Wednesday Deadline Set for Bond in Effort to Block Lumbering

A judge gave environmentalists until Wednesday to come up with a $250,000 court-ordered bond or face a North Coast timber firm’s cutting an unprotected tract of redwoods inside the Headwaters forest sanctuary.

Judge Quentin Kopp rejected arguments Friday from the Sierra Club that the bond should be reduced or eliminated.

Kopp sided with the Sierra Club and another group earlier this week, blocking a plan by Pacific Lumber Co. to cut more than half of a 1,000-acre section of trees dubbed Hole in the Headwaters.

But as part of the ruling, Kopp ordered environmentalists to come up with the bond, which would offset any losses by Pacific Lumber if the firm prevails during a trial not expected to take place until later in the year.

During a short hearing in Kopp’s San Mateo County courtroom, the judge rejected an attempt by the Sierra Club to reduce or eliminate the bond requirement. Kopp, a former state senator from San Francisco, took on the case while on loan to the Humboldt County Superior Court, which has jurisdiction in the case.

After the decision by Kopp, environmentalists began scrambling anew to raise the cash. But they also were eyeing the possibility of appealing Kopp’s decision.

Though the judge contends that the Sierra Club has “vast” financial resources to draw on, officials at the national environmental group counter that all the money is committed to other chapters and programs.

On a wider front, they say the bond requirement is unprecedented and would hamper legal efforts by public interest groups, which typically lack the financial clout to afford such monetary requirements.

“We’re stunned and disappointed,” said Kathy Bailey of the Sierra Club. “We think a bond of this sort sets a dangerous precedent. Only people who have deep pockets will be able to sue on issues of great public interest.”

Bailey said the Sierra Club and the Environmental Protection Information Center, a participant in the lawsuit seeking to stop Pacific Lumber, have raised some of the money--including several contributions from Hollywood celebrities. But, she said, they remain far short of their goal.

Mary Bullwinkel, a Pacific Lumber spokeswoman, said the firm was cheered by the judge’s ruling. In the meantime, the Scotia-based timber company has committed itself to delaying the start of any operations until after Wednesday’s deadline.

“If they have the resources to bring the lawsuit, they should have the resources to meet the requirements of the court,” Bullwinkel said.