On Friday, Friends of Gualala River filed a complaint in the Northern District of California against Gualala Redwood Timber, LLC alleging violation of the Endangered Species Act.
According to the complaint, Friends of Gualala River is a non-profit public interest corporation formed to protect the Gualala River Watershed and the species that rely on it. The plaintiff states Friends of Gualala River was formed in 1992 in response to timber harvesting on the north bank of the Gualala River, and since then, has provided an open forum for citizens and conducted research to protect the biological, recreational and aesthetic values of the area and the animals that inhabit it.
The complaint states Gualala Redwood Timber, LLC is a California limited liability company with a principal place of business in Santa Clara, California that owns timber and timberland for logging. Further, the complaint states Gualala Redwood Timber filed a timber-harvesting plan for the proposed logging of the Little North Fork of the Gualala River which was approved by CalFire on September 23, 2021.
Friends of Gualala River argue the defendant’s logging operation at the Little North Fork should be prevented to protect endangered species that call the Gualala River and the Little North Fork home. The complaint specifically lists three endangered species that rely on the 251 acres of alluvial floodplains along the Little North Fork of the Gualala River for survival; the California red-legged frog, the Central California Coast coho salmon and the North California steelhead (collectively the “Gualala Listed Animals”).
The plaintiff alleges that Gualala Redwood Timber’s plan to log this ecologically important forest is reasonably certain to kill, harm and harass the Gualala Listed Animals that inhabit the area. Further, the plaintiff argues the extensive alluvial floodplains with mature redwood contained in the Little North Fork are exceedingly rare and an essential habitat for the Gualala Listed Animals.
Friends of Gualala River argue the defendant’s use of heavy equipment in the area and the logging of mature 100-year-old stands of trees in the floodplain will result in the “take” of these animals in violation of the Endangered Species Act. Additionally, the plaintiff states Gualala Redwood Timber has been made aware of the likely violation of the Endangered Species Act “numerous times” yet has not applied for nor been granted an Incidental Take Permits from the National Marine Fisheries Service nor the United States Fish & Wildlife Service. Without receiving an Incidental Take Permit, the plaintiff argues that Gualala Redwood Timber’s plan to log the Little North Fork would violate the Endangered Species Act.
In the complaint, Friends of Gualala River brought three alleged violations of § 9 of the Endangered Species Act, one for each of the Gualala Listed Animals, against the defendant. For these alleged violations, the plaintiff seeks declaratory relief that the logging plan is in violation of the Endangered Species Act, a court order preventing the defendant from engaging in the logging operation unless the defendant lawfully obtains Incidental Take Permits, if the proposed logging is allowed an order for the defendant to mitigate and prevent ongoing harm to the Gualala Listed Animals and their habitat, attorneys fees and costs. The plaintiff is represented by Gross & Klein LLP.
