"County urged to take legal action against NMFS" April 8, 1998

SISKIYOU DAILY NEWS Friday, April 3, 1998

County urged to take legal action against NMFS

BY GENE SHELEY
Daily News Staff Writer

     YREKA - Contributing to a legal fund will be considered by the Siskiyou County board of Supervisors next week as the board continued to express opposition Tuesday to a National Marine Fisheries Service (NMFS) critical habitat proposal.
     Most of the seating was filled Tuesday as citizens again expressed opposition to the NMFS plan that calls for 300-foot wide corridors along both sides of Siskiyou County salmon habitat rivers and streams.
     Klamath River real estate broker and tourist accommodation operator Chuck Atkins called for the county's contribution to initiate a suit against the federal agency that would involve engaging a qualified legal firm that specializes in environmental issues.
     Atkins said he is willing to contribute substantial funds to the effort because the NMFS proposal already is affecting his real estate sales.
     "I have two sales on hold because of this threat," said Atkins, who also urged the

board to contact Pacific Power relating to the effect the proposal will have on the area power firm;s easements and transmission installations maintenance.
     "The environmentalists have learned how to take everything to court and we should learn that too," suggested Atkins.
     The county's leading environmental advocate, Felice Pace, spoke in support of the NMFS proposal, using the term "bull" relating to allegations that past environmental restrictions have put people out of business.
     Supervisor Joan Smith of Montague immediately responded by naming two typical logging firms that she alleges have been dissolved because of environmental movement-caused logging reductions.
     Smith suggested the Mountain States Legal Foundation might be considered to represent the county and other interests in any lawsuit.
     The legal foundation is headquartered in Colorado and represents organizations and individuals in land rights issues.

     In an unrelated land use issue, the board agreed to enter a lawsuit filed in Oregon, similar to a Klamath Basin lease land suit in which the county already is engaged.
     The California suit was brought by a coalition of environmental groups, including the Klamath Forest Alliance, against the federal secretary for alleged problems with agricultural chemicals used on federally managed private-leased land in the upper basin.
     As similar suit was filed by in Oregon against Babbitt by an organization called the Northwest Coalition for Alternatives to Pesticides.
     The suits are so similar, county counsel Frank DeMarco recommended to the board that the county join as a defendant in that suit as well.
     The county engaged in the original suit and the secondary matter over concern that Babbit, whose track record is one of supporting environmental measures, might not contest the suit. Babbit's department is the parent agency that controls the leased land.