Suit Alleges Timber Cutting Increases Risk of Mudslides

Switching strategies in the fight against logging, a group of North Coast residents filed suit against two timber companies Tuesday, alleging that clear-cutting damaged their property and created a risk of mudslides and floods.

The unusual legal tactic also accuses Maxxam Inc., owner Charles Hurwitz, the Pacific Lumber Co. and Barnum Timber Co. of racketeering, alleging that they used the mail and telephone systems to defraud the government and residents in rural Humboldt County and along the north fork of the Elk River about the true extent of the harm their operations would cause.

The issue of logging in the area around Eureka has been in the courts for years, but the suits have mostly pitted environmental groups, regulatory agencies and the lumber companies against one another, charging violations of environmental laws.

Tuesday’s suits, by contrast, allege violations of personal and property rights. They were filed in Humboldt County Superior Court by 40 residents who live along the river and in the town of Stafford, 30 miles south of Eureka. Many are employees of Pacific Lumber and some are third- or fourth-generation residents.

“We are tired of hearing Hurwitz cry about his property rights. What about us, the people who live here, and our rights?” asked plaintiff Marian Del Biaggio, 72.

“What is Hurwitz going to do to make sure our property and communities are not further destroyed in his drive for profit?”

The suits allege that the companies engaged in irresponsible logging above the town that caused a massive mudslide last New Year’s Day and ongoing flooding of the north fork. The slide destroyed or damaged seven homes in the tiny town, which has a population of 60.

Maxxam spokesman Bob Irelan said the suits are without merit and said his company would fight them.

“The Stafford slide was very unfortunate, however it has not been determined that harvesting, whether done by us or anyone else, caused it,” he said.