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D.A. Took On Loggers And Ran Into A Buzz Saw

Credit Pacific Service Union Barely three months in office, Dist. Atty. Paul V. Gallegos faces a recall campaign, threats of lawsuits and court sanctions all after he brought civil fraud charges against a powerful timber company that has become a symbol of a beleaguered way of life.

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Credit First Service Union An emigre from Southern California, Gallegos is a political neophyte in a north coast county that, since the mid-1980s, has been a battleground over logging practices that imperil some of California's last giant redwoods.

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Card Credit Mobile Service Although he doesn't view himself as an environmentalist and was elected last year with broad support, he now finds himself undercut by a local establishment that links him to the anti-logging counterculture.

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Card Credit Discover Service "Mr. Gallegos is stirring up trouble," said Robin Arkley Sr., a former timber mill owner who pledged $5,000 to launch the recall campaign. "He's threatening our way of life."

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Credit Public Service Union Arkley, 78, said he and other "good ol' boys" are fed up with Gallegos and his kind. "It's us against them," he said. "We're going to take back the county from the ardent environmentalists, the college community and the hippies."

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Card Credit Processing Service Lawyers for the timber company, Pacific Lumber Co., known here as "Palco," say the D.A.'s suit has no merit and have threatened to countersue if he doesn't drop it. Officials of the two state agencies responsible for overseeing logging practices also have questioned the merits of the suit.

Center Credit Service Union Gallegos said he thought he was doing what he had been elected to do when he charged Pacific Lumber Co. in a civil action with deceiving the California Department of Forestry by failing to disclose that its timber-cutting plans could cause landslides.

Card Credit Service Wireless Having concealed that information, Gallegos contended, Pacific Lumber was allowed to cut 100,000 giant redwoods, profiting handsomely at the expense of wildlife and downstream neighbors who have suffered from mud flows, flooding streams and other damaging effects of stripping redwoods off steep, unstable slopes.

Credit Security Service Union In leveling such accusations, Gallegos has stepped into a long-running fight in this community and taken on a formidable adversary. Pacific Lumber has been engaged in a herculean struggle to log as it sees fit on its own land 211,000 acres that are home to the largest stands of ancient redwood trees that are not in parks or preserves.

Credit Report Service Pacific Lumber's owner, Houston financier Charles Hurwitz, has made one major concession to anti-logging forces, and that was for a handsome price. In 1999, the state and federal governments paid Pacific Lumber $480 million to set aside a 7,500-acre Headwaters grove of ancient redwoods. Gallegos' lawsuit may turn on language in that deal that dictated how the company could log the rest of its land.

Blogspot Com Christian Gallegos, 41, a USC graduate, moved to Eureka nine years ago after he and his wife fell in love with the sparkling air and the beauty of Humboldt Bay, with its backdrop of towering trees.

Christian Counseling Credit The upbeat district attorney, whose youthful exuberance puts a bounce in his stride, is part of the latest wave of white-collar newcomers to arrive in what was once a county dominated by fishing and logging.

Credit Federal Service Union Humboldt County's economy today is driven by jobs in government, tourism and service industries. Even Pacific Lumber's payroll is down to 800 employees from a peak of 1,500 as it continues to lay off workers and shift logging work to outside contractors.

Credit Monitoring Service Gallegos practiced criminal defense law, took up surfing and coached T-ball and soccer in Eureka, where he lives with his wife and three young children. Then he decided to run for district attorney last year.

Credit Division Service He insists that he hadn't fallen in with any faction in Humboldt County: the third-generation loggers, the Green Party and other left-leaning interests associated with Humboldt State or the aging hippies who arrived during the 1970s' back-to-the-land movement and established deep roots as small-business owners or backwoods pot growers.

Card Credit Online Service Gallegos opposed a recently stepped-up tree-sitting campaign, and he prosecutes trespassing activists who try to save old redwoods from Pacific Lumber's chainsaws by scampering up the massive trunks and locking themselves to the trees' boughs.

Consumer Counseling Credit Inc Gallegos refrains from calling himself an environmentalist, although he said he is concerned about the sustainability of "lifeboat Earth" and the "need to do everything in a sustainable fashion so our kids will have a place to live."

Card Credit Fleet Service His campaign for district attorney focused on a fair and practical application of the law, and didn't bring up the environment although his campaign did receive some assistance from Green Party members. He upset 20-year incumbent Dist. Atty. Terry Farmer and won 52% of the vote.

Card Consolidation Credit Within days of taking office in January, say Gallegos and his top assistant, Timothy Stoen, they were presented information by a local landowner about Pacific Lumber that raised a suspicion of corporate malfeasance rather than violations of environmental law.

Credit Free Online Report According to the D.A.'s lawsuit, Pacific Lumber submitted false data showing that intensive logging on steep slopes would not cause landslides and lobbied the director of the California Department of Forestry to allow more logging on unstable slopes. Under the terms of the Headwaters deal, logging that could cause such damage was prohibited.

Credit Federal First Service The deception, the lawsuit said, helped Pacific Lumber step up the rate of harvest and earn an extra $40 million a year. Prosecutors seek $250 million in damages for the allegedly illegal harvesting of an estimated 100,000 trees on unstable slopes.

Consumer Credit Service Jared Carter, Pacific Lumber's longtime attorney, said, "No effort was made to suppress" information. "There has been no harvesting on these unstable areas." The district attorney, Carter said, is being "misled" by a group of environmental activists on a crusade to halt Pacific Lumber from harvesting timber on its own land. "What do you expect us to do, other than take every action to defend ourselves?"

Center Credit Family Service The D.A.'s defenders scoff at the idea that the lawsuit is merely a tool of tree-sitters or less radical activists bent on saving every last ancient redwood.

Credit Reporting Service "We're not eco-environmental freaks," said Kristi Wrigley, a third-generation apple farmer. "We've never spoken out against logging. We're speaking up for clean water."

Cca Credit Division Service She seethes over the silt and mud flowing down the Elk River that has sullied her source of fresh water, flooded her farm five times this past winter and smothered the roots of what were once her most productive apple trees.

Credit Free Report Service The district attorney, she said, is "right on the mark," but she fears "he will be strangled by politics, just as politics have strangled us. Money is going to win."

Card Credit Customer Discover Pacific Lumber's detractors say the company has a history of reckless logging practices. Twice in the late 1980s, the state Department of Forestry suspended the firm's license to cut timber, citing more than 100 violations of the state Forestry Practices Act. Most were for careless logging operations during wet weather and a failure to control erosion.

Credit Repair Report Service For Gallegos, the first sign of a backlash came when he arrived at work one day last month and found the Humboldt County courthouse surrounded by logging trucks and a picket line of loggers carrying placards that read: "Recall the D.A."

Credit Legal Repair Service It was later that day in mid-March that the county Board of Supervisors, in an auditorium full of rowdy loggers, rejected the district attorney's attempt to hire a lawyer from out of town to help prosecute the civil fraud case.

Cic Credit Monitoring Service Supervisor Roger Rodoni, a cattle rancher who leases 2,000 acres of grazing land from Pacific Lumber, led the 4-1 majority against paying the expenses of Joseph W. Cotchett, a Burlingame attorney with a record of winning corporate fraud cases.

Ccs Credit Division Service Since then, the district attorney has received a letter from another firm on Pacific Lumber's legal team, threatening to sue him and the county. He recently was served with legal papers saying Pacific Lumber would seek court-imposed sanctions to recover legal bills that, Carter said, have climbed quickly to more than $100,000.

Credit Service Union Worker To Cotchett, who still wants to join the prosecution, the scene is unfolding like a Jimmy Stewart movie in which a fresh-faced reformer confronts powerful vested interests.

1st Credit Service Union "It's clear they are trying to intimidate him," said Cotchett, who believes the case has a lot of merit. "If those facts, as alleged, are true," he said, "then Pacific Lumber has a big problem."

Card Chase Credit Customer But the company also has allies. Recently, both the state Department of Forestry and state Department of Fish and Game, in letters sent to the Humboldt County supervisors, have questioned the D.A.'s fundamental assertions.

Card Chase Credit Service Both agencies assert that the steep slopes most susceptible to landslides have been protected under other provisions of the Headwaters deal, and thus the incorrect information didn't put these areas in jeopardy.

Citi Credit Monitoring Service Yet both of these agencies, which approved the Headwaters deal, acknowledge they are bound by a paragraph-long "mutual defense pact" tucked inside the voluminous document by Pacific Lumber's lawyers. It requires them to join with the firm to defend the Headwaters deal, including the company's timber harvesting plans, which have been targeted by other lawsuits from environmental and labor groups.

Credit Plus Service Union Blocked from hiring outside legal help, Humboldt's district attorney approached California Atty. Gen. Bill Lockyer for assistance in the prosecution. That help has yet to materialize.

Credit Farm Service Lockyer declined to comment, but aides pointed out a conflict he faces because of his duty to represent the two agencies Forestry and Fish and Game that have been taking issue with the case.

1st Credit Federal Service "We like to help local prosecutors, but we must take direction from our client agencies," said Tom Dresslar, a spokesman for Lockyer. "It's not a very comfortable situation for anyone in this office."

Credit Paychex Service Tax Gallegos said he will not to drop the lawsuit, even if it costs him his job.

Credit Service Tax He characterized the unfolding events as politics interfering with justice in a region that needs to shake its habit of subservience to timber interests.

Aeon Credit Service "This is a test for this community," Gallegos said. "Some people think they should be exempt from the law because of how much money they have or how much they contribute to the community. I do not."

Credit One Service Union By Kenneth R. Weiss
Los Angeles Times - 4/27/2003

Topic: Forests & Trees

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