CASE DISMISSED! PLF loses Balloon Track lawsuit

June 30, 2010

The so-called Citizens for a Better Eureka (CBE) saw their case against the California Coastal Commission (CCC) thrown out of Humboldt County Superior Court Wednesday.

After issuing a temporary ruling from the bench Wednesday siding with the CCC, lawyers from the Pacific Legal Foundation (PLF) fought to sway Judge John Feeney that the Balloon Track was outside the jurisdiction of the Commission.  The court saw through the legal shenanigans and upheld the CCC’s demurrer, thereby tossing the case out of the court without leave to amend the complaint.

PLF represented CBE in the case, but now they’re SOL.

EARLIER: Balloon Track court hearing Wednesday

UPDATE: Wednesday’s smack-down also signals the end of Security National’s lawsuit against the Coastal Commission, but SN lawyers say they will appeal the decision.


Balloon Track court hearing Wednesday

June 29, 2010

One of the many lawsuits involving the Balloon Track property in Eureka will be heard in Humboldt County Superior Court Wednesday.

A newly formed group called Citizens for a Better Eureka (CBE) sued the California Coastal Commission (CCC) in February to challenge the CCC’s authority over the property.  CBE is represented by Pacific Legal Foundation (PLF), whose Board of Directors once included Balloon Track owner Rob Arkley, Jr.

PLF lawyer Damien Schiff told KINS radio Tuesday that the lawsuit is “designed to tell the Coastal Commission to ‘butt out’ of this process.” Schiff said the Commission doesn’t have power to change or stop the so-called clean-up plan approved by the Regional Water Board and the City of Eureka.

But the Commission has yet to take any action on the plan, which was appealed to the CCC by environmental groups, local attorney Ralph Faust, and Commissioners Mark Stone and Ross Mirkarimi.  A hearing on the appeal is being stalled by Arkley — who refuses to supply information requested by the CCC.

Arkley and his representatives have leaned heavily on the Water Board’s approval of the plan to argue that it should be implemented without further regulatory oversight.   But Water Board Executive Officer Catherine Kuhlman cut the legs off that argument with an April letter to Arkley’s Security National Corporation.

“Our concurrence with your SIRAP was conditioned upon your obtaining all required permits, including a coastal development permit, and was not intended to, nor do we believe it could, supplant the independent regulatory authority of the Coastal Commission or any other agency,” wrote Kuhlman.

The hearing is scheduled for 1:45.

UPDATE: CASE DISMISSED! PLF loses Balloon Track lawsuit


Throw a retirement party for Murl while there’s still money in the shoebox

June 29, 2010

Now would be a good time for Eureka Police Captain Murl Harpham to retire.

The City of Eureka is projecting a $4.5 million shortfall for 2010-2011 and public safety is squarely on the chopping block.  The situation has led Eureka Fire Chief Eric Smith to retire 5 years early to save jobs for younger fire fighters. Harpham should do the city a service and make a similar decision.

Harpham has been with EPD since the late 1950′s. In a past interview with the Times-Standard Harpham said he would stay with the force as long as he could serve the public.

But in light of bad budget times and the substantial cuts facing EPD, Harpham could retire and continue work as a reserve officer.

Eureka is no longer the “hell hole” that Murl once described thanks to desperately needed changes at EPD.  But without careful use of the city’s severely restricted funds, a return to darker times could be on the horizon.


Of marijuana and electricity

June 28, 2010

An NPR report looks at the environmental impacts of growing pot.

Peter Lehmann of the Schatz Energy Research Center at Humboldt State University told the reporter about this county’s high wattage demand.

He says some indoor grows use 20 times the electricity of an average household. Lehmann and a colleague found that Humboldt County residents use 25 percent more electricity per capita than the average Californian. That’s like every person in the county having a personal full-sized refrigerator.

[Image source].


Green Diamond clear-cuts

June 28, 2010

Check out this flyover footage of Green Diamond (formerly Simpson) timber lands.

[h/t EPIC.]


BLUE LAKE: The Opera

June 27, 2010

Del’Arte is celebrating the 100th anniversary of Humboldt County’s little town of Blue Lake with an opera.

From the Dell’Arte website:

On the 100th aniversary of the founding of Blue Lake, Dell’Arte takes us back to the wild days of Blue Lake’s birth in 1910. Hogs in the streets, rowdy logging camps, mysterious Odd Fellows, gunfights, fires, housewives and socialists–and three tired schoolteachers in charge of 190 students–how could love possibly survive in a place like this? But it did, even when the great fire of 1911 tragically and spectacularly took down the Odd Fellows Hall…

The story is big. It’s bold. It pushes the boundaries of what is possible (and believable). It is nothing less than operatic.

The show continues tonight, followed by another 3-day run Thursday – Saturday, July 1-3.  Get tickets online or call (707) 668-5663.


Oil addiction must end

June 26, 2010

[Guest post by Jen Savage.]

Like everyone, the images streaming in from the Gulf Coast oil disaster continue to horrify me. Like many, my initial condemnation included not only BP for their legacy of greed and carelessness, not only our government representatives for slacking on their oversight responsibilities, but myself for being such a willing participant in an oil-dependent lifestyle.

However, no matter how much all of us who drive cars, buy imported goods and otherwise live a typical American lifestyle acknowledge the consequences of our actions, without a serious, effective overhaul of our energy policies at the top governmental levels, change cannot happen on a globally meaningful scale.

Horrifying as they are, photos of dying wildlife, displaced fishermen and a polluted sea are not unique to the Gulf – yet nearly a generation after the Exxon Valdez spill, our addiction to oil still threatens our coastal communities, marine wildlife, the economy and our ocean—the life support system of our planet. Even more appalling, unlike the Exxon Valdez spill, in which at least a finite amount of oil was aboard the ship, the BP Deepwater Horizon rig tapped into a large reservoir of oil that will continue to gush until a solution is found to stop it. More than ever, the need to transition to clean energy, to end our reliance on oil, is on full, brutal display.

It’s time to redefine our attitude toward our ocean, move beyond simple appreciation of its beauty and power, and truly commit to repairing it. The sea inspires, true, but we must admire more than the view. The ocean sustains us with food, oxygen and the climate we need to survive. We must stop exploiting it. We must stop destroying that upon which all life depends. While the Gulf is under direct assault, the ocean’s broader demise threatens every one of us.

Implementing necessary change means creating new policies now – policies that will result in smarter use of the ocean to benefit our environment and economy. Congressional action should focus on supporting clean energy, not opening new areas to drilling. Additionally, the West Coast of the U.S. should be off limits to additional offshore oil drilling permanently. A moratorium should be reinstated immediately to protect the critical ecosystems that support California tourism and coastal-dependent enterprises valued – conservatively – at $42.9 billion annually.

On the topic of economics, BP’s Deepwater Horizon oil rig disaster demonstrates the kind of risk oil companies take with our ocean while they benefit greatly. BP made $163 billion in profits from 2001-09 and $5.6 billion in the first quarter of 2010. More of such profits must be invested in understanding, protecting and restoring and managing our public resources.

The oil spill has reminded Americans how much we care about our coasts and oceans. We need a new policy that recognizes that in our ocean environment, everything is connected – from industrial uses to the health of our ocean to the health of the coastal economy.

While the fight for wiser marine management unfolds on a number of fronts, everyone has the opportunity to create a new image this weekend – an image of a united demand for new clean energy instead of the same old dependence on oil. Join Ocean Conservancy, Humboldt Surfrider, Humboldt Baykeeper and the Northcoast Environmental Center for Hands Across The Sand, Saturday, June 26, at Moonstone Beach. Gather at 11:30 a.m. and join hands at noon. Hands Across The Sand takes place nationwide. Join the call for clean energy on the North Coast, where we still enjoy a beach free of tar balls and oiled wildlife – for now. (Related events take place at Mad River Beach and Tooby Park.)

Jennifer Savage is Ocean Conservancy’s North Coast Program Coordinator and the chair of Humboldt Surfrider.


Glass, Leonard talk Marina Center measure on KHUM

June 25, 2010

Eureka City Councilmen Larry Glass and Jeff Leonard called in to KHUM’s weekly Coastal Currents show this week to talk about the upcoming Marina Center ballot measure.

Glass and Leonard joined DJ Mike Dronkers and Humboldt Baykeeper head honcho Pete Nichols for the discussion.

There doesn’t appear to be any disagreement that the measure, even if passed, will have no bearing on whether the project moves forward.  Nichols called November’s vote a “survey monkey,” or an internet poll. The project still has to go through the California Coastal Commission no matter what, and Leonard agrees the vote won’t influence that process.


Cost of living, Humboldt style

June 25, 2010

A working 2-parent family in Humboldt County needs just under $70,000 per year to meet basic needs, according to a new report by the California Budget Project.

From the Sacramento Bee:

“Our report strives to paint an accurate picture of what it costs for working families to pay the bills. We found that making ends meet remains out of reach for millions of Californians,” said Jean Ross, executive director of the CBP. “As state policymakers craft a spending plan this summer, it’s important that they support the public systems and structures that working families rely on, such as state-supported child care.”

Full report here. See page 31 for the Humboldt County breakdown.


Hands Across the Sand to oppose offshore drilling

June 24, 2010

Humboldt County is taking part in an international event Saturday to say No to offshore oil drilling and Yes to clean energy.

Hands Across the Sand will take place in three Humboldt County locations:

  1. Westhaven at Moonstone Beach.
  2. Arcata at Mad River County Park.
  3. Garberville at Southern Humboldt Community Park-Tooby Memorial Park.

To participate, arrive at 11:00 to be ready to join hands at noon along the water for 15 minutes.

More info at handsacrossthesand.com.


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