chose to use the occasion to demonstrate, once again, that they simply have a hard time wrapping their heads around the fact that Gallegos is part of the government. You want the media to ask hard questions of the government, right?

If this turns out to be a growing trend, this business of public officials turning up their nose at one or another of the daily papers, we're going to need both of them to report any story. If you haven't already sold your soul to one of the various political factions in town, you might want to step back a bit and take the long view. Though it looks like competition on the surface, and while their publishers no doubt wouldn't mind stealing a great big helping of advertising cash off each others' plates, the two newspapers function in cooperation, not competition. They're both getting to the bottom of things, together. Good cop, bad cop. Thesis, antithesis, synthesis.



Hey, you're a confirmed paranoid, right? You're certain that The Man is messing with your head, aren't you? If you're reading this in Humboldt County, chances are you fit one or both of these descriptions. So try this out for size -- a candidate in the upcoming election has planted an operative inside the Humboldt County Elections Office. It has possibilities, doesn't it? You can work with it, can't you?

We're sure you can. So, check it: Kelly Sanders is an administrative analyst who has worked with the office for about a year, according to Elections chief Lindsey McWilliams. She's the former director of the Redwood Coast Dixieland Jazz Festival. She also happens to be the sister of Bonnie Neely, the 4th District supervisor who is currently seeking reelection.

It's not like she just answers phones, either. (Though if she did answer a phone, what would she say?) In fact, this time around she's going to be in charge of the county's super-scary new voting booths aimed at helping disabled citizens cast their ballot. What's so scary about that, you ask? Not the technology itself -- though it is freaking terrifying -- but the fact that the county's existing electronic vote-counting apparatuses can't process its votes. That means that elections staffers will have to hand-copy every vote cast at the disabled-access machines to one of the county's AccuVote ballots. This leaves the inescapable conclusion that Sanders, and possibly other of her colleagues, have the means, the will and the secret Illuminati brainwash training to throw the election!

Please, please, please take a deep breath, Lindsey McWilliams begs. In fact, the re-voting system will have checks, counter-checks and built-in redundancies that will make any vote-rigging virtually impossible. There'll be two sets of eyes on it at all times, and there'll be a paper trail of the original votes cast at the disabled-access machines (which aren't manufactured by Diebold, if that's what you're worried about).

That's leaving aside the fact that Sanders is a human being, one who probably has at least as much honor as you or me. "Rumors to the contrary, Kelly Sanders is not an android and has no moving electronic parts that I know of," the ever-quotable McWilliams confirmed. (Likely story!) And she's sensible, too -- so sensible that she declined to speak with us when we asked.

In fact, we don't expect any great outburst of elections freak-out over this one. Because why? Because the demographics are such that most of the elections critics around here are Neely voters anyway. No harm, no foul. But just imagine what you'd get if there were a Flemming or a Bass in the office.



We finally got a chance to talk with Dennis Cunningham last week. Cunningham's a San Francisco attorney who has developed a reputation as something of a superlawyer in claims cases against government agencies, usually on the behalf of activists and others. He's had a couple of Humboldt County-related cases in the past, and they were both big ones: the Pepper Spray lawsuit against two Humboldt County police agencies, which resulted in a win for the activists whose eyeballs police had swabbed with the noxious substance, and the similarly victorious Judi Bari-Darryl Cherney civil rights lawsuit against the Oakland Police Department and the Federal Bureau of Investigation. The word we had was that Cunningham was considering filing a wrongful death suit against the Eureka Police Department over the Cheri Lyn Moore incident (see "Cause of Death," Sept. 21).

Is he going to sue? The answer appears to be maybe. The six-month anniversary of the incident is next Saturday, and that's the deadline to file a wrongful death claim. Cunningham said that his partner, Gordon Kaupp, has been looking into the case, but that as far as he knew, no one in his office has been able to contact Moore's son -- the only relative with standing to file a claim. Cunningham said that he was unaware that the deadline was approaching so soon -- he thought that the shooting had happened in July. "We'll have to make our move," he said.

If a suit is filed, it will further buttress local doctor Ken Miller's second career -- third career? -- as a midwife of politically charged litigation. Miller was the one who brought the now-dormant Headwaters lawsuit to the office of District Attorney Paul Gallegos. Cunningham said that Miller had been working with Kaupp on the potential Moore lawsuit.

ER - Candidate seeks balance between growth, quality of life

Terrible interview, given all the controversy and the questions that should be asked of Mark Lovelace. This is a typical puff piece interview, that you can expect to see of all the candidates. No tough questions, no examination of the issues, no challenges. A big disappointment.

Candidate seeks balance between growth, quality of life

By CERENA JOHNSON, The Eureka Reporter
Published: Mar 25 2008, 10:46 PM

Third District Supervisor candidate Mark Lovelace said he is focused on balancing a need for economic development and growth with quality of life.

Lovelace, who has lived in the area for 20 years, is president of the Humboldt Watershed Council and is involved with the Healthy Humboldt Coalition, a cooperative effort through the council geared at protecting the environment and strengthening the local economy through the Humboldt County General Plan.

Lovelace has also served with various community organizations, including Citizens for Real Economic Growth, and established a consulting business working with small manufacturers, and has worked on property issues, affordable housing, alternative transportation and land use issues.

Lovelace also notes work in 2000 on the Sunny Brae forest project, through which 175 acres were added to the city of Arcata’s community forest management plan.

Lovelace said his public and private sector involvement will help him to recognize the connection between all of the different projects facing the county.

In confronting challenges that lie ahead, Lovelace said a dialogue about the future of Humboldt County and what it should look like is necessary.

“People live here for the quality of life,” he said, including scenic beauty and a natural environment. “We need to build upon that.”

Lovelace said in focusing on economic development, it is important to look at growing businesses locally that are also able to compete outside of the community, providing good paying jobs and utilizing local talent.

“There are some amazing young people coming out of this area,” he said.

He described the third district as a “magnet” for innovative businesses.

Having worked in manufacturing and being Web based, Lovelace also stressed the area’s need for infrastructure.

“As supervisor, I would want to work with those kinds of businesses and see that they have the tools they need,” he said.

The Third District stretches from Arcata and Manila to Freshwater and Kneeland.

Lovelace is running against Arcata City Councilmember Paul Pitino and Bryan Plumley, a financial adviser.

A new face for the 3rd District

A new face for the 3rd District

Jessie Faulkner Staff Writer
Article Launched: 03/12/2008 01:25:56 AM PDT

The Humboldt County Board of Supervisors race is on, with three of the five seats up for election, starting with the June primary.
The top vote-getters in races with more than two candidates will vie for the seats in November unless one hopeful receives more than 50 percent of the vote.
With 3rd District Supervisor John Woolley's recent announcement that he will not be seeking another term, the field is wide open -- and it remains so. Potential representatives have until the close of business today to file.
So far, three candidates are running: Humboldt Watershed Council President Mark Lovelace, Arcata City Councilman Paul Pitino and Environmental Systems Engineer Mike Wilson.
Second District incumbent Roger Rodoni faces former KMUD news director Estelle Fennell and Clendenen's Cider Works owner Clif Clendenen while 1st District Supervisor Jimmy Smith faces Ferndale dairyman John Vevoda.
This is the third story in a three-part series. Today's focus is on the 3rd District.
Mark Lovelace
Mark Lovelace said he debated whether he would be more effective at the podium or at the dais before deciding to run for the 3rd District supervisor.
After moving to the area in 1989, Lovelace said his activism began with an effort to establish the Sunny Brae Forest in 2000 -- an undertaking that resulted in adding 175 acres to the Arcata Community Forest -- and meant more than 2,000 hours of volunteer time.
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Council was next and has been his employer from 2003 to present. Most recently, he has focused on Healthy Humboldt -- a project of the watershed council that has brought together a coalition of agencies to advocate for the protection of working land and open space in the county's ongoing general plan update.
Citing his professional accomplishments, Lovelace points to his efforts with the Sunny Brae forest. His mother, he said, is particularly proud of his selection as the Arcata Eye's 2002 Citizen of the Year.
Lovelace suggested an alternative approach to the much-needed economic development on the North Coast.
”We're approaching economic development as if our only strategy is a 'Hail Mary' pass,” he said. “We tend to focus on the idea that we need a large employer bringing in 300 jobs.”
Instead, the area is rich in small businesses doing great things. A preferable approach is to encourage establishment of those smaller enterprises, Lovelace said.
Lovelace also stressed the importance of looking at the whole picture -- instead of compartmentalizing issues.
As to skills, other than his interest and attention to the county issues, is a calmness and clarity in how he works.
”I really don't like making any kind of decision if I don't have my knowledge base,” Lovelace said.
That knowledge base, he said, comes not only from a dedication to doing his homework to listening to many constituents.
The truth is usually not at the extremes, Lovelace said, it's likely to be in the middle. The key is to the ability to be patient and discuss issues, particularly the divisive ones.
The biggest issue facing the 3rd District and all of Humboldt County, Lovelace said, is determining what we want the area to look like.
”We've done a good job on what we don't want,” Lovelace said. “We need to be equally clear on what we do want to see.”
With the 10 fastest growing counties in the state being rural counties -- not unlike Humboldt County -- there's the possibility of being overwhelmed, he said. The solution is being proactive.
Lovelace, a resident of Sunny Brae, has been married to Valorie for 15 years. They have a 14-year-old daughter, Abbey.
Paul Pitino
Arcata City Councilman Paul Pitino, an Arcata resident since 1993 and the father of three grown sons, has held a number of careers over the years from teaching children Spanish to designing control centers for high-rise buildings.
He's also made money as a millwright, factory worker, deli worker and currently works as a landscaper. His interest in politics may have started as a small child when he helped his father, the president of the postal union, hand out fliers.
As an adult, Pitino sampled the political waters while living in Ukiah and was a member of the city of Ukiah's solar access committee. He also worked on Dan Hamburg's anti-recall committee, when opponents tried to oust the former Mendocino County supervisor. Later on, after moving to the North Coast, Pitino was one of four people spearheading opposition to a 900-unit subdivision in the Arcata Bottom. He worked on another council candidate's campaign followed by his own successful effort to join elected body in 2004.
One of the accomplishments as a council member, he said, is bringing a balance to Arcata City Council in the form of a working class, lower-income perspective.
Pitino also said he tends to be a personable, approachable person with a good rapport with others of all economic classes from the homeless to business owners.
The candidate is opposed to campaign advertisements and endorsements. He is, however, spending a fair amount of time knocking on doors and talking with district residents.
Winning is a byproduct, what's really, really important is how you run the campaign, he said.
If that effort is successful, Pitino said one of his goals is to work to make the county a kinder, friendlier place -- in part by modeling such behavior whether it's opening doors for others, saying “hi” or picking up trash.
He's also adamant about improving public bus service -- specifically offering such service on Sundays. Doing that and improving the service overall, Pitino said, would be a shot in the arm for those at the bottom of the economic pyramid and, by association, everyone. It's an area in which Pitino said he has developed some familiarity with as the city of Arcata's representative to the Humboldt Transit Authority board of directors.
The ongoing issue of homelessness remains a challenge for the 3rd District, he said. Pitino said he's been studying how Portland, Ore. and Ukiah work with their homeless populations.
”If we can make life a little less of a hassle for the economic bottom part of society, it's good for everybody,” he said.
Mike Wilson
A native of southern Humboldt County, Mike Wilson has been a resident of Arcata since 1984 with a temporary move to San Francisco a few years later to finish his bachelor's degree in engineering at San Francisco State University. Following graduation, he worked for Bay Area-based international engineering firms before moving back to the North Coast to earn his master's degree in environmental systems engineering from Humboldt State University. That led to establishment of Wilson and his wife Laura's business, Humboldt Water Resources, an engineering consulting firm based in Arcata. Among their projects was United Indian Health Service's Potawot Village. Wilson also works part-time managing marketing for Carlson Wireless.
In the political realm, he's represented the 3rd District on the Humboldt Bay Harbor, Recreation and Conservation District for slightly more than two years.
Wilson is currently the vice president of the Friends of the Dunes board of directors and serves on the building committee for the organization's new nature center.
”I'm very excited about that,” he said.
As the 3rd District supervisor, Wilson said he would bring a fresh perspective -- adopting a practical approach to government. Part of that approach is bringing Humboldt County into the 21st Century in terms of infrastructure and, in particular, Internet redundancy. For the short term, he said, the preference is a microwave link while working to establish a second fiber optic link.
Wilson said he also wants to focus on connecting the area's existing skilled workforce to available employment. Humboldt State University is working in that direction, he said, and the county should support that effort.
As a parent of two young daughters, 1 and 7, Wilson said he is intimately aware of the importance of services to support families whether it's childcare or health insurance. The Board of Supervisors, he said, is responsible for making sure county programs and workers have the tools needed to deliver services.
Improving public transportation, focusing on affordable housing and getting the county general plan update done are all priorities, Wilson said. He also said it's important for the county to look into wind and wave energy opportunities as well as expanding solar programs.
Wilson said he was prompted to run for the 3rd District seat, in part, because of a positive experience as a representative on the Humboldt Bay Harbor, Recreation and Conservation District. He said he's looking forward to putting his public service skill set and his professional skills to work for the district. He also noted his abilities as a problem-solver, and an understanding of small business concerns.
”With some fresh ideas and perspectives, there's a lot that can be moved forward,” he said.
Wilson said advocates for the establishing a regional trail system -- a benefit not only for current North Coast residents, but a powerful lure for those considering moving to the area.
”I believe the 3rd District can be the backbone of that system,” he said, with trails to Eureka, Blue Lake and out to the beach.
”It's going to take strong county support to make that happen,” Wilson said.
But, he said that won't be the limit of his efforts: Daycare needs, affordable housing, the general plan, the impacts of development in Arcata's sphere of influence will all get his attention if he's elected.
At a glance: The 3rd District: The 3rd District includes Arcata and Manila but also stretches inland to the Kneeland area and south -- roughly to a line running east from Fortuna.
Jessie Faulkner can be reached at 441-0517 or jfaulkner@times-standard.com.

HHC to Planning

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The Healthy Humboldt Coalition
P.O. Box 1301,
Eureka CA 95502
707.822.1166
www.healthyhumboldt.org
mail@healthyhumboldt.org

May 10, 2007

Planning Commission
Community Development Department
3015 H Street
Eureka, CA 95503

Re:Chapter Group 4 PoliciesEconomic Development

Dear Commissioners and Staff,

We are writing to provide comments and specific recommendations regarding the recently releaseddraft policies for the Economic Development Element for the General Plan Update. While we aregenerally supportive of the direction established by the staff’s document, we do have some specificconcerns which we believe must be addressed to ensure the document’s consistency with otherelements and with the General Plan’s Guiding Principles, and to ensure the adequacy of theforthcoming EIR.The document lists draft policies for Alternative B, with occasional alternate policies for AlternativesA and C. There are a number of policies which are listed for Alternatives B and C which areexcluded for Alternative A. We understand that the purpose of this is to assure that eachalternative brings with it its own suite of policies. However, most of the omissions for Alternative Aappear to be arbitrary, and are inconsistent with the Guiding Principles for that alternative.The Staff’s document reads:“Plan Alternative A includes many of the components of Alternative B, but as anenvironmentally superior alternative, some wording and policy choices are presented thatare less robust toward economic development initiatives, particularly those that might behigh impact or growth inducing, such as road, rail, and airport expansions. Alternative Adoes not accommodate big box in the unincorporated area.”Staff’s presumption that a ‘robust’ economic development policy is somehow at odds with an‘environmentally superior’ General Plan is misleading and completely unsupported by any facts ordata. More to the point, this assertion is completely contradictory to the narrative in the staff’s owndocument.The policy document identifies nine base industry clusters, none of which are in any way at oddswith the focused-growth approach of Alternative A. In truth many, if not all, of these industrieswould likely benefit from the increased protections for resource lands, scenic beauty and quality oflife presented in Alternative A, making it quite likely the best and most robust alternative foreconomic development. Our comments in this letter are primarily an attempt to remedy thatinconsistency, so as to ensure that the policies ascribed to each alternative are consistent with thatalternative’s goals.There are numerous policy choices which are omitted from A for no apparent reason. Some ofthese omissions create the false impression that something in the nature of Alternative A wouldsomehow be at odds with the desire to create a strong and stable economy. We have providedour own recommendations below and in the attached table.
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The Healthy Humboldt CoalitionThe Healthy Humboldt CoalitionThe Healthy Humboldt CoalitionThe Healthy Humboldt Coalition The Healthy Humboldt CoalitionThe Healthy Humboldt CoalitionThe Healthy Humboldt CoalitionThe Healthy Humboldt Coalition P.O. Box 1301, Eureka CA 95502 707.822.1166www.healthyhumboldt.org mail@healthyhumboldt.org The version of policy ED-G1 which is listed for Alternatives B and C reads:ED-G1. Stable Economy. To enhance and maintain a diverse, stable, and growing localeconomy with an emphasis on base and emerging industries, innovation,entrepreneurship, and global competition.The version listed for Alternative A reads:ED-G1. Stable Economy. To maintain a diverse, stable local economy with an emphasison strengthening existing local industries.Again, this gives the false and unsupported impression that Alternative A would not fostereconomic growth, and would not support emerging industries, innovation, entrepreneurship orglobal competition. The reasoning for this is not given. We ask that staff reference the recent“Targets of Opportunity” report, which clearly shows the high premium placed on open space,environment, and quality of life by those business which are thriving locally. An accurate goal forAlternative A should include all of the goals listed in ED-G1, plus the reference to “strengtheningexisting local industries.”It is equally inconsistent to include Alternative C in policy goal ED-G1. As a ‘free-market’ approachto our future, the County should not be making any judgements about what kind of economicgrowth it will be supporting, and should allow the County’s economic fortunes to rise or fall uponthe whims of the market. There should be no presumption that a less-controlled market will be agood thing for us in Humboldt County.Goal ED-G4 is also improperly omitted from Alternative A, and equally improperly listed forAlternative C. If government is to ‘get out of the way’ of industry, then it should be making nopresumption as to the type of workers that will be needed by industry in the future, nor should ithave any obligation to provide for those industries.ED-G5 falsely assumes that clarity and specificity regarding land use is somehow at odds withtimely and efficient processing of permits. If anything, such clarity should make permittingsmoother. On the other hand, the lack of specificity in Alternative C should be assumed to be arecipe for permitting gridlock when it comes to implementation. G5 should apply to A, and not C.Alternative A should also be assumed to have the most efficient and best planned infrastructure fortransportation and wastewater, where C will be unplanned and inefficient. Thus, G6 should alsoapply to A and not C.We have provided these corrections in the attached table, shown in markup.Sincerely,Mark LovelaceHealthy Humboldt Coalition
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The Healthy Humboldt CoalitionThe Healthy Humboldt CoalitionThe Healthy Humboldt CoalitionThe Healthy Humboldt Coalition The Healthy Humboldt CoalitionThe Healthy Humboldt CoalitionThe Healthy Humboldt CoalitionThe Healthy Humboldt Coalition P.O. Box 1301, Eureka CA 95502 707.822.1166www.healthyhumboldt.org mail@healthyhumboldt.org Table 11-1. Plan Alternatives Comparison Chart PlanAlternativeGoalsStaff Remarks Vote:R,D,M B CED-G1. Stable Economy. To enhance and maintaina diverse, stable, and growing local economy with anemphasis on base and emerging industries, innovation,entrepreneurship, and global competition.See alternativewording belowAED-G1. Stable Economy. To enhance and maintain a diverse, stable, and growing local economy with anemphasis on base and emerging industries, innovation,entrepreneurship, global competition maintain adiverse, stable local economy with an emphasis on and strengthening existing local industries.Plan A alternativewording CED-G1. Que Sera Sera. Whatever happens happens,and we will live with it. A B CED-G2. Broadband Internet. To establish a reliablebroadband internet infrastructure that distributes achoice of economically accessible broadband servicesinto our most rural communities, and is not vulnerableto disruption. Integrate broadband service capabilityinto new buildings and developments. Providebroadband access in remote or rural communities.A BED-G3. Quality of Life. To attract and retain youngtalent by developing vibrant town centers thatincorporate a mix of employment, housing, and retailuses as well as access to child care, transportation, andcultural and natural amenities. A B C ED-G4. Skilled and Ready Workforce. To foster alocal workforce that is prepared to succeed in theindustries growing in Humboldt County, which valuesearly education, vocational training, and lifelonglearning. A B C ED-G5. Streamlining. To implement permitting andlicensing processes that are more responsive to theneeds and timelines of the marketplace, particularly formicroenterprises and home-based businesses. A B C ED-G6. Transportation Networks. To havetransportation facilities that allow freight mobility alongthe interstate highway system and provide connectivitybetween residential neighborhoods and employmentcenters.
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The Healthy Humboldt CoalitionThe Healthy Humboldt CoalitionThe Healthy Humboldt CoalitionThe Healthy Humboldt Coalition The Healthy Humboldt CoalitionThe Healthy Humboldt CoalitionThe Healthy Humboldt CoalitionThe Healthy Humboldt Coalition P.O. Box 1301, Eureka CA 95502 707.822.1166www.healthyhumboldt.org mail@healthyhumboldt.org Table 11-1. Plan Alternatives Comparison Chart A BED-G7. Public Water and Wastewater. To haveand maintain adequate public water and wastewaterfacilities to accommodate workforce housing andprovide opportunities for businesses to grow.A BED-G.8 Natural Resource Assets. To protectproductive agricultural, mineral resource, timber, andcoastal dependent lands.A BED-G9. Brownfields. To clean up and reusebrownfield sites.A BED-G10.Cooperation and Collaboration. To buildand maintain partnerships with cities, neighboringcounties, and the private sector that build and enhancecommon assets and resolve common obstacles.A BED-G11. Economic Development AssistancePrograms. To administer and support financial andtechnical assistance programs that support workers,businesses, and service providers.A BED- G12. Informed Public. To educate Countyresidents of economic trends, emerging markets,innovations and opportunities for entrepreneurshipthat benefit the region’s economic prosperity. C ED-G12. Public kept in the Dark. The public shallhave neither a role nor a voice in our economy. PlanAlternativeDevelopment PoliciesStaff Remarks Vote:R,D,M A BED-P1. Prime Employment Land Protection.Identify and protect prime employment lands fromconversion and encroachment of conflicting uses.B CED-P2. Airport Expansion. Support expansion ofthe airport to include service to major airport hubs andexpanded flight schedules.A BED-P3. Broadband Internet. Promote the provisionof broadband infrastructure in all communities.A BED-P4. Workforce Housing. Promote thedevelopment of workforce housing and mixed-usehousing around multi-modal transportation options.A BED-P5. Child Care. Promote the provision of childcare facilities within business, commercial andindustrial centers and housing developments.
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The Healthy Humboldt CoalitionThe Healthy Humboldt CoalitionThe Healthy Humboldt CoalitionThe Healthy Humboldt Coalition The Healthy Humboldt CoalitionThe Healthy Humboldt CoalitionThe Healthy Humboldt CoalitionThe Healthy Humboldt Coalition P.O. Box 1301, Eureka CA 95502 707.822.1166www.healthyhumboldt.org mail@healthyhumboldt.org Table 11-1. Plan Alternatives Comparison Chart A BED-P6. Revitalization. Promote the revitalization ofunderutilized lands in communities in transition due tothe decline of resource-based industries.A BED-P7. Brownfields. Consider land use designationsfor brownfields to encourage cleanup and reuse.A BED-P8. Commercial and Industrial SitesDatabase. Maintain a commercial and industrial sitesdatabase and continue to improve accessibility toonline information on commercial and industrialproperty.AED-P9. Commercial Retail. Large format “big box”commercial uses shall not be located in theunincorporated area to avoid sprawl.Plan A alternativewordingBED-P9. Commercial Retail. Include standards fordiscretionary review of large format “big box”commercial uses to reduce their land use impact.Plan B alternativewordingCED-P9. Commercial Retail. Include standards fordiscretionary review of large format “big box”commercial uses.Plan C alternativewordingBED-P10. Industrial Parks. Where appropriate,promote development of well planned and designedindustrial parks catering to existing local, as well asoutside opportunities. Encourage masterenvironmental assessments for industrial parks in orderto streamline the subsequent development process.From FrameworkPlan AED-P10. Industrial Parks. Where appropriate,promote development of well planned and designedmultiple-use centers which include industrial,commercial, and residential development within acohesive, walkable area. PlanAlternativeInvestment PoliciesStaff Remarks Vote:R,D,M A BED-P11. Financial Resources. Acquire anddistribute financial resources for workforce training,economic research, infrastructure, and businessdevelopment.B CED-P12. Freight Mobility. Pursue financial andtechnical solutions to provide reliable interstate truckaccess on both U.S. 101 and State Highway 299.
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The Healthy Humboldt CoalitionThe Healthy Humboldt CoalitionThe Healthy Humboldt CoalitionThe Healthy Humboldt Coalition The Healthy Humboldt CoalitionThe Healthy Humboldt CoalitionThe Healthy Humboldt CoalitionThe Healthy Humboldt Coalition P.O. Box 1301, Eureka CA 95502 707.822.1166www.healthyhumboldt.org mail@healthyhumboldt.org Table 11-1. Plan Alternatives Comparison Chart B CED-P13. Broadband Internet. Support thedevelopment and management of a redundant fiberoptic line that connects to the fiber backbone runningalong the U.S. 5 corridor. Support the expansion anddelivery of broadband Internet in the rural or remotecommunities in the county through all appropriatetechnologies.See alternativewording belowAED-P13. Broadband Internet. Support the expansionand delivery of broadband Internet in the rural orremote communities in the county through allappropriate technologies.Plan A alternativewordingA BED-P14. Workforce Housing. Encourage productionof housing at a price commensurate with income levels,and a transportation system to provide efficientconnectivity between housing and places ofemployment to maintain satisfactory commute traveltimes and distances.A BED-P15. Public Infrastructure. Pursue anddistribute funding and technical assistance to upgradeand enhance the water and wastewater facilities ofcommunities.A BED-P16. Brownfields. Pursue and distribute fundingand technical assistance to assess, clean up, and reusebrownfields.PlanAlternativePartnership PoliciesStaff Remarks Vote:R,D,M A BED-P17. Job Growth. Collaborate with economicdevelopment entities in the region to promote jobgrowth, technical innovations, and entrepreneurship inbase and emerging industries.A BED-P18. Workforce. Work with the education andprivate sectors to promote education, vocationaltraining, professional development, and lifelonglearning.A BED-P19. Cities and Counties. Collaborate withcities and neighboring counties to identify andimplement regional economic initiatives that benefitbase and emerging industries.A BED-P20. Child Care. Foster private/publicpartnerships with child care service and informationproviders.
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The Healthy Humboldt CoalitionThe Healthy Humboldt CoalitionThe Healthy Humboldt CoalitionThe Healthy Humboldt Coalition The Healthy Humboldt CoalitionThe Healthy Humboldt CoalitionThe Healthy Humboldt CoalitionThe Healthy Humboldt Coalition P.O. Box 1301, Eureka CA 95502 707.822.1166www.healthyhumboldt.org mail@healthyhumboldt.org Table 11-1. Plan Alternatives Comparison Chart PlanAlternativeImplementation MeasuresStaff Remarks Vote:R,D,M A BED-IM1. Ordinances. Update ordinances related toeconomic development for consistency with the uses ofbase and emerging industries.A BED-IM2. Commercial and Industrial SitesDatabase Mapping. Update the Commercial andIndustrial Sites Database on a two-year cycle andprovide online maps of vacant industrial andcommercial properties using the County’s GeographicInformation System.A BED-IM3. Broadband Deployment. Revisesubdivision regulations to provide infrastructure forbroadband internet.A BED-IM4. Programs. Support technical and financialassistance programs, including delivering capital,technical expertise, and training to businesses startingup and expanding.B CED-IM5. Streamlining. Provide regular review andimprovement of ordinances and permit processes toincrease efficiency and reduce permit processing timesfor strategic targets such as, but not limited to,microenterprises, home based-businesses, andworkforce housing.A BED-IM6. Child Care. Investigate and supportfinancing tools that leverage public and private fundingto increase the establishment, rehabilitation, expansion,and viability of child care facilities.A BED-IM7. Informed Public. Conduct and publiceconomic research relating to emerging markets,innovations, and opportunities in which the region mayhave competitive advantages.PlanAlternativeExisting Framework PlanStaff Remarks Vote:R,D,M D 1. Promote economic development by coordination ofefforts with both local economic developmentorganizations and members of the private sector.Replaced by P16,P17. P18 and P19
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The Healthy Humboldt CoalitionThe Healthy Humboldt CoalitionThe Healthy Humboldt CoalitionThe Healthy Humboldt Coalition The Healthy Humboldt CoalitionThe Healthy Humboldt CoalitionThe Healthy Humboldt CoalitionThe Healthy Humboldt Coalition P.O. Box 1301, Eureka CA 95502 707.822.1166www.healthyhumboldt.org mail@healthyhumboldt.org Table 11-1. Plan Alternatives Comparison Chart D 2. Encourage a diverse range of commercial andindustrial development consistent with communitygoals and the level of services provided in each of thecities and communities.Replaced by G1, P1and P9D 3. Continue to provide for, through General Planamendments and zoning revisions as needed, anadequate supply of commercial and industrial land tomaximize opportunities for development.Replaced by P1, P7,P9, IM1, and IM2D 4. Prevent the loss of designated industrial lands toother uses requiring permanent facilities.Replaced by P1D 5. Ensure that industrial or commercial developmentwhich requires provision for public water, sewagedisposal, roads and other needed utilities and services isplaced in a suitable urbanized area.Replaced by P14D 6. Allow Resource Dependent Industrial uses outsideof urban areas when such uses are:• dependent upon close proximity to resourceproduction lands, and• not dependent on urban services.D 7. Where appropriate, promote development of wellplanned and designed industrial parks catering toexisting local, as well as outside opportunities.Encourage master environmental assessments forindustrial parks in order to streamline the subsequentdevelopment process.Included as P10D 8. Locate commercial development in appropriatecommunity centers that will assist and supplementexisting commercial activity.Replaced by P9D 9. Discourage strip commercial development, whereappropriate.D 10. Encourage the economic opportunities forproduction facilities that efficiently utilize all productsand by-products of forestry, fishery, or agriculturaluses.D 11. Maximize local energy opportunities from therenewable resources found in the County.D 12. Encourage innovative methods for pollutionreduction and waste product disposal and utilization.

The Healthy Humboldt Coalition

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Page 1
The Healthy Humboldt Coalition
P.O. Box 1301,
Eureka CA 95502
707.822.1166
www.healthyhumboldt.org
mail@healthyhumboldt.org
January 22, 2007

All County Supervisors
825 5th Street
Eureka, CA 95502
Re: Request for 60-day review period for General Plan Update documents

Dear Supervisors and Staff,I am writing to request that your Community Development staff provide a 60-day public review period forthe draft chapters of the General Plan, EIR, and ordinances, rather than the 30-day period currently beingprovided.

We believe that this extended review period will provide greater opportunity for public input, willimprove the quality of that input, and will ultimately result in greater public understanding of, andconfidence in, the final General Plan.The December 5 th , 2005 General Plan Update: Status Report and Proposed Work Plan states:The Department will publish hearing drafts of the Plan, EIR and ordinances at least thirtydays prior to Planning Commission and Board review. Updated versions, revised throughpublic hearings, will be published at least ten days prior to Planning Commission andBoard review, unless your Board or the Planning Commission modifies the public reviewtime period.From the December 5 th , 2005 Schedule for the General Plan Update it appears that the revised drafts willtypically be made available at the same time that the initial draft documents for the next group are beingreleased. Similarly, there will likely be some overlap between the hearings on the initial draft documentsfor a given group and the hearings on the revised drafts for the prior group. Both staff and the public willthus have to juggle initial and revised draft documents for two different groups within an overlapping 30-day window. This is simply not enough time for the public’s input to be meaningful, and will likely lead toincreased confusion and decreased confidence in both the process and the product.These grouped chapters for the General Plan are likely to be lengthy and complex, and will requiresignificant time for public review. For organizations such as Healthy Humboldt, we will need time toreview and discuss these documents before we can provide informed and meaningful input in the way ofsuggestions or recommendations. Additionally, time will be needed for us to gather input from oursupporters and from the broader community. We believe that a 60-day review period for the initial draftdocuments will improve the public’s understanding of these documents, provide greater opportunity formeaningful input, and increase the public’s confidence in the resulting General Plan.We are aware that initial hearings on the first two Chapter Groups are already being scheduled, and thatthis 60-day review period simply could not be accommodated for these groups without creating asignificant delay. Due to this, we believe that it would be prudent and reasonable to accept the 30-dayreview period for these first two groups and move towards the 60-day review period beginning with Group3 or, if that cannot be accommodated, Group 4.We thank you for considering these comments.

Sincerely,Mark LovelaceHealthy Humboldt Coalition

It is interesting to read this now - knowing now that Mark Lovelace was being paid to be Healthy Humboldt, though he only lists his usual title, the "president" of "Humboldt Watershed Council." Now he has stated that "Healthy Humboldt" is a "project of "Humboldt Watershed Council." And that the $125,000 grant that paid his salary to attend meetings, and lobby extensively for changes to the General Plan Update came from the Resources Defense Fun Foundation. The grant, however was paid to Humboldt Watershed Council, a 501(c)(3), forbidden to actively seek to change public policy. So in funneling the money into "Healthy Humboldt" you could say he was effectively cheating the tax system.

The Healthy Humboldt Coalition
P.O. Box 1301, Eureka CA 95502 707.822.1166
www.healthyhumboldt.org mail@healthyhumboldt.org
Op Ed By Mark Lovelace
Our Future is at Stake
The County General Plan Update is an opportunity for us to define our vision for Humboldt County’s
future. Do we want to preserve our unique local character and quality of life, or do we want to grow into
something else? This is not merely a discussion about where new homes will go, but of how much
population growth we want to invite. It is a reciprocal process, where the amount of growth we plan for
will largely dictate the amount of growth we receive. If we carve out room for 63,000 more people, they
will come. In a fast growing state, it's a self-fulfilling prophecy, and the stakes for Humboldt County
couldn’t be higher.

The County has produced 4 'sketch plans', outlining different concepts for future growth. These include a continuance of the County's existing 1984 Framework General Plan, an ‘Expanded Growth’ plan which converts more of our resource lands and natural areas to subdivisions, a 'Focused Growth' plan, which protects these open space lands by promoting higher development potential within our existing communities, and a 'Mixed Growth' plan. This last plan offers some improvements over the existing plan, but it would ultimately allow the largest overall increase in population growth.

Recently, a proposal was introduced by a group calling itself HELP (Humboldt Economic and Land Plan), which is backed by real estate and development interests. At the core of the HELP proposal is a fourfold increase in the rate of population growth. The County has projected a growth rate of .5 percent (half of one percent) per year for the next 20 years. HELP wants the County to plan on growth of 2% per year, fully four times as much. Compounded, this calculates out to a population increase of almost 50% in just 20 years, from 130,000 to 193,173. That's over 63,000 more people.

The HELP plan would mean as many as 32,000 new homes added to our landscape (versus the County’s current projection of 5,900). The County also projects that only 5,095 of those new homes could be accommodated in our existing cities and sewered areas, leaving nearly 27,000 new homes that would have to be built in rural areas. Using the County’s average of 5 acres per dwelling unit in rural areas, the HELP plan would consume 135,000 acres of working open space and resource lands.
Healthy Humboldt has a different vision for our future. Healthy Humboldt is a coalition of individuals, business owners, and community and environmental organizations. Our vision centers around preserving Humboldt’s unique quality of life, protecting our environment, and strengthening our local economy. Our coalition seeks to maintain Humboldt’s rural, ‘small town’ character, with separate and distinct communities. We seek to preserve the wild and working open spaces which provide both an important part of our economic base and the scenic backdrop for our communities. We envision creating a truly
sustainable relationship between our natural environment and our economy.

Healthy Humboldt is working for a County General Plan that will focus new growth into our existing communities, preserve open space, reduce County infrastructure costs, provide certainty and predictability for builders, and maintain our small-town character. This community-centered approach will enhance our neighborhoods, strengthen our local economy, and protect the County’s bays, rivers, streams, and natural landscapes.

The Healthy Humboldt Coalition
P.O. Box 1301, Eureka CA 95502 707.822.1166
www.healthyhumboldt.org mail@healthyhumboldt.org
Healthy Humboldt’s Guiding Principles are:
Maintain separate and distinct ‘small town’ communities with a variety of cultural and recreational
amenities, surrounded by wild and working open spaces.
Restore a sustainable relationship with our natural environment to provide for clean water, fish
and wildlife, scenic beauty, and natural resources.
Promote housing, education and health care to meet community needs throughout the County.
Reduce County infrastructure costs by channeling new growth to existing cities and communities
currently served by water and sewer.
Support locally-based businesses and industries.
Ensure a locally sustainable energy future.
Provide clear and concise County land-use policies for the public.
There is a fundamental difference between planning and reacting. Healthy Humboldt’s careful planning
approach is to look at the road ahead and ask ourselves “What’s our destination, and how do we get
there?” The reactionary approach looks at the road ahead and simply asks “How many lanes do we
need?”

We can build a future of our own design, but it will take the help and support of Humboldt County’s
residents. If you share our vision, please join us in working toward a healthy Humboldt County.
Mark Lovelace is the President of the Humboldt Watershed Council. For more information, please check
the Healthy Humboldt website at www.healthyhumboldt.org.

One-on-one with Mark Lovelace

One-on-one with Mark Lovelace
by Glenn Franco Simmons

The Eureka Reporter

(Editor’s note: In last week’s Eureka Reporter, there was a story about
The Pacific Lumber Co. that featured an interview with PALCO President
and Chief Executive Officer Robert Manne. This week’s story features an
interview with Mark Lovelace of the Humboldt Watershed Council.)

The Humboldt Watershed Council said it would like to support The Pacific
Lumber Co., but it finds itself unable to do that.

“We would love to see PL be a company that we could support and get
behind,” said watershed council President Mark Lovelace, “because timber
is an important part of our economy up here. Unfortunately, there are
some long-standing issues with Pacific Lumber Co. that make that an
uphill battle.”

Part of the problem, Lovelace said, is flooding in the Freshwater and
Elk River watersheds.

“The watershed council and residents of Elk River and Freshwater have
been dealing for years with the impacts (of logging),” he said. “There
have been the damages caused by flooding that these residents have been
suffering from. There are people in these watersheds who have boats who
only use them for getting around when it floods.”

Lovelace said it takes about 1.24 inches in a 24-hour period to flood
some areas of these watersheds — and, it causes significant problems for
some residents.

“It causes damage to people’s homes, their foundations, vehicles, septic
systems and wells,” he said. “When a septic tank is flooded and you have
a well on your property, then you have just got septic contamination in
your well. People have been told by the (county) Health Department that
any time it floods, they need to put on waders, rubber gloves and masks
and scrub their whole house out because they have septic contamination
in it.

“And there are people in these watersheds who have taken to keeping a
Sharpie around so that every time it floods, on their door jam they keep
track of the height of the flood.”

Lovelace said there is one house that is more than 100 years old that
has recordings of floods in it.

“It has markings from the whole 100-year history,” he said. “Almost all
the marks have been from the last 15 years, so it (flooding) is a real
serious problem.”

Lovelace said the cause of the flooding is overlogging.

“The watershed council and residents of Elk River and Freshwater have
been dealing for years with the impacts: the flooding and damages caused
by the flooding,” he said. “They first started noticing problems with
the river and Freshwater Creek in the early 1990s and formed a group
called the Friends of Freshwater.

“It wasn’t until 1996 that things really got to be too bad. At that
point, residents in both of these watersheds started forming, in
conjunction with some other people, what became the Humboldt Watershed
Council, in 1997.”

The organization started going to various agencies involved in the
timber harvest approval process.

“They started going to the Board of Forestry, with an emergency petition
that went no where,” Lovelace said. “They went to CDF, likewise, which
didn’t do anything about it (flooding). They really had a huge learning
curve about what these agencies will or won’t do. And they started going
to the regional water board.”

The water board began looking at watersheds in total and said there were
problems from cumulative logging that caused increased sedimentation
but it wasn’t only in Freshwater and Elk River watersheds, Lovelace
said.

“It was Freshwater, Elk River, and Bear, Stitz and Jordan creeks,” he
said. “They called them the five watersheds. Along with being impacted,
what these five watersheds have in common is that they are all owned in
the majority or completely by The Pacific Lumber Co.

“Flooding used to happen, on average, maybe twice a decade. It is now
happening as often as four or five times a year. Over all these years,
they have yet to get any relief from this flooding. The agencies have
studied the issue, they have looked at it for many years. The water
board has an appointed board that presides over the staff, and the board
has been convinced by PL and others that their (water board) staff was
out of line. Their staff was saying the problem was that there was too
much timber harvesting, and the board didn’t believe them for a long
time.

“It took years and years of research,” Lovelace said. “The board had
lots of independent studies done. They commissioned independent
scientific review panel reports and they tried to facilitate mediation
between the residents and PL, which failed because PL said they would
not allow any discussion of the rate-of-harvest issue. The rate of
harvest was just off-limits.”

The flooding, Lovelace said, can be traced back to when PALCO was first
acquired by MAXXAM.

“MAXXAM was an investment company,” he said. “They had no background in
timber. They knew nothing about timber harvesting, so one of the first
things they did after acquiring PL was to hire a consultant called
Pacific Meridian Resources to study what they had acquired and how they
should run the business.”

Lovelace said PALCO then became a company that would start liquidating
its timber resource with heavy logging and high employment. He claimed
PALCO knew that down the line, its rate of harvest would lead to less
logging and less employment, meaning mills would have to shutdown and
employees be laid off.

“After the 1985 takeover by MAXXAM, PL’s rate of harvest increased
dramatically,” according to a handout Lovelace gave The Eureka Reporter.
“By 1999, it had skyrocketed to 10 times PL’s historic average, and
three times PL’s previous highest rate ever.

“CDF later reduced that rate somewhat to the current 500- and 600-acre
caps in Freshwater and Elk River, respectively, but those rates are
still four times the historic average and 50 percent greater than PL’s
highest-ever pre-MAXXAM rate.”

The watershed council said the current timber harvest rate is high and
comes “on top of the devastation already caused by the even-higher rates
of the 1990s.”

“Effectively, CDF responded to the designation of these watersheds as
impaired by granting PL a rate of harvest that was higher than they had
ever been subjected to in the 135 years before MAXXAM took over,”
according to the handout. “This rate of harvest was driven by a plan to
maintain not pay off the debt that had been incurred through
MAXXAM’s leveraged buyout of the company.

“Since 1986, a steady ‘upstreaming’ of $100 million per year to MAXXAM
kept PL bordering on the brink of bankruptcy. The only significant
payment towards principal occurred when MAXXAM sold off PL’s cutting and
welding division and gutted the employee retirement plan, netting some
$431 million. Even then, the majority of this profit went straight to
MAXXAM.”

In 1993, the council said, MAXXAM refinanced its debt, taking hundreds
of millions of dollars out of the company while returning the debt to
its 1985 level.

“In 1998, MAXXAM refinanced again,” the handout stated. “This time they
mortgaged all of the company’s timberlands, leaving PL in as much debt
as ever, but minus its greatest asset.

“The significance of this arrangement is two-fold: First MAXXAM used its
increased rate of cut as a way to show a track record of growth before
making a public offering. At the same time, MAXXAM lobbied CDF that they
need a high rate of harvest to meet their outstanding financial
obligations.”

The council said PALCO is structured so that its profits flow to MAXXAM
“while (it) remains on the edge of bankruptcy.”

Lovelace said the net result is that MAXXAM has intentionally
manipulated PL into a precarious financial situation so as to guarantee
a steady income stream and to ensure that state regulatory agencies
won’t curtail PALCO’s rate of harvest, for fear of economic hardship.

“You’ve got a resource that is renewable but it only renews at a certain
rate,” he said. “Trees only grow so fast. If you log in excess of that,
you can’t sustain it. The more you log upfront, the more of a decline
you are going to have further down the line.”

Lovelace said PL is cutting too much by selectively logging an area and
then going in 15 years later and harvesting the rest of the lumber.

“When you are talking about trees that should have a lifecycle of around
600 years, the idea that a 15-year difference in age qualifies for
uneven-aged harvest (is incorrect),” Lovelace said.

He said the net effect of such logging “means there is little
harvestable timber” that PALCO is logging.

And it’s the cumulative impact of logging on multiple timber harvest
plans in single watersheds that has Lovelace and others concerned. He
said CDF looks at each harvest plan as an isolated plan, rather than
contributing to a cumulative effect in a watershed.

“They (CDF) keep approving each timber harvest plan based on one timber
harvest plan; meanwhile, their stack of plans to approve keeps growing
and they are not looking cumulatively at all of these timber harvest
plans having an impact. They claim to, but they simply don’t have a
mechanism to do that. CDF does not even have a desire to look at
cumulative impact.

“CDF is supposed to regulate the impact of timber harvesting and they
have to protect the public interest, but at the same time they are
supposed to be advocates for and facilitate timber harvest plans. You
can’t really do both, so they typically, consistently, opt for
facilitating and advocating for timber harvesting.”

Visit us at http://www.ourhumboldt.org

This message came to you from the Alliance for Ethical Business. This list is intended to serve exclusively as an information and organizing tool for building a strong volunteer base to promote corporate and civic responsibility.

Ken Miller Op-Ed - He really wants his Palco suit to keep going

Real value of DA's suit vs. Palco yet to come?
Ken Miller for The Times-Standard
Article Launched: 02/03/2008 01:30:26 AM PST

Your editorial of Jan. 25, “An end to the saga,” criticizes Mr. Gallegos instead of the court's decision, or Maxxam.

It is ironic that the Times-Standard blames Mr. Gallegos for an “ill-thought-out attack on Humboldt County's historical way of life, and on one of the county's main economic engines.” Isn't it Hurwitz who is attacking? After all, the Headwaters Deal secured for Hurwitz a billion-dollar refinance that our watersheds could not afford, with bankruptcy of that venerable “engine” -- and our watersheds -- as the predicted results.

Does anyone doubt Pacific Lumber committed fraud? How else do you so deplete such a rich resource so rapidly, and wreak so much social, economic and environmental havoc, and get away with it?

The court's decision in the Pacific Lumber case crystallizes a frightening expansion of the “right to lie,” so that the successful cheater (as opposed to one who is caught during the proceeding) is immune from any legal consequences for lying in most government proceedings. The rationale is that the protection of free speech, and finality in permitting processes, are worth the damages resulting from undetected deception.

Responsible

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government agency personnel, already stretched beyond their limits, rely upon compliance with laws that deter, not encourage fraud.
PL is now trying to use the court's decision to stop the Water Board from regulating them. The court concluded that if any part of the state government agreed to the deal, all parts are presumed to have agreed, and therefore must defend it -- including the Water Board, which disagreed, and has been trying unsuccessfully to make PL do something about the nuisance flooding in Freshwater and Elk River.

Analogously, the court determined that as part of the government, the DA -- who never participated in any part of the Headwaters proceedings -- was obligated to have discovered the alleged fraud and to have acted during the Draft Environmental Impact Report (DEIR) or forever defend, not attack, the deal. The implications of this are alarming, especially if fraud is involved.

It is also disturbing that the court's determination -- that PL's lobbying efforts, not the alleged fraud, resulted in the company's success in obtaining a sustained yield plan (SYP) with harvest volumes that finally finished off the company and our watersheds -- was based on fundamental misunderstandings of fact by the judges that could have been avoided in a fair trial.

PL allegedly hid significant new information that proved that their proposed SYP harvest rates would violate water laws, in order to avoid having to recirculate the DEIR, thereby allegedly depriving the public of a legitimate process.

PL had the information over six weeks prior to submitting it, according to the consultant who analyzed the actual data. When PL did turn it in, to officials uninvolved in the process, it was too late to influence the DEIR, which was therefore based on incorrect landslide data. The court did not understand the significance of this.

Recirculation would have meant that all the scientists, agencies, affected residents and interested public weighing in on PL's harvests rates, methods, and proposed mitigations, would have had powerful, irrefutable evidence from PL's own surveys and consultants that PL's proposed logging plans in the SYP were unsustainable and unlawful.

The Mutual Defense Pact (MDP) of the Headwaters Agreement bound the resource agencies to defend the agreement instead of the people, so our government personnel collaborated with PL to avoid the time-consuming recirculation, and keep the March 1 deadline.

Although the political momentum for a Headwaters deal was enormous, PL's lobbying efforts allegedly would have been thwarted by a reanalyzed EIR containing the “corrected” landslide conclusions from Jordan Creek, according to then California Department of Forestry (CDF) chief Richard Wilson.

Soon after the deal was signed, Jim Branham, a key figure in the Headwaters Deal for the California Resources Agency, and Craig Anthony from CDF, joined the PL team, both from lead agencies for the state in the EIR process.

The Appellate Court misconstrued the agencies' roles as independent and unconflicted; but in compliance with the MDP, these agencies have defended PL from the opposition of their critics, including affected watershed residents and others, agency personnel and the DA.

The real value of the suit, and of Mr. Gallegos' foresight in clarifying the damaging consequences of this immunity to our watersheds and workforce, will be if the Legislature makes a “successful” cheater liable, not immune, allowing government to protect us effectively. The court's decision included that advice from the state Supreme Court.

Ken Miller lives in McKinleyville.

Gallegos takes on PL

District Attorney Paul Gallegos has come out with both guns blazing in a case filed against the Pacific Lumber Co. earlier this week.

In essence, the case alleges that the company and several of its subsidiaries hid scientific data that could have led to a curtailment of logging on its timberlands.

The DA's office is contending that the company lied in its representation of the severity of landslides in Jordan Creek, located upstream of Humboldt Redwoods State Park. The office also says the company suppressed the distribution of several key environmental documents.

Gallegos is seeking $250 million in restitution for the alleged violations.

Local environmentalists are ecstatic.

"I'm flying. This is the best thing that has ever happened," said Ken Miller, a member of the Humboldt Watershed Council, and a longtime opponent of PL, in a phone interview Tuesday. "My god, finally we have a champion who has some power."

When Gallegos came into office he sent out a letter to many of the local environmental and property rights groups, saying that he believed it was his duty, under California's constitution, to enforce certain environmental laws and asked for any input the groups thought would be helpful.

The DA's office declined to comment on the case, citing ethical rules that prevent them from biasing anyone against their opponents. Pacific Lumber could not be reached for comment.

Gallegos' action comes less than a week after he vowed to the Journal that his office would not sit idly by if environmental laws were being trampled (see "Fresh Air," Feb. 20).

NCJ - Activist must pay fees

Activist must pay fees

Local activist Bob Martel received an expensive setback this week in his ongoing battle against Pacific Lumber and its parent company, MAXXAM. The 5th Circuit Court of Appeals rejected Martel's appeal to an earlier decision in MAXXAM's favor and ordered him to pay the company legal fees of more than $110,000.

The case concerns the failure in 1988 of a savings and loan association in which MAXXAM and its chairman, Charles Hurwitz, were investors. Martel contends that Hurwitz exercised control over the company; Hurwitz denies the charges. Related cases are still pending, but the court ruled that Martel's case was "frivolous."

Martel disputes that claim, saying that the suit cost him $250,000 and took five years of research. That, he said, "doesn't actually fit the definition of frivolous."

As to how he might pay the legal fees awarded by the court, Martel said he hasn't earned "more than six thousand dollars in a year in recent memory"

MAXXAM spokesman Josh Reiss said that the corporation intends to pursue the claim.

NCJ - Order to pay attorney fees (Bob Martel)

An interesting piece of the puzzle. The genesis of Humboldt Watershed Council? A failed lawsuit, the first of many.

Order to pay attorney fees

A taxpayer and a local nonprofit group have been ordered to pay legal fees for two separate lawsuits involving Pacific Lumber and its chief stockholder, Charles Hurwitz.

In 1995, Humboldt County resident Robert Martel filed suit against Hurwitz, alleging he had defrauded the federal government of $1.6 billion in the collapse of the United Savings Association of Texas 11 years ago, according to a report in the Times-Standard. Now Martel has been ordered by U.S. District Court Judge Lynn Hughes to pay Hurwitz' $110,123 in legal fees and expenses.

Hughes ruled that Martel's suit was "abusive litigation" because Martel had based much of his suit on information garnered from newspaper reports. Hughes also said Martel, who had filed the suit as a taxpayer, lacked standing to sue on behalf of the federal government.

Neither Martel nor Hurwitz could be reached for comment.

In a separate case, the Garberville-based Environmental Protection Information Center was ordered to pay Pacific Lumber $17,731 in legal costs as a result of a June 1997 lawsuit. EPIC sued PL in March of 1995, maintaining that the California Department of Forestry should have prepared an environmental impact study before it granted the company a salvage-logging permit for spotted owl habitat now protected as part of the Headwaters Reserve.

EPIC spokesperson Kevin Bundy said U.S. District court judge Louis Bechtle dismissed the suit because EPIC "couldn't convince the court (salvage logging) would violate the endangered species act."

John A. Campbell, PL president, recently issued a statement saying PL is entitled to the court costs.

"The favorable court ruling highlighted that salvage and other logging would not cause a take of endangered species," he said. "The court ... made clear in this case that endangered species would benefit from the working relationship developed by Pacific Lumber, federal wildlife agencies and the California Department of Forestry."

Bundy said the amount EPIC must pay is a fraction of the $700,000 PL originally requested to cover fees.

IndyBay - BACH Press Release

Community Residents Challenge Maxxam/Pacific Lumber's Smear Campaign
by Repost - BACH press release Tuesday, May. 06, 2003 at 9:22 AM
(510) 548-3113
Timber Company Branding Young Forest Protesters as Terrorists

Humboldt county, California: More than 60 doctors, lawyers, City
Council members, clergy and local residents from this rural community
have called for the cessation of ads broadcast on radio, tv and
newspapers by Maxxam/Pacific Lumber. The ads attack protesters
carrying out acts of civil disobedience against unsustainable logging
as terrorists, accusing them of "terrorizing innocent people",
urging those listening to the ads to "protect our fundamental
freedoms and rights". Their attempts to whip up public sentiment
against those who would oppose their management practices have the
backdrop of an already polarized environment, since PL's over-cutting
has put many people out of work in this timber-dependant community.

But as tree-sitters have been plucked from high altitude perches in
giant old growth redwoods by contract climbers hired by PL to
essentially carry out law enforcement activities, using pain
compliance holds and binding activists' ankles and wrists upwards of
150 feet off the ground in the branches of giant old growth trees,
the activists argue it is their rights at risk. In fact, in an
appeal of a judge's siting of an upcoming jury trial over police use
of pepper spray on protesters staging a sit-in protest in Humboldt
county, lawyers argued a fair trial is impossible in a "hotbed of
prejudice" created by the timber company's smear campaign.

Signers of the letter to PL pres. Robert Manne and Maxxam CEO Charles
Hurwitz also decried the use of images of Martin Luther King Jr. and
Gandhi in their ads as well as rhetoric trivializing the horror of
the Sept. 11 attacks by drawing parallels with non-violent forest
defense. Though civil disobedience actions in the long forest
campaign have remained non-violent, the signers say the protester's
tactics are not at issue-it is the highly-charged propagandistic
language attempting to create ill will toward protesters, and some
fear, incite violence. A letter with 60 signers (and growing) asks
Manne and Hurwitz " stop producing media material" making the "claim
that civil disobedience is an act of terrorism."

Tree-sitters are not alone in challenging PL's practices that are
laying bare steep hillsides, causing floods and degrading water
quality to the point where PL was ordered to truck in drinking water
to residents whose household sources had been rendered non-potable.
Local residents have traveled to water quality agency meetings with
photos of their flooded-out homes, and pointed to huge old growth
redwoods that have lost their footing and come down in protected
parklands downstream from PL's logging operations, threatening the
other principal economic base on California's north coast: tourism.

In addition, major lawsuits are in the courts challenging the tenants
of the Headwaters deal, which netted what PL pres. Manne called
"regulatory certainty", making their logging operations more
difficult to challenge. In a move that stunned the company and
garnered widespread community support, the county's newly elected
District Attorney in February filed a $250 million lawsuit against PL
alleging fraud in eleventh hour negotiations of the Headwaters deal,
yeilding PL a higher rate of harvest than would have been the case if
all pertinent data was taken into account.

PL has reacted to D.A. Paul Gallegos' lawsuit by launching a recall
campaign against him, and to the tree-sitters by flooding media with
smear ads. The tv, radio and print ads can be accessed at
http://htiac.tripod.com, and footage of risky extraction of
tree-sitters by PL contract climbers can be viewed at:


http://www.homepage.mac.com/davidhowitt/menu5.html

Click on "Safety Concerns".

add your comments
more lies
by The Rabbi Tuesday, May. 06, 2003 at 10:07 AM


All of the people that signed this letter have long had it in for thr pacific lumber company. The people listed in the letter are not being drawn togeather for the common good of the community, but rather another frontal assualt on P.L. Ellen taylor has sued P.L. many times, michal evenson is a whack job, tim mckay we all no where he butters his bread, Liz finger go figure, patty don't spray me clary and crazy ken miller and last but not least Mayor Bob I got a water quality violiation at my brewery Ornealas. With all these people's sincerely signed names who needs any enemys. When will you guys learn that you can't hide a sheep in wolfs clothing. See you in round three jerk.
add your comments
Maxxam out
by resident Tuesday, May. 06, 2003 at 10:22 AM


Actually, it was Maxxam that "had it in" for Pacific Lumber, and Hurwitz will be the final victor as he drives this once sustainable company into the ground.
add your comments
Will they?
by Free Thinker Tuesday, May. 06, 2003 at 10:44 AM


Will any of the people who signed that letter also sign a declaration denouncing Rod Coronado for his record of arson and threats, and admonishing demonstrators that nonviolent civil disobedience does not include harrassment and intimidation? It would greatly increase their credibility, but I doubt we'll ever see it. Their agenda is not to bring civility back into the debate, but to enable Earth First.
add your comments
OUCH! That's my neck you're stepping on
by Ox is a goon Tuesday, May. 06, 2003 at 11:28 AM


As you watch the extractions, and see PL's hired climbers kick, step on, constrict circulation, bend back thumbs and fingers, and hang tree-sitters upside down by one leg, you will not be confused as to whom lacks civility.
add your comments
Show me
by Free Thinker Tuesday, May. 06, 2003 at 1:17 PM


On the PL newspaper ad, please show where Mohandas Gandhi, Martin Luther King, or Rod Coronado were quoted inaccurately. And what would the Gandhi and King foundations think of their ideals being invoked by a group of "forest defenders"that embraces the likes of Rod Coronado and tactics including assault, intimidation, and sabotage? Are they aware of that? How on Earth can anyone say that "forest defenders" tactics are not at issue? They are simply trying to evade responsibility for their own actions.
add your comments
Gandhi's son
by Santa Rosa man Tuesday, May. 06, 2003 at 1:36 PM


Gandhi's son (may have been nephew) was quoted several years ago in the Press Democrat when David Chain died about the tree sitters/forest defenders tactics. He said that what the tree sitters were doing was not in keeping with the practices of the Mahatma.
add your comments
Ox is a goon
by Same old B.S. Tuesday, May. 06, 2003 at 6:44 PM


Hey goon,
Would it be alright if I came over to your front lawn. I would like to set up camp there to protest the likes of you. better yet, let me build a platform on top of your house or teepee, whatever it is that you live in.
add your comments
Freedom of speech
by Enviro's Off the air Tuesday, May. 06, 2003 at 6:55 PM


It seems that the enviro's can't afford much air time to show the so called smear-ads. I just wanted to see what the enemy had put together. Unfortunately I will have to come back later for they used up their bandwidth time. I wanted to see what the enviro's had as far as video on the so called illegal removal of treesitters. But again, no show. I guess they want to blow smoke to the public just as they always have.
add your comments
Talk to the Residents
by Ox is a goon Tuesday, May. 06, 2003 at 8:00 PM


Does PL pay you people to monitor this site? You can "roof-sit" on my house if I am trashing the water qualilty of the neighboring properties, or creating situations where neighboring houses might be wiped out entirely. Their are people who live downstream from PL who have lost their water quality, have lost their swimming spots, have lost their fishing holes, and are watching their property values plummet because of the degradation of the watershed where they live. They are too old to sit in trees. Do you want to defend PL's liquidation logging to them? When they have two foot high water marks in their living rooms? Maybe it is all some abstract notion to you, but to the residents in Freshwater, or for those in Elk River, where PL has to deliver their agricultural and drinking water because they have completely trashed the water quality it is a very REAL and DAILY issue. Quote your bullshit "scientists" all you want. The people who live here have to live with it daily.

Why don't you get off your computer and go talk to the residents who live in Freshwater and Elk River Watersheds, and see what the REAL experts have to say. Then go update your resume, Jim Bob.
add your comments
"Experts" vs Facts
by Free Thinker Wednesday, May. 07, 2003 at 8:11 AM


So scientists that disagree with Ox are "bullshit." Sounds like somebody doesn't want their precious preconceptions disturbed with facts. Like the legacy of damage done to Freshwater watershed done by the good little eco-groovy pre-Maxxam PALCO with their outdated practices. Check the airphoto record to see what I mean. Or the fact that repairing the legacy damage on an incremental basis is a condition of PALCO getting THPs approved.
If day-to-day experience made us experts, we'd all be urologists.
add your comments
Free Thinker
by Free Tinkler Wednesday, May. 07, 2003 at 2:12 PM


I sure would love to drain my bladder on you.
add your comments
Sorry. Not gonna happen.
by Free Thinker Wednesday, May. 07, 2003 at 2:39 PM


Proposition declined.
add your comments
legacy logging practices
by Scott Wednesday, May. 07, 2003 at 3:47 PM


P.L.'s legacy rationale for the recent trend of increased flooding Freshwater and Elk R. has been thoroughly debunked by the regional board staff, the redwood science lab, the residents of Freshwater and Elk R., and most recently by the independent science review pannel whose membership was agreed upon by P.L. P.L. knew this and dragged it's feet for years by refusing to do meaningfull monitoring of suspended sediments. They know such monitoring will prove what the residents have known for years , that even age harvesting practices on the steep slopes of their watersheds result in the transportation of fine sediments from the hillsides into their homes. This is not from legacy logging, this is from unprecedented canopy removal done recently. Road repair though essential is not enough to bring P.L. into compliance with the clean water act. l
add your comments
Canopy Fallacy
by Free Thinker Wednesday, May. 07, 2003 at 4:48 PM


The canopy argument is based on an incorrect extrapolation of rainfall interception during small storms to rainfall interception during large storms. The conclusion of the UC Team reviewing the Freshwater flooding issue was that canopy loss has a relatively minor effect on peak discharge. They also concluded that skid trails and compacted soils have a much more profound effect on hillslope hydrology and the effect is even greater during larger storms. Unfortunately, much of the recent pre-HCP harvest was also done using tractor yarding, so you can still draw an apparent (but not real) correlation between canopy loss and hydrologic changes. And the legacy effects of the skid trails and abandoned roads will last for decades. Recent independent work on abandoned roads in Redwood National Park (cited by the WQB review panel) shows that abandoned roads 30-50 years old generate from 3 to 10 times more sediment than decommissioned roads. And you want to say that legacy effects are "debunked"?? In case you didn't notice, the WQB review panel also pointed out the fallacy in Leslie Reid's method for calculating sediment yield from on-going logging. Be careful what literature you cite, Scott. Somebody else might actually have read it.
add your comments
legacy logging practices
by Same old B.S. Wednesday, May. 07, 2003 at 5:13 PM


Hey scott,
Number one; the water board staff was hand in hand with the terrorist. They refused to hand over documents that supported P.L. to the water board in Santa Rosa. They (staff) was caught not once but three different times in fibs to the Board members on what was really taking place in Freshwater. Second; The Science panel was onsite for just one stinkin day. And the staff didn't hand over data to the panal from P.L. so it was stacked in favor of eco terrorist. And monitoring, Staff didn't even tell the water board that P.L. was doing 170% of monitoring. Why I can say this, I was there at the meeting when staff made a fool of the water board.

add your comments
WQB terrorists?
by Free Thinker Wednesday, May. 07, 2003 at 5:57 PM


Going a tad far, don't you think?
add your comments
Convergence
by William Blake Thursday, May. 08, 2003 at 8:04 AM


The chasm between the two dogmas expressed here will never be closed. There are too many folks on all sides who rely on the split community for their position in society. Let those who are not so entrenched realize the willful manipulation of others by such people and resist adding to the division of the community.
add your comments
WQB terrorists?
by Same old B.S. Thursday, May. 08, 2003 at 5:17 PM


Not really Free Thinker. At the meeting there was eye winks and pats on the back, hugs with the likes of Wrigley, Miller, Elkins from EPIC with members of the staff. Exchanges of notes between the two was very open. If that's not hand in hand, I don't know what is. Both had the same goal and that was to shut down logging. Miller made that very clear. The Board members in Santa Rosa I feel was left out of the loop with it's staff.
add your comments
Distinctions
by Free Thinker Thursday, May. 08, 2003 at 6:32 PM


What you're describing is certainly a breach of professionalism on the part of the WQ staff. And the people you listed certainly represent the bureaucratic arm of Earth First (EPIC, NEC, Humboldt Watershed Council, etc.). But short of the type of sabotage, threats, assaults, and intimidation that's been going on up on the hill, we don't need to describe what they're doing as terrorism. They will never denounce any of those acts, though, because they want to protect their cronies.
add your comments
WQB terrorists?
by Same old B.S. Thursday, May. 08, 2003 at 8:28 PM


I didn't mean to imply that the staff were terrorist, a little misguided maybe. I was just saying that they were just a little too cozy with the otherside. If you look at the comparison between the WQ staff and Gallegos, I would say that the tatics are similar between the two. Both parties were a little misguided by these people of slick talking on bogus topics.
add your comments
Recall of Gallegos
by concerned Saturday, Jun. 14, 2003 at 6:19 PM


Does anyone know where I can sign the petition to oust Gallegos? After reading the news today about the sentence the two people that shot into 12 houses received, I am convinced we have a soft bellied liberal DA who is not going to be aggresive in halting violent crime. He needs to be sending a clear message that violent crime will not be tolerated in our community and anyone commiting violent crime will be prosecuted to the full extent of the law. Im sure our law enforcers would agree with me. We need leadership from the DA , not liberal politics!

asje.org/houston.html

A virtual lineup of activistcash's favorite subjects - and lookit that - asje is after Maxxam...

http://www.asje.org/houston.html

Houston Principles
of the
Alliance for Sustainable Jobs and the Environment

Preamble
On May 19, 1999, environmental and labor leaders confronted CEO Charles Hurwitz in Houston to demand that his Maxxam Corporation, which owns Kaiser Aluminum and Pacific Lumber Company, be held accountable for its impact on working people, communities and the environment.

By clear cutting ancient redwoods in Northern California, and by locking out striking steelworkers in five cities, the Maxxam corporation and its subsidiaries, Pacific Lumber Company and Kaiser Aluminum Corporation, have become icons of corporate irresponsibility.

Recognizing that we have a common interest in making corporations more accountable for their behavior world wide, environmental and labor leaders have formed the Alliance for Sustainable Jobs and the Environment and circulated the following statement, dubbed the "Houston Principles."

Whereas:
• The spectacular accumulation of wealth by corporations and America's most affluent during the past two decades has come with a huge price tag.
•
• Corporations have become more powerful than the government entities designed to regulate them.
•
• The goal of a giant, global corporation is to maximize wealth and to wield political power on its own behalf. Too often, corporate leaders regard working people, communities, and the natural world as resources to be used and thrown away.
•
• Recognizing the tremendous stakes, labor unions and environmental advocates are beginning to recognize our common ground. Together we can challenge illegitimate corporate authority over our country's and communities' governing decisions.
•
• While we may not agree on everything, we are determined to accelerate our efforts to make alliances as often as possible.
•
We believe that:
• A healthy future for the economy and the environment requires a dynamic alliance between labor, management, and environmental advocates.
•
• The same forces that threaten economic and biological sustainability undermine the democratic process.
•
• The drive for short-term profits without regard for long-term sustainability hurts working people, communities, and the earth.
•
• Labor, environmental and community groups need to take action to organize as a counter-balance to abusive corporate power.
•
The environmental and labor advocates who have signed these principles resolve to work together to:
• Remind the public that the original purpose behind the creation of corporations was to serve the public interest - namely working people, communities, and the earth.
•
• Seek stricter enforcement of labor laws and advocate for new laws to guarantee working people their right to form unions and their right to bargain collectively.
•
• Make workplaces, communities and the planet safer by reducing waste and greenhouse gas emissions.
•
• Demand that global trade agreements include enforceable labor and environmental standards.
•
• Promote forward-thinking business models that allow for sustainability over the long term while protecting working people, communities, and the environment.
•
This ground-breaking alliance of labor and environmentalists invites all people to join with us in a spirit of creative cooperation. Together, we can forge a partnership that protects people and the planet.
Signed:
ENVIRONMENT

Bruce Hamilton
Conservation Director
Sierra Club

Paul Hawken
Author

David Brower
Brower Fund

John A. Knox
Executive Director
Earth Island Institute

John Cavanagh
Director
Institute for Policy Studies

Michael Renner
Senior Researcher
Worldwatch Institute

Richard Drury
Acting Executive Director
Commentates for a Better Environment

Juliette Majot
Executive Director
International Rivers Network

Brent Blackwelder
President
Friends of the Earth

Carl Anthony
Executive Director
Urban Habitat Program

Jonathan Parfrey, MDA
Executive Director
Physicians for Social Responsibility

Suzanne Murphy
Managing Director
Redefining Progress

Paul Schwartz
National Campaign Director
Clean Water Action

Mark Ritchie
President
Institute for Agriculture and Trade Policy

Carol L. Wright
Executive Director
Klamath Forest Alliance

Kelly Quirke
Executive Director
Rainforest Action Network

Jim Jontz
Executive Director
American Lands Alliance

John Passacantando
Executive Director
Ozone Action

Lois Gibbs
Executive Director
Center for Health and Environmental Justice

Tom Turner
Director of Publications
Earthjustice Legal Defense Fund

Peter Rosset
Executive Director
Food First/ Institute for Food and Development Policy

Paul Mason
Executive Director
Environment Protection Information Center (EPIC)

Hal Kane
Executive Director
Pacific Environment and Resource Center

Marguerite Young
California Director
Clean Water Action

Huey D. Johnson
President
Resource Renewal Institute

Diane Takvorian
Executive Director
Environmental Health Coalition

Paul Spitler
Executive Director
California Wilderness Coalition

Patricia M. Clary
Executive Director
Californians for Alternatives to Toxics

Samuel La Buddy
Executive Director
Endangered Species Project

Christine Stevens
President
Animal Welfare Institute

Paul Hughes
Executive Director
Forests Forever

Dr. Henry Clark
Executive Director
West County Toxics Coalition

Gary Cohen
Director
Environmental Health Fund

Greg Small
Executive Director
Pesticide Watch

David Korten
President
People Centered Development Forum

Ted Smith
Director
Silicon Valley Toxics Coalition

Franses F. Korten
Executive Director
The Positive Futures Network

Dave Henson
Executive Director
Occidental Arts and Ecology Center

Jay Letto
President
Central Cascades Alliance

David Cobb
Secretary
Green Party of Texas

Jill Ratner
President
Rose Foundation

Craig Thomas
Director
The Center for Sierra Nevada Conservation

Gina Giazzoni
State College Coordinator
Allegheny Defense Project

Adam Roberts
Research Associate
Society for Animal Protective Legislation

Sanford Lewis
Attorney
Strategic Counsel on Corporate Accountability

Karen Pickett
Coordinator
Bay Area Coalition for Headwaters

Luke Cole
Director
Center on Race, Poverty & the Environment

David E Ortman
President
Wise Use Movement

Thomas R. Lent
President
Association of Flight Attendants--Alaska Airlines

Wenonah Hauter
Director
Public Citizen's Critical Mass Energy Project

Paula Palmer
Executive Director
Global Response

Cal Broomhead
Bureau of Energy Conservation
San Francisco, CA

Prof. Lee Altenberg
Information and Computer Sciences,
University of Hawaii at Manoa

Jim Puckett
Director
Asia Pacific Environmental Exchange (APEX)

David Wood
Senior Associate
Center on Wisconsin Strategy

Lisa Mastny
Staff Researcher
Worldwatch Institute

William A Shutkin
President
New Ecology Inc.

Chris Ford
Steering Committee Member
Southern Arizona Alliance for Economic Justice.

Charles M Miller, esq.
Attorney
Law Office of Charles M. Miller

Celia F. Alario
Communications Team
USWA and Amazon Watch

Thomas Ryan
Community Services Director
San Francisco Labor Council

Scott Tundermann
Sustainable Energy Choice Project
Institute for Science and Interdisciplinary Studies

EMT O'Nan
Director
Protect All Children's Environment

Bill Welsch
President
Safe Alternative for our Forest Environment (SAFE)

Beth Burrows
President/Director
The Edmonds Institute

Harlin Savage
Director
Colorado Forest Program

Fredy Champagne
President
Veterans for Peace, Inc.

Julia Butterfly Hill

Alan Rose
Professor Emeritus
University of Idaho

Nancy Kubasek
Author
"Environmental Law"

Hugh M. Carola
Coordinator
Hackensack Meadowlands Preservation Alliance

Mary Bull
SF Coordinator
Boycott the Gap Campaign

John Grech
Public Officer
Earth Worker Inc., Canada

Steve Brooks
Coordinator
Virginia Forest Watch

Larry Weiss
Coordinator
Labor, Globalization and Human Rights Project
Resource Center of the Americas

Stephen Bezruchka, MD, MPH
Affiliate Assistant Professor
Department of Health Services
University of Washington

David Muhly
Chair
Virginia Forest Watch

Bill Devall
Chairman
Deep Ecology Resource Center

Shirley J Shelburn
Humbolt Watershed Council
Rt 1 Trinidad ,Ca 95570

Ken Miller
Salmon Forever
Mckinleyville, Ca 95519

Marianne DE Sobrino
Redwoods Chapter Sierra Club
Eureka, Ca 95503

Kyle Haines
Forest Protection Coordinator
Klamath Forest Alliance

John Sellers
Director
Rukus Society

Karen Litfin, Associate Professor
Department of Political Science
University of Washington - Seattle

Bob Martel
Executive Director
Humboldt Watershed Council

Chad Hanson
Executive Director
John Muir Project

Christine Cooper, Ph.D
Faculty of Business
University of New Brunswick Saint John

Jacek Purat
School of Information Management and Systems
University of California at Berkeley

Steve Thompson
Natural Resource Consultant
Whitefish, MI

Cam Walker
Friends of the Earth Australia

Darryl Cherney, Executive Director
Environmentally Sound Promotions
Redway, CA

Stephen Graves
Land Use Consultant
Soquel, CA

Bryony Schwan, Exec. Director
Women's Voices for the Earth
Missoula, MT

Nancy Fesco
Boreal Forest Campaign Coordinator
Northern Alaska Environmental Center

Julian Powers
Co-Chair for Legislative Affiars
Spokane Transportation Choice Coalition

Kimberly Burkland
Director
Central Cascades Alliance

Robert Cramer
Co-founder
Taxpayers for Headwaters

Martha Bergotten
Campaign Coordinator
Southern Appalachian Biodiversity Project

Lois Barber
International Coordinator
EarthAction

Tim Bristol
Organizer
Southeast Alaska Conservation Council

Larry Campbell
Executive Director
Friends of the Bitterroot

Bill Metzger
Publisher
Great Lakes Brewing News

Kurt Newick
Global Warming activist

Juliette Beck
Campaign Director, Global Exchange
LABOR

Elizabethe A. Brown
Assistant Administrative Officer
The Newspaper Guild Communications Workers of America

Emil Ramirez
Staff Representative
United Steelworkers of America

Carole Reed
Rapid Response Coordinator
USWA Local 9444

Joseph T. Lesh, Jr.
President, Local 1181
Washington Federation of State Employees AFSCME, AFL-CIO

Jeff Mansfield
President
Greater Seattle Area Local
American Postal Workers Union

Randy Berriochoa
Treasurer
Idaho Federation of Teachers, local #4582

Richard Warner
Staff Representative
USWA Local 300A

Jack Gilchrist
Executive Secretary
Seattle/King County Building and Construction Trades Council

George Holmes
President
SEIU Local 202

Sandy Sawyer
President L-3197
American Federation of Government Employees

Brian White
Chair SAOP Steward
Local 120 AFL-CIO

Jason Oringer
Communications Team
USWA

Marlene Myers
Secretary
Local 1066

Gene Achziger
President
TNG/CWA Local 37082

Paul F Glavin
Administration Officer
TNG/CWA Local 37082

Wayne B. Pretts
President
Wenatchee Aluminum Trades Council

Dan Buell
President
Cowlitz & Wahklakum Central Labor Council

Kenneth White
President
Idaho Association of Letter Carriers

Gary Sites
President
USWA Local 341

W C Beck
President, Local #338
United Steel Workers of America

Doug Godinho
President
USWA Local 703

Larry L Kenck
Business Representative
Teamsters Union Local 582

Rudy Hashberger
Secretary, Linn-Benton-Lincoln Labor Council
Oregon AFL/CIO

Douglas Baier
Secretary
Bremerton Fire Fighters, 1 AFF #437

Terry L Bonds
District Director
United Steelworkers of America District 12

Gil Hayes
Secretary-Treasurer
Mid Columbia Labor Council

James D Phillips
Chairman, L & E Committee
USWA 917

Robert N Woodson
Business Manager and Secretary-Treasurer
Laborers' International Union of North America, Local 901

William Bokovoy
Secretary-Treasurer
United Food and Commercial Workers Union, Local 381

Donald Goldberg
Senior Attorney
CIEL

Tony Micciche
President
USWA Local 8599

James Karr
Professor
University of Washington

John Morgan
Financial Secretary/Treasurer
UBC Local 1532

Shirley Kenck
State Committee Woman
Kootenai County Democrat Central Committee

Jean Patterson
Clerk, San Jose Friends Meeting
Friends Committee on Unity with Nature

Ronald Forest
Financial Secretary
Carpenters Local No. 131

Laura Huth
Urbana City Council Member
Ward 5

Normand Coen
Rec. Secretary
USWA Local 7263

Harold Withrow, President
AFSCME Local 120,
Tacoma, WA

Jan Conley
Lake Superior Greens
Superior, WI 54880

Shirley Haglund
USWA Local # 9444
Roseville,Mn

Michael Wodaszewski
USWA Local # 7263
Vadnais Ht, Mn 55109

Jean Frogner
USWA
Duluth, Mn 55805

Robert Hollenbach
USWA Local # 9444
Minnapolis, Mn 55411

Dennis A Gille
USWA Local # 7263
Lakeland, Mn 55043

Wilbur L Wilson
USWA Local # 310
DesMoines, Ia 50313

Charles R Cassatt
USWA Local 105a
Bettendorf, Ia 52722

Robert Marsden
USWA Local 7945
Tacoma, Wa 98421

Thomas Card
USWA Local # 460 g
Kassota, Mn 56050

Bradford Lynch
Mid Columbia Labor Council
The Dalles, Or 97058

Gilbert L Hayes
Mid Columbia Labor Council
The Dalles,Or 97058

T Jay Kelso
USWA Local 13214
Green River, Wy 82935

Albert Battisti
USWA Local 13214
Rock Springs, Wy 82901

Daniel Haanpaa
USWA Local # 13214
Green River Wy, 82935

Arthur Sumstine
USWA Local # 8907
Kansas City, Mo 64120

Robert Sprague
USWA Local 8907
Holden, Mo 69040-9460

Terry Bush
USWA Local 105
Bettendorf, Ia 52722

Carole J Reed
USWA Local # 9444
Chisago City, Mn 55013

Will Herold
USWA Local # 2175
Farmington, Mn 55024-9425

Gary Partlow
USWA Local 2175
Lakeville, Mn 55044

Keith Porter jr
USWA Local # 6803
Albert Lea, Mn 56007

Michael King
USWA Local # 216
Kansas City, Mo

Janice Vochoska
USWA Local # 9444
St Paul, Mn 55117

A. E Stattelman
USWA Local # 307
Topeka, Ks 66608

Sally Edwards
USWA Local # 286
Lincoln, Ne

Earl Ransom
USWA Local # 307L
Topeka, Ks 66608

Wil Leiker
USWA Local # 307
Topeka, Ks 66615

Randy L Hague
USWA Local # 307L
Topeka, Ks 66608

Don Grow
USWA Local # 286
Lincoln, Ne

Victor Hernandez
USWA Local # 2561
Kansas City, Ks 61106

Richard Warner
Staff Rep USWA
Vancouver, Wa 98683

Steve Powers
Staff Rep USWA
Minneapolis, Mn 55414
(612) 623-8840 Fax

Jacks Calvaresi
USWA
Bloomington, Mn 55420

Emil Ramirez
Staff Rep USWA
Independence, Mo 64555

Tereasa Gunderson
SMDC Ashland
Grandview, Wi 54839

Lynn Wedlund
SMDC Ashland
Ashland, Wi 54806

Kim Welty
SMDC Ashland
Ashland, Wi 54806

The Alliance for Sustainable Jobs and the Environment (ASJE)
1125 SE Madison, Portland, OR 97214 503 736-9777, 503-736-9776 (fax)
asje@asje.org
Please make any donation checks payable to ASJE and mail to the address above.