The Santa Cruz Sentinel
February 3, 2005

Logging battle goes to Supreme Court
Decision by California’s highest court could affect industry statewide

By Genevieve Bookwalter

The troops are rallying on both sides of a county logging fight in preparation for a standoff in California Supreme Court this summer.

Last week was the deadline for interested parties to file briefs with the court supporting either side of a lawsuit between Big Creek Lumber Co., based in Davenport, and the County of Santa Cruz.

Others are watching closely, because the ruling could affect logging throughout the state.

In 1999, Santa Cruz County supervisors passed logging regulations more strict than those enforced by the state. The most sweeping ordinance banned wood cutting from county land not zoned for timber production, commercial agriculture or mining.

"The real issue has to do with whether or not local government can determine where timber harvesting can occur or whether that's pre-empted by state law," said Lennie Roberts, legislative advocate for Palo Alto-based environmental group Committee for Green Foothills, which backs the county's strict regulations.

California Department of Forestry officials - who support Big Creek Lumber - have similar questions.

"From the state's perspective, clearly we have a role in regulating timber harvesting activities," said Bill Snyder, CDF deputy director for resource management. "The counties also have a balancing role in terms of their zoning. It's important to get some clarification as to where those two roles overlap."

"They're only taking away half our resources," Big Creek co-owner Bud McCrary said of the county's regulations. He estimates 50,000 to 60,000 acres of forest land was taken out of commission by that decision.

Supervisors have also said where logging companies could use helicopters to carry timber out of forests.

The 6th District Court of Appeals overturned both regulation attempts. But Big Creek Lumber joined the county in asking for an appeal, because of a ruling by the 1st District Court of Appeals. That verdict upheld a strict ordinance passed by the supervisors of San Mateo County, where Big Creek also operates, said company spokesman Bob Berlage.

The Santa Mateo County ruling is also why Committee for Green Foothills is concerned, Roberts said.

Berlage, Roberts and others on both sides hope a Superior Court ruling will sort out the differences.

Two amicus briefs were filed for Big Creek Lumber and three for the county, said company spokesman Berlage. Each side can now respond to the briefs filed in support of the other. Hearings are expected to start this summer.

Santa Cruz County Supervisor Mardi Wormhoudt said she wonders if the case will be relevant should Gov. Arnold Schwarzenegger eliminate the California Department of Forestry, as he proposed last fall.

"My concern has always been for as much local control as possible," Wormhoudt said. "If CDF goes out of business, then what?"

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