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6A Wednesday, March 2, 2011 Indian Valley Record
SPI, CaiFire win greenhouse emissions lawsuit
;: Delaine Fragnoli
>: Managing Editor
: dfragnoli@plumasnews.com
A judge in E1 Dorado County
has ruled that Sierra Pacific
Industries (SPI) properly cal-
culated and the California De-
partment of Forestry and Fire
Act of 2006. Riley ruled that
the act applied to the harvest
plans, but the regulations
adopted to implement the act
did not, since they did not go
into effect until March 18,
2010, and the harvest plans in
question were completed and
approved before that date.
"The decision highlights SPI's thorough
environmental analysis and commitment
to sustainable practices."
SPI spokesman Mark Pawlicki
Protection (CalFire) appropri-
iately approved the carbon se-
iquestration portion of 19 tim-
ber harvest plans (THPs).
The Center for Biological
Diversity (CBD) filed suits
last January challenging the
::company's methodology for
determining the greenhouse
gas emissions and climate
consequences of harvest plans
on 5,000 acres in eight Califor-
nia counties: Amador, Calav-
eras, E1 Dorado, Lassen, Mod-
oc, Shasta, Tehama and Trini-
ty. The suits were consolidat-
ed in E1 Dorado County.
Retired Superior Court
Judge Patrick J. Riley ruled
Feb. 16 that the harvest Plans
,'comply with all statutes and
regulations governing emis-
sions and sequestrations and
comply with all CEQA (Cali-
fornia Environmental Quality
Act) rules and requirements."
The suits are among the
first filed under California's
Global Warming Solutions
"This is a clear victory for
the state's sustainable forest
management standards and
clear affirmation that active
forest management provides a
significant carbon sequestra-
tion benefit," California
Forestry Association presi-
dent David Bischel said in a
prepared statement Feb. 22.
"The decision highlights
SPI's thorough environmental
analysis and commitment to
sustainable practices," said
SPI spokesman Mark Pawlicki
in the same statement. "Regu-
lations require we perform a
thorough environmental
analysis including the impact
of harvest and replanting on
greenhouse gas emissions. We
have complied with those laws
and demonstrated that sus-
tainable forest management
can have a positive effect on
reducing carbon emissions
and counteract the negative
impacts of climate change."
An attorney with CBD told
the Redding Searchlight last
Tuesday that his group had
not decided whether it would
appeal the decision.
CBD took issue with the
way SPI calculated emissions
from its harvests, particularly
clear-cuts, and how much car-
bon its forests would fix, or
sequester.
SPI conceded that logging
causes emissions directly and
indirectly. Direct emissions
include CO2 released when
trees are cut, leaving slash and
woody debris to burn or de-
compose. Secondary emissions
occur during the combustion
of the fuel used in the harvest-
ing, loading and transporta-
tion of logs to mills. Third-lev-
el emissions encompass those
from the mill onward.
The real question is how to
calculate how much carbon
different types of forest can
sequester. Environmental
groups argue that undis-
turbed forests act as carbon
sinks, converting atmospher-
ic carbon through photosyn-
thesis and storing it in trees,
shrubs and soils.
The timber industry argues
that forests replanted after
harvesting can fix more car-
bon than mature forests be-
cause rapidly growing trees
sequester more carbon faster.
Riley found that SPI took a
reasonable approach to its cal-
culations. "It is clear that the
estimates and conclusions as
to GHG (greenhouse gas) se-
questration and emissions con-
tained in the THPs were sup-
ported by substantial evidence.
Judge's note
At the end of his ruling, Judge Patrick J. Riley
added the following note as a "separate
viewpoint":
"The purpose of the Global Warming Act was
to control emissions of GHG (greenhouse gas-
es) and with respect to the forestry industry
to work toward a reduction of the GHG CO2.
As alluded to by Counsel for CaF (CalFire), to
add such technical and unobtainable infor-
mation and have such treated as require-
ments of the statute could be construed as
an attempt to close down timber operations
in California by making the regulations im-
possible to perform. Such is a rather unique
approach to GHG reduction.
"Had CBD been successful and timber harvest-
ing halted and so hemmed in with non-leg-
islative interpretation of the Forestry Act, the
almost 80 percent of timber imported into
California to make up for the shortage of its
in-state harvesting would increase to 100 per-
cent. No California agency has control of out-
of-state or foreign timber harvesters who ex-
port such large amounts of timber to Califor-
nia. The likelihood of a severe reduction of
wood import as well as wood usage from
house to furniture as well as paper is unlikely.
"The timber harvested out of state must gen-
erate extensive amounts of C02 with very
questionable GHG control. Since GHG is a
worldwide problem of serious moment, it
appears to be highly questionable to achieve
GHG reduction by increasing the out-of-state
and/or country emissions with questionable
controls at the expense of the emissions un-
der obviously well planned control.
"The only time GHG's emissions can be con-
trolled is at their source and the result of
construing the regulations under discussion
in this case would be to close down the con-
trolled production in exchange for produc-
tion of unknown or no GHG concern.
"It is also clear that closing the entire timber in-
dustry completely or even for a lengthy period
would have a significant impact on the econo-
my by eliminating the large number of timber
employees, mill workers and all the secondary
and tertiary businesses and people dependent
upon them, reducing governmental income by
way of taxes and shifting a part of wildlife,
management of streams and rivers, recreation,
preservation of wildlife habitat and many other
such negative repercussions to the state.
"It could also cause a physical change in the
environment by the loss of the industry and
the creation of empty special use buildings
falling into decay and thereby poss!bly caus-
ing a physical impact contrary to CEQA.
"In addition, a well-managed plantation is a
much better fire protector than a forest with
no management."
The methodology used was
reasonable under the circum-
stances and the law does not
require technical perfection."
The result, said Riley, is
that SPI's approach yielded
"not a snapshot, but rather an
overall progression over the
100-year picture of the entire
forest activities and the basis
for consideration of the emis-
sions and sequestrations."
CBD took issue with that
100-year horizon. The group's
attorney told reporters, "We
don't have 100 years to make
up for the additional emis-
sions."
Indian Valley Medical Clinic offers chilopractic evaluations
Complimentary chiropractic
:evaluations will be offered at
ithe Indian Valley Medical Clin-
ic from now through April 26.
Dr. Bruce Walker is sched-
iuled every Tuesday at the In-
dian Valley Medical Clinic on
Hot Springs Road (next to the
:Indian Valley Hospital build-
ing). Appointments for a free
chiropractic evaluation will
be available between 9 a.m.
and noon. Visitors do not
need to be an established pa-
tient to be seen, but they will
need an appointment.
Dr. Walker and his wife,
Linda, moved from the San
Francisco Bay Area in 1984
and opened a chiropractic
practice on Main Street in
Qu!ncYl They live in the
Cromberg area with their
German shepherd, Max.
Dr. Walker enjoys the out-
doors like many who live in this
beautiful area. In his spare mo-
ments, he likes to •spend time
hiking, taking photographs,
golfing and gardening.
He graduated from UC Davis
with a Bachelor of Science in
zoology and decided to pursue
plumasnews.com
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click on "Weather"
a career in the chiropractic
profession. He attended
Palmer College of Chiropractic
in Davenport, Iowa, from 1979
- 1982, receiving his license to
practice chiropractic in 1983.
He has been practicing in
Greenville since March 2010.
He has undertaken this free
offer because he wants to be
of service to Indian Valley
residents and would like to
help spread the word about
chiropractic benefits and his
availability at the Indian Val-
ley Medical Clinic.
To make an appointment,
call 284-6116.
Childbirth classes in Chester
Birth Partners Pregnancy
Mentors announces that
childbirth education classes
will begin again Monday,
March 7, from 6 - 8:30 p.m. at
the ABC Center conference
room, and will continue
through March 23 on Monday
and Wednesday evenings.
Up to 50 percent of new par-
ents choose not to attend child-
birth classes, relying only on
information from friends, fam-
ily and media. The percentage
of parents with an older child
who don't attend is even high-
er. In fact, many people spend
more time learning to operate
a computer or to fire ceramic
pottery than they do learning
about the very important
birthing process that will
mark their child's first mo-
ments on earth. In today's
world of increasing medical
technology, knowing how to
navigate through the dozens of
choices a parent will face can
be valuable to the birth out-
come and increase the par-
enrs sense of satisfaction.
Evidence from such sources
as the University of Minneso-
ta Department of Family Prac-
tice and Community Health in
Minneapolis and the October
2004 Maternal and Child
Health Journal, as well as
many others, indicates that:
Delivery was less distress-
ing in those who attended
childbirth education classes.
At age 6 - 9 weeks, infants
born to parents who took class-
es that included early infant
care displayed significantly bet-
ter sleeping patterns than in-
fants of parents who did not.
Information gained about
the use of pain medication in
labor was clearly helpful
when women made decisions
about pain relief.
Classes facilitated positive
birth outcomes, including re-
duction of Cesarean births.
The mother's confidence in
her innate ability to give
birth was enhanced.
Positive feelings toward the
birth, caregivers and the in-
fant were fostered.
There was a decrease in the
use of drugs during labor --
including costly epidurals.
Attendance at childbirth
classes was associated with a 75
percent increase in the odds
that a child will be breastfed.
A 2007 participant of the
Birth Partners Childbirth Ed-
ucation Series said, "The best
part of childbirth classes? I
feel empowered: more ready
and confident to give birth."
Classes are funded by
Plumas Rural Services WIC
department, Plumas Crisis In-
tervention and Resource Cen-
ter and Plumas Children's
Council, and are free to quali-
fying families. Pre-registration
for class is requested. For more
information, contact Susie
Wilson at 284-1406, e-mail birth
partners.susie@gmail.com, or
go to mamamentors.com.
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