David Chain
Encyclopedia
David Nathan "Gypsy" Chain (17 June 1974–17 September 1998) was an environmental activist. He was killed by a falling tree in suspicious circumstances during a protest in California
Redwood Forests against the Pacific Lumber Company
.
environmental advocacy group and was engaged on a campaign of tree sitting
in order to stop what they considered was illegal logging
, in breach of California Forest Practices Act, in the Headwaters Forest
, 350 miles north of San Francisco, near Grizzly Creek Redwoods State Park
. Headwaters was the largest private holding of old-growth forest in the world. Following a hostile takeover of Pacific Lumber Co., the Murphy family (the largest minority stock holders at the time) and countless previous stockholders, mostly company employees, were relieved of their stock by Charles Hurwitz and his Maxxam, Inc. corporation of Texas. Between a desire to turn a higher profit and the need to start paying off the debt incurred from acquiring the company, Hurwitz's Maxxam replaced the sustainable growth policy of the previous owner-managers with one of clearcutting
. The new practices led to the so-called Redwood Summer
campaign by environmentalists, and ultimately forced the 140-year old company to declare bankruptcy.
Many residents of the area made their living through logging, despite its heavy toll on the environment. On the one hand, some members of the community in the nearby mill town of Fortuna
strongly resented the presence of activists from other areas, as these were not aware of the potential economic impacts of logging stoppages. On the other hand, environmental activists like Chain believed that clearcutting was not sustainable and highlighted that the choice of jobs or the environment was a fallacy.
Sheriff Department, Chain was struck by a falling tree while trying to stop logging. He was killed instantly and died of massive head trauma. In response to his death, a Pacific Lumber Co. spokeperson said their logging crew did not see anybody in the area and were unaware of Chain's presence. Earth First! said that the loggers had been deliberately felling huge trees, in a perpendicular manner rather than downhill, in the protesters' direction. One of the protesters also noted that the tree fellers were fully aware that they were there, as the activists had been "yelling at them, walking towards them, telling them'Don't fall this tree' ". On a videotape supplied by Earth First!, Arlington Earl Ammons, the 52-year-old logger responsible for falling the tree that caused Chain's death can be heard shouting expletives and threatening the protesters.
Based on the local sheriff's probe, Humboldt County district attorney
Terry Farmer decided not to press charges, concluding Ammons had not knowingly aim a tree at any of the protesters. Farmer concluded Chain's death was an accident, and went further to say that he had considered charging Earth First! with involuntary manslaughter charges instead.
A wrongful death settlement was reached three days before trial was scheduled to commence. Its financial terms remain undisclosed but other parts were made public, as a reminder of the tragedy, the 135-foot tree that struck Chain will remain where it fell, and a 100-foot buffer zone will prevent any nearby logging. A memorial would also be erected.
As a condition of reinstating their license, Pacific Lumber agreed to the creation of the Headwaters Forest Reserve. It received $380 million dollars of public funds in return for the purchase. A Habitat Conservation Plan
(HCP) was also developed and approved to allow limited logging on the remaining 211000 acres (853.9 km²) of Pacific Lumber Company timberland.
dedicated a song to him, titled The Death of David Chain.
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
Redwood Forests against the Pacific Lumber Company
Pacific Lumber Company
The Pacific Lumber Company, officially abbreviated PALCO, was one of California's major logging and sawmill operations, located south of Eureka and north of San Francisco. The once storied company and its historically positive relationship with conservationists begun in the 1920s was altered...
.
Background
Chain was a member of the Earth First!Earth First!
Earth First! is a radical environmental advocacy group that emerged in the Southwestern United States in 1979. It was co-founded on April 4th, 1980 by Dave Foreman, Mike Roselle, Howie Wolke, and less directly, Bart Koehler and Ron Kezar....
environmental advocacy group and was engaged on a campaign of tree sitting
Tree sitting
Tree sitting is a form of environmentalist civil disobedience in which a protester sits in a tree, usually on a small platform built for the purpose, to protect it from being cut down...
in order to stop what they considered was illegal logging
Illegal logging
Illegal logging is the harvest, transportation, purchase or sale of timber in violation of laws. The harvesting procedure itself may be illegal, including using corrupt means to gain access to forests; extraction without permission or from a protected area; the cutting of protected species; or the...
, in breach of California Forest Practices Act, in the Headwaters Forest
Headwaters Forest
The Headwaters Forest Reserve is a series of old growth Coast Redwood groves measuring about . Located in the Northern California coastal forests ecoregion near Humboldt Bay of the U.S. state of California, most of it was owned by the now defunct Pacific Lumber Company, which was owned by Charles...
, 350 miles north of San Francisco, near Grizzly Creek Redwoods State Park
Grizzly Creek Redwoods State Park
Grizzly Creek Redwoods State Park is located 20 Miles east of Eureka, California then another east of Fortuna, California on State Route 36. This low use park containing 30 campsites is sited on the Van Duzen River. The small park was created by a donation from Owen R...
. Headwaters was the largest private holding of old-growth forest in the world. Following a hostile takeover of Pacific Lumber Co., the Murphy family (the largest minority stock holders at the time) and countless previous stockholders, mostly company employees, were relieved of their stock by Charles Hurwitz and his Maxxam, Inc. corporation of Texas. Between a desire to turn a higher profit and the need to start paying off the debt incurred from acquiring the company, Hurwitz's Maxxam replaced the sustainable growth policy of the previous owner-managers with one of clearcutting
Clearcutting
Clearcutting, or clearfelling, is a controversial forestry/logging practice in which most or all trees in an area are uniformly cut down. Clearcutting, along with shelterwood and seed tree harvests, is used by foresters to create certain types of forest ecosystems and to promote select species that...
. The new practices led to the so-called Redwood Summer
Redwood Summer
Organized in 1990, Redwood Summer was a movement of environmental activism aimed at protecting old-growth Redwood trees from logging by northern California timber companies...
campaign by environmentalists, and ultimately forced the 140-year old company to declare bankruptcy.
Many residents of the area made their living through logging, despite its heavy toll on the environment. On the one hand, some members of the community in the nearby mill town of Fortuna
Fortuna, California
Fortuna is a city in western-central Humboldt County, California, United States. The population was 11,926 at the 2010 census, up from 10,497 at the 2000 census. The city lies on the northeast shore of the Eel River , and is on U.S...
strongly resented the presence of activists from other areas, as these were not aware of the potential economic impacts of logging stoppages. On the other hand, environmental activists like Chain believed that clearcutting was not sustainable and highlighted that the choice of jobs or the environment was a fallacy.
Circumstances of his death
According to Humboldt CountyHumboldt County
Humboldt County is the name of three counties in the United States:* Humboldt County, California* Humboldt County, Iowa* Humboldt County, NevadaHumboldt County may also refer to:...
Sheriff Department, Chain was struck by a falling tree while trying to stop logging. He was killed instantly and died of massive head trauma. In response to his death, a Pacific Lumber Co. spokeperson said their logging crew did not see anybody in the area and were unaware of Chain's presence. Earth First! said that the loggers had been deliberately felling huge trees, in a perpendicular manner rather than downhill, in the protesters' direction. One of the protesters also noted that the tree fellers were fully aware that they were there, as the activists had been "yelling at them, walking towards them, telling them
Based on the local sheriff's probe, Humboldt County district attorney
District attorney
In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of...
Terry Farmer decided not to press charges, concluding Ammons had not knowingly aim a tree at any of the protesters. Farmer concluded Chain's death was an accident, and went further to say that he had considered charging Earth First! with involuntary manslaughter charges instead.
Civil suit and settlement
Following the reticence of the district attorney to file criminal charges, Chain's mother, Cindy Allsbrooks, started a civil suit against Ammons, Pacific Lumber and its parent company, Maxxam, alleging they were reckless and responsible for the death of her son.A wrongful death settlement was reached three days before trial was scheduled to commence. Its financial terms remain undisclosed but other parts were made public, as a reminder of the tragedy, the 135-foot tree that struck Chain will remain where it fell, and a 100-foot buffer zone will prevent any nearby logging. A memorial would also be erected.
Consequences
Soon after Chain's death, it was revealed that the California Department of Forestry & Fire Protection had charged Pacific Lumber with at least 250 violations of the California Forest Practice Act between 1995 and 1997. These violations continued to accumulate in 1998, and in November of that year, Pacific Lumber became the first company ever to lose its logging license in California.As a condition of reinstating their license, Pacific Lumber agreed to the creation of the Headwaters Forest Reserve. It received $380 million dollars of public funds in return for the purchase. A Habitat Conservation Plan
Habitat Conservation Plan
A Habitat conservation plan is a plan prepared under the Endangered Species Act by nonfederal parties wishing to obtain permits for incidental taking of threatened and endangered species....
(HCP) was also developed and approved to allow limited logging on the remaining 211000 acres (853.9 km²) of Pacific Lumber Company timberland.
In popular culture
Singer-songwriter David RovicsDavid Rovics
David Rovics is an American indie singer/songwriter. His music concerns topical subjects such as the 2003 Iraq war, anti-globalization and social justice issues. Rovics has been an outspoken critic of former President George W...
dedicated a song to him, titled The Death of David Chain.
External links
- "The Gypsy We Know & Love" Tribute to David Chain website by his mother, Cindy Allsbrooks.