Environmental Protection Information Center, Inc. v. Pacific Lumber Co.

MEMORANDUM AND ORDER

FINDINGS OF FACT AND CONCLUSIONS OF LAW

Plaintiffs Environmental Protection Information Center (“EPIC”) and Sierra Club bring this action against defendants Pacific Lumber Company (“PALCO”) and its subsidiaries Scotia Pacific Holding Company and Salmon Creek Corporation alleging violations of section 7(d) of the Endangered Species Act (“ESN”), 16 U.S.C. § 1536 (d), and seeking declaratory and injunctive relief. On August 14, 1998, Judge Thelton E. Henderson granted plaintiffs’ motion for a temporary restraining order enjoining PALCO from conducting or allowing any logging activities of any kind within the boundaries of Timber Harvest Plans (“THP”) Nos. 1-96-413 HUM, 1-96-307 HUM, and 1-97-286 HUM. EPIC v. Pacific Lumber Co., Case No. C-98-3129 TEH, slip op., at 5 (N.D.Cal., August 14, 1998). This court subsequently related this action to an action already pending before the court, Coho Salmon v. Pacific Lumber Co., Case No. C-98-0283 MHP, which was filed on January 26, 1998.

Now before the court is plaintiffs’ motion for preliminary injunction enjoining PALCO from conducting or allowing any logging activities within the above THPs. The court conducted an…