1. H E A D W A T E R S F O R E S T U P D A T E
CLINTON SIGNS APPROPRIATIONS BILL DESPITE PUBLIC PRESSURE
ACTIVISTS PROTEST CLINTON'S SIGNING OF APPROPRIATIONS BILL
JUDGE DECLINES RESTRAINING ORDER IN PEPPER SPRAY INCIDENTS; STATE ATTORNEY GENERAL CALLS SWABBING A VIOLATION
STANDARD & POOR'S UPGRADES MAXXAM RATING
PACIFIC LUMBER/MAXXAM CHARGED WITH FORESTRY VIOLATIONS
2. H E A D W A T E R S A C T I O N A L E R T
ATTEND IMPORTANT HEARINGS; MAKE YOUR VOICE HEARD CAN'T MAKE IT? PLEASE FAX COMMENTS!
3. "The Great Hurwitz Pie Incident" Local Anarchist Pies Hurwitz
------------------------------------------------------ 1. H E A D W A T E R S F O R E S T U P D A T E ------------------------------------------------------
Date: Sat, 22 Nov 1997 22:03:43 -0800 From: Headwaters News <Headwaters@enews.org>
H E A D W A T E R S F O R E S T U P D A T E Update 11-22-97 -- Saturday, November 22, 1997 [Look for the adjoining Action Alert]
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CLINTON SIGNS APPROPRIATIONS BILL DESPITE PUBLIC PRESSURE
President Clinton on November 14 signed H.R. 2107, the "Department of the Interior and Related Agencies Appropriations Act, 1998," despite the bill's many faults and its inherent threats to the environment. The bill also included federal funding for the acquisition of 7,500 acres of old-growth and residuals in the 60,000-acre Headwaters Forest. Environmentalists and members of the public had called upon the President to veto the Appropriations Bill, noting that the provisions of the agreement between the government and the forest's owner, Maxxam/Pacific Lumber Company, could result in less overall protection for the land and endangered species than what is currently afforded under state and federal laws. "If only 7,500 acres are acquired, and Pacific Lumber's plans to liquidate everything else are approved, this deal will leave a legacy of wildlife extinction, ruined watersheds and lost jobs. That's unacceptable," said Kevin Bundy of the Environmental Protection Information Center. Environmental groups also pointed out the likelihood of other threats to national forests should the President sign the bill, raising the spectre of a previous Appropriations Bill that brought us the dreaded "Salvage Rider" that has accounted for unparalleled destruction of our national forests in recent years.
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ACTIVISTS PROTEST CLINTON'S SIGNING OF APPROPRIATIONS BILL
Even as the president signed the Appropriations Bill on November 14, hundreds of protesters were gathered in San Francisco and 350 miles away in Eureka, urging him instead to veto the bill. Three days later North Coast activists made their reaction clear to the public with a huge banner hung above the lanes of northbound Highway 101 south of Eureka. The banner read, "Tell Bill, Preserve Ancient Trees. No Deal! Save Headwaters Redwood Ecosystem, All 60,000 Acres!! For Information: 707-468-1660". Earth First! activists noted that the Appropriations Bill contained riders that weaken the Endangered Species Act, remove critical habitat designation for the endangered marbled murrelet, and remove the cap on taxpayer subsidies for timber roads in National Forests. "The struggle is not over," said EF! activist Naomi Wagner. "California must still approve a $130 million bond measure, and we'll continue to do everything we can to convince the voters not to reward corporate criminal Charles Hurwitz for his crimes."
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JUDGE DECLINES RESTRAINING ORDER IN PEPPER SPRAY INCIDENTS; STATE ATTORNEY GENERAL CALLS SWABBING A VIOLATION
A federal judge on November 14 declined to prevent Humboldt County law enforcement from using pepper spray on nonviolent protesters. Attorneys for Headwaters Forest protesters had sought a temporary restraining order against such use as the videotaped incidents that led to a national furor in October. "It is not appropriate for this court to substitute its judgement for that of defendants (sheriffs and police) and determine what is appropriate police conduct," U.S. District Judge Vaughn Walker said. The protesters' civil rights lawsuit against Humboldt County Sheriffs and the City of Eureka will continue to a jury trial, reportedly in March of next year. The case could be heard in federal court on the North Coast, where the plaintiffs' attorney Macon Cowles stated, "It's hard to find a jury up there, they're so polarized. This is the Lebanon of the timber wars."
California State Attorney General Dan Lungren stated November 19 that Humboldt County Sheriff deputies violated state guidelines when they swabbed and sprayed pepper spray in the eyes of passive protesters in two now-infamous October incidents. Lungren, who had initially declined to investigate the matter, said that the officers' actions violated guidelines prepared by the state on the use of pepper spray. Lungren called the incidents "not accepted police community practices." The manufacturer of the spray had also recently stated that direct application to the eyes was in opposition to its guidelines. The spray is intended only for use within three to 10 feet of a subject, and spraying directly in the eyes at close proximity can cause unintended harm from what the manufacturer calls a "needle effect."
For a roundup of media coverage on the pepper-spraying incidents, and assorted links, point your browser at... http://www.HeadwatersForest.org/news
The plaintiffs in the pepper-spraying case have set up their own website that includes information on the cases and the legal filings. among other things. To view the site, point your browser at... http://www.peppersprayvictims.org
You may donate to the Pepper Spray Victims Defense Fund at... Pepper Spray Victims Defense Fund c/o Civil Liberties Monitoring Project PO Box 544 Redway CA 95560 USA
Please indicate on your check that it is intended for the Pepper Spray Victims Fund. Phone CLMP at 707-923-4646 to make credit card donations or for more information.
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STANDARD & POOR'S UPGRADES MAXXAM RATING
Standard & Poor's on November 19 revised its ratings outlook for Maxxam Inc. and its affiliates, including Pacific Lumber Company and Kaiser Aluminum, to "positive" from "stable." The company's outlook revision reflects Maxxam's improved operating performance in recent quarters, stemming primarily from increased aluminum prices. S&P noted that Pacific Lumber/Maxxam is currently negotiating for an exchange of timberland for $350 million in cash or other assets. The transaction, if finalized with a significant portion of the compensation in the form of cash, could result in a further ratings upgrade.
For a full report, please see... http://www.HeadwatersForest.org/news
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PACIFIC LUMBER/MAXXAM CHARGED WITH FORESTRY VIOLATIONS
Pacific Lumber/Maxxam has been ordered to appear in a Humboldt County court to answer charges of violating of the Forest Practices Act. PL/Maxxam is already on a year-long probation after having pled nolo contendere in July to six counts of violating the FPA, resulting in a $5,750 fine. When the case reaches court, the judge will be in the unusual position of having to define what it means for a corporation to violate its probation. It has been noted by an ever-growing segment of the population that corporations, which enjoy the legal rights of the individual without the same responsibilities, have historically been hard to pin down for their discretions. Activists have noted that, while nonviolent protesters are arrested and thrown in jail, a corporate criminal -- PL/Maxxam -- remains free and unfettered, regardless of the company's multiple violations of the law. "Who are the police protecting anyway?" said one activist.
------------------------------------------------------------ S E N T B Y Bay Area Action's Headwaters Forest Project. Repost at will -- Please include all attributions & contact info. www.HeadwatersForest.org | headwaters@enews.org ------------------------------------------------------------ (email list subscription info at end)
------------------------------------------------------ 2. H E A D W A T E R S A C T I O N A L E R T ------------------------------------------------------
Date: Sat, 22 Nov 1997 22:18:33 -0800 From: Headwaters News <Headwaters@enews.org>
H E A D W A T E R S A C T I O N A L E R T N o v e m b e r 2 2 , 1 9 9 7 [Look for the adjoining Weekly Update]
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ATTEND IMPORTANT HEARINGS; MAKE YOUR VOICE HEARD CAN'T MAKE IT? PLEASE FAX COMMENTS!
Public Hearings on Private Property Damages and Public Endangerment from Irresponsible Logging in the North Coast Watersheds of Elk River, Freshwater Creek, and Stafford
Monday, November 24, 10am Senate Natural Resources Hearing East Bay Park District 2950 Peralta Oaks Court, Oakland CA
Tuesday, November 25, 10am Board of Forestry Placer County Fairgrounds Lauppi Hall 800 All American City Blvd., Roseville CA
Unable to attend? Fax comments to the Board of Forestry, fax 916-653-0989
The California Senate Natural Resources Committee will conduct hearings on Monday, November 24, in Oakland, regarding threats to public safety, private property, and coho salmon from current logging practices in public watersheds. The California Department of Forestry will be called upon to explain their role in implementing the Forest Practices Act, and why the law has failed to protect these values. The following day the Board of Forestry will take up the question of emergency rules to maintain and restore the aquatic ecosystems in 18 impaired river systems, as defined by section 303(d) of The Clean Water Act, including Elk River, Freshwater Creek, and other coho-bearing streams. These hearings are your opportunities to stop the logging practices that are causing flooding, landslides, debris torrents, chemical contamination of the watersheds, and destruction of the fish habitat. We are the people who can stop this devastation before it is too late. Bear, Jordan, Stitz, Wolverton, Yager, North Fork Elk, Stafford, and many other watersheds have already been wasted. Freshwater has very little time to defend itself. That time is now. Stafford was one of many of California's North Coast communities that experienced damage because of heavy winter rains last year that caused clearcut hillsides to slide down steep ridges. Some 9,000 people gathered in Stafford on September 14 to bear witness to Pacific Lumber Company's role in damaging watersheds throughout Humboldt County, choking streams with mud and debris and depleting the viable habitat for the threatened coho salmon.
Salmon Forever can arrange carpools and overnight accommodations for those who would like to attend both hearings. Please contact Salmon Forever at 707-839-7444 for information.
------------------------------------------------------------ S E N T B Y Headwaters Sanctuary Project and Bay Area Action. Repost at will -- Please include all attributions & contact info. www.HeadwatersForest.org | headwaters@enews.org ------------------------------------------------------------ ------------------------------------------------------------
------------------------------------------------------ 3. "The Great Hurwitz Pie Incident" ------------------------------------------------------
"The Great Hurwitz Pie Incident" or, "In Defense of Apple Pie" by Al Decker
Twas round about midnight when I got my marching orders from the Biotic Baking Brigade (BBB), sent from the General HQ and secret ovens located deep in the heart of Headwaters Forest. Maxxam C.E.O. Charles Hurwitz was having a hush-hush, high-level emergency damage control meeting the next day. My assignment was to penetrate the security surrounding the event, locate Hurwitz. . . and pie him. I made every effort to get out of it, telling myself I was too busy, that I'd never get near him, that the meeting had been relocated as rumor bespoke. Yet I knew that I had to do it. For how often does Humboldt County's Public Enemy #1 actually come out to the place he's destroying? According to the book The Last Stand, June '91 was the last time he graced our presence. Hurwitz' crimes are legendary, and have been well-detailed in this publication; they provide many compelling reasons for pieing Hurwitz. Actually living in a place where many people spend thousands of hours of time, get arrested, and risk their lives to stop his destruction only intensifies one's feeling of outrage. And last but not least, it's a scandal that after a few decades of dodging criminal prosecution and federal investigations of his dodgy business practices, and currently facing more lawsuits, he can still organize HumCo's top business, government, media, and law enforcement officials in a secret meeting with no public access or input. So the next morning I headed up to Scotia, Pacific Lumber's (PL) company town, with the idea of first engaging Mr. Hurwitz in a debate over various and sundry subjects such as biz ethics, clear cutting, herbicide spraying, etc. As I drove past Stafford, where eight houses had been destroyed by a mudslide from a PL clearcut during last winter's rains, I prayed to the spirits for strength and guidance, for the ability to find the man most responsible for this and other devastation he's wrought. When I strolled up to the front doors of the Scotia Inn, I reflected momentarily at my appearance: beat-up running shoes, mismatched socks, cut-off jean shorts, Friends of the Wolf t-shirt, denim jacket, Irishman's wool cap, long-hair and beard. Though I wasn't looking my Sunday best, and would stand out from the suits, tourists, and loggers who patronize the Inn, there had been no time to go home and change; and it was too late to turn back now. As everyone involved in direct action knows, the life force works in mysterious and wondrous ways, and helps people pull off things that defy rational logic. So when two security men blocked my entrance, I realized that the only thing to do was just relax and go for it. I flashed back on trying to get into bars when I was 15, and the bouncer would have no good reason to let in a tall skinny kid with braces and pimples; but if you looked him straight in the eyes, smiled outrageously, and said the right thing, it sometimes worked. PL security chief Carl Anderson asked me what I was doing, so I smiled and said I was meeting someone, which after all was true. After some negotiation, I was escorted in, and miraculously made my way to the dining room, where I was eyed nervously by the patrons. I took a seat and spent the next hour drinking coffee on an empty stomach and pondering my predicament. What with Anderson watching me from the door, one of his men cleverly concealed behind a pillar three tables away, and another guard eyeing me from his truck outside the window, things did not look particularly auspicious. The situation was so surreal that I alternated between chuckling to myself nervously, and having hot flashes of paranoia, as I thought I was all alone in PL's domain. Furthermore, it was so weird to think about sharing the same Euclidean space with Hurwitz, this man that few of us have seen and even fewer spoken with. I decided to go outside, and to my surprise a small EF! contingent was in front with banners and guitars. Shortly thereafter, a group of well-heeled individuals carrying green notebooks began exiting the Inn and driving away in expensive cars. Nobody would talk about the meeting or the contents of the green notebooks, which one could only assume was the game plane (at this point, the endgame) for spin control and dealing with the upcoming season of protests. Then, lo and behold, none other than the Dark Prince himself appeared at the door, surrounded by an entourage of cronies, handlers, cops, and security. I politely asked Messier Hurwitz if I could speak with him, but he dismissed me abruptly, explaining that he had a plane to catch. At that point, I knew that the pie which I just so happened to have in my backpack was destined to end up upon said villain's head. Fearing that I would get tackled or shot if I reached too quickly into my backpack, I then asked him for an interview on tape as I slowly reached for the nefarious weapon, and maneuvered between a gap in the entourage over to Hurwitz's side. I had a brief moment to repeat the BBB's battle cry, "it's a good day to pie!," and then I was in motion, a few fast steps and rapid predator-prey imaging bringing me right up behind him. The balding top of his head reminded me of a PL clearcut, where the decadent old-growth, once gone, has failed to regenerate with vigourous and productive young vegetation. In the last second I realized that he was wearing glasses, and so instead of a wrap-around pie in the face which I feared might break them, I flopped that pie upon his head: "contact!" "splat!" "joy!" Regrettably, I never got to see Ole Chuck's face, for immediately upon contact I glanced to the side and perceived through peripheral vision that large angry men with outstretched hands were right behind me. All I could do then was laugh heartily and let them tackle me. I was arrested by none other than Humboldt County Sheriff Dennis Lewis, and spent eight pleasant days at the lovely Eureka pokey. The media, in its quest for fickleness, focused a lot of attention on the flavor of the pie. Sheriff Lewis proclaimed it apple, BBB spokesperson Blackberry confirmed that opinion, yet Hurwitz in his own inimical way jokingly stated, "Too bad it's peach. I like Blackberry." What does one say about a man who can't tell an apple pie even when he and his stained suit are on the receiving end of one? The symbolic effect of our American ideals (represented by the not coincidental All-American apple pie) splattered upon this rascal who flaunts them so grievously was not lost on a few. Even Newton himself, that great advocate of taking the world apart as if it were a spiritless machine, needed an apple upside the head to understand the force of gravity. May the apple mush upon Hurwitz' serve as a reminder to some and a discovery to others that Maxxam is subject to gravity as well. This action is dedicated to the Bison Action Group, to a certain person up in B.C. who pied the President of Macmillan-Bloedel, and to Robert Hoyt for his inspiring song about apple pie.
by Al Decker <ald@igc.org>
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