137 



Boyd, Huffman & Williams 



attorneys at law 



55 FRANCISCO STREET, SUITE 550 



SAN FRANCISCO. CALIFORNIA 94133 



(415) 981-5500 



FACSIMILE (415) 981-5501 



March 6, 1994 



TESTIMONY OF KIRK BOYD 



BOYD, HUFFMAN & WILLIAMS, ATTORNEYS AT LAW 



IN SUPPORT OF HR 2153 



THE "GIANT SEQUOIA PRESERVATION ACT" 



before 



HOUSE SUBCOMMITTEE ON SPECIALTY CROPS 



AND NATURAL RESOURCES 



on 

 MARCH 9, 1993 at 10:00 a.m. 



Mr. Chairman, Members of the Committee: 



Thank you for this opportunity to submit written testimony in support 

 of HR 2153, the "Giant Sequoia Preservation Act." Ovir law firm represents 

 Environment Now, The Tulare Coimty Audubon Society, the Sequoia Forest 

 AUiance and other environmental organizations. 



0\ir firm recently won a lawsuit brought in the United States District 

 Coxirt for the Eastern District of California on behalf of the Tvilare County 

 Audubon Society and Sequoia Forest Alliance, Tulare County Audubon Society, et 

 al., V. Mike Espy, CV-F-93-5373 OWW. The issue raised was whether the Forest 

 Service had to complete supplemental environmental impact statements on four 

 timber sales to take into consideration new scientific information on the California 

 Spotted Owl. The Court ruled that the new information is "significant" and 

 ordered that it be considered by the Forest Service. 



I will not recapitulate the lengthy pleadings and declarations in the case 

 in their entirety. The actions of the Forest Service can be summarized in one 

 word: DISINGENUOUS. The Forest Service had not made a genuine effort to 

 incorporate the latest scientific information ~ to the contrary, the Forest Service 

 intentionaUy disregarded the latest scientific information prepared by an 

 Interagency California Spotted Owl Steering Committee. The Committee included 

 members from the State of California and U.S. Cxovemment, observers from State 

 and local agencies, and private interest groups, including timber industry and 

 environmental group representatives. The Committee formed a scientific advisory 

 team which included Forest Service scientists and prepared a written report titled 

 The California Spotted Owl: A Technical Assessment of Its Current Status (the 

 "CASPO" report). 



