CLMP's CEQA Lawsuit
...by Ed Denson
In September 1997, CLMP sued the Humboldt County Sheriff (and Humboldt County and others) for failing to comply with the California Environmental Quality Act (CEQA) when planning and carrying out marijuana raids. After some initial court action, things have settled down into the long, slow grind of the legal system.
The next hearing is expected to occur around April 15, 1998. The parties have agreed that the temporary restraining order concerning the Sheriff's use of helicopters will stay in effect until that date. Of course, the Sheriff does not use helicopters in his normal winter marijuana operations, so this order will have little practical effect during most of its duration.
However, helicopter raids have occurred as early as the opening days of April, when the MET team is able to get the National Guard to divert training missions to law enforcement purposes. Therefore, I would expect that the Sheriff's defense team will make great efforts to lift the TRO as soon as they can once the hearings begin so that the Sheriff can use his machinery without the restraints of law imposed by the court. Humboldt County residents should also be watching law enforcement activity with sharpened eyes, and pencils, this spring, for violations of the TRO. Reports received by CLMP lead me to believe the TRO was violated in the closing days of CAMP '97, and history suggests that the Sheriff has no intention of preventing similar acts in 1998.
Related to the CEQA lawsuit, can Supervisor Bonnie Neeley vote on matters involving her husband, DA Terry Farmer? Bonnie Neeley is the Humboldt County Supervisor representing District 4, essentially the city of Eureka. Her husband, Terry Farmer, is Humboldt County District Attorney. Neeley routinely votes on board actions which involve the DA's office. CLMP has challenged one of those votes: Her vote last fall to allow the Sheriff to apply for funding of the Marijuana Eradication Program by a state grant. Her vote was the deciding vote. Without it the proposal would have been deadlocked 2 - 2, and thus not passed. CLMP believes her vote was improper. This issue arose in the middle of the CEQA action, and is now being litigated on its own schedule. I believe the next hearing will occur May 15, 1998, about one month after the CEQA action next goes to court. One very important thing at stake here is the 1998 vote for the marijuana grant. Although this is an election year, and the Board of Supervisors has some contested seats, the present Board will be seated for all of 1998, most likely. Thus, Bonnie Neeley will have an opportunity in 1998 to vote for the second time since the issue was brought up, on the marijuana grant program. This vote might also be one which she may not cast. Look for an eventful summer in the courts.
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