Elk River Harvest Injunction Issued.Business Editors SCOTIA, Calif.--(BUSINESS WIRE)--July 10, 2000 A preliminary injunction has been issued against helicopter logging and the use of an appurtenant appurtenant adj. pertaining to something that attaches. In real property law this describes any right or restriction which goes with that property, such as an easement to gain access across the neighbor's parcel, or a covenant (agreement) against blocking the road under an amended timber harvest plan on The Pacific Lumber Company's property in the Elk River area. Visiting Judge Quentin Kopp granted a request by two environmental groups to temporarily enjoin To direct, require, command, or admonish. Enjoin connotes a degree of urgency, as when a court enjoins one party in a lawsuit by ordering the person to do, or refrain from doing, something to prevent permanent loss to the other party or parties. logging in Timber Harvest Plan 520 until trial, conditioned upon their posting a $250,000 bond by July 13, 2000. This plan was approved by The California Department of Forestry & Fire Protection (CDF (1) (Central Distribution Frame) A connecting unit (typically a hub) that acts as a central distribution point to all the nodes in a zone or domain. See MDF. ) in 1998, and was modified by minor amendment to incorporate additional environmental protections in March of 2000. "We are obviously disappointed with the ruling," said John Campbell, President and CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board. of Pacific Lumber, "however, we are confident that we will prevail on the merits on the merits adj. referring to a judgment, decision or ruling of a court based upon the facts presented in evidence and the law applied to that evidence. A judge decides a case "on the merits" when he/she bases the decision on the fundamental issues and considers of the case during the upcoming trial. Our inability to operate on this plan will result in hardship for the Company and our employees, as the judge recognized in his requirement that a bond be posted," Campbell added. The judge's ruling does not invalidate THP 520, but rather prevents PALCO PALCO Pacific Lumber Company from harvesting under the amended plan until a trial resolves the challenge to CDF's approval of that amendment. The property and accompanying THP was acquired by Pacific Lumber in 1999 under the Headwaters Agreement. "It was understood during negotiations, and then after the Agreement was signed, that this property -- which contains no old-growth trees -- would be harvested," Campbell said. "In addition, we have made improvements to the harvest plan to increase protection for fish, wildlife, and water quality," he added. "We believe the changes that have been made provide the proper balance between sustainable timber harvesting, job preservation, and environmental protection." |
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