9/18/1997 236

TIMBER/GRAZING INJUNCTION SURVIVES SUPREME COURT CHALLENGE-SOUTHWEST CENTER REQUESTS PERJURY CHARGES AGAINST TIMBER EXEC

On September 12, 1997, U.S. Supreme Court Justice Antonin Scalia rejected a bid by Precision Pine and Timber Inc., to invalidate the Ninth Circuit Court of Appeals July 25, 1997 injunction barring timber sales and grazing permits which violate Forest Plans in Arizona and New Mexico.

Precision Pine requested that the Supreme Court either strike down the injunction, or release three timber sales owned by the Arizona-based logging company. Lewis Tenney, principal owner of Precision Pine submitted a declaration saying that the company would have to close its one remaining sawmill (two others are currently closed) and go out of business, unless it is permitted to log three old growth timber sales. The Southwest Center submitted a counter-declaration, showing that Precision Pine owns numerous timber sales with many millions of board feet of timber which are not enjoined by the Ninth Circuit Decision. Justice Scalia agreed that Precision Pine does not have standing to challenge the injunction.

The Southwest Center and Forest Guardians are represented by EarthLaw(Denver) and Steve Sugarman (Santa Fe).

On September 17, 1997, the Southwest Center formally requested the U.S. Attorney Janet Napolitano file perjury charges against Tenney for submitting a fallacious declaration with the Supreme Court. Though Tenney claimed that he was forced to close his Eager sawmill because of the injunction and would soon be forced to close his Winslow mill, Precision Pine has 12.4 million board feet of timber under contract that can be logged anytime. This is enough timber to run theWinslow mill for a year. Much of the timber has been available since 1993, but has not been logged because of market conditions. Tenney told the Arizona Republic that the trees in these sales were "unprofitable" because they are under 9" in diameter. The sales, however, have more than 75,000 trees over 10" in diameter, including many trees over 30".

A perjury charge may result in a prison term of up to five years.