Injunction - Cascadia Wildlands

Press Release: Post-fire Logging Halted on the Willamette National Forest

kaley — Fri, 03 Dec 2021 21:02:55 +0000

FOR IMMEDIATE RELEASE
December 3, 2021

Contacts:
Nick Cady, Cascadia Wildlands, nick@cascwild.org, (541) 434-1463
Meriel Darzen, Crag Law Center, meriel@crag.org
Doug Heiken, Oregon Wild, dh@oregonwild.org

Judge Halts Post-Fire Logging near Breitenbush

Forest Service Unlawfully Changed Logging Contracts Following 2020 Wildfires

Eugene, OR — Today, a federal judge enjoined post-fire logging on the Willamette National Forest near Detroit Lake and Breitenbush hot springs. The Forest Service was converting previously approved restorative thinning projects into post-fire clearcuts without any public notice or environmental review, despite the significant new information and conditions created by the fires.

IMAGES FOR MEDIA USE

“Oregon’s response to these fires needs to include the public, be forward-looking, and designed to protect and restore our treasured forested areas, instead of knee-jerk efforts to generate as much timber volume as possible,” said Nick Cady of Cascadia Wildlands. “It is heartening to hear the Court explicitly recognize and emphasize this approach.”

Conservation groups Cascadia Wildlands and Oregon Wild learned the Forest Service had changed the terms of timber sales pre-dating the fires in late spring 2021 because members of the organizations discovered clearcutting in areas that were supposed to be restoration thinning projects. The organizations had participated in the public process shaping these prior projects, but were not informed about the agency’s dramatic shift. Documents obtained via the Freedom of Information Act revealed that the contract changes were not limited to the areas in the lower McKenzie River watershed adjacent to highway 19 near Cougar Reservoir, but in fact were occurring across the Willamette National Forest, including in areas near the beloved Breitenbush hot springs. The National Environmental Policy Act requires federal agencies to consider significant new information, such as large forest fires and the risks and tradeoffs associated with logging in these sensitive post-fire areas.

“Both the catastrophic 2020 fires and the Forest Service’s decision to implement ‘salvage’ where it was originally going to do selective thinning and burning were significant changes that required new analysis and public involvement,” said Meriel Darzen of the Crag Law Center, one of the attorneys for the conservation groups. “Cascadia and Oregon Wild were heavily invested in these projects and are deeply concerned about the recovery of these areas after the fires; the Forest Service’s backroom decision to log these sensitive recently burned areas with no analysis is harmful to the forest and the communities that are still recovering from the fires.”

Though some of the areas subject to the contract changes were already logged, today’s injunction precludes the Forest Service from moving forward with those that have yet to be cut pending the outcome of the lawsuit. In November, a federal judge enjoined much of the Forest Service’s plans to log along little used forest roads within the 2020 fire perimeter, also for failure to comply with the National Environmental Policy Act. These actions highlight a pattern of the Willamette National Forest failing to comply with federal environmental laws designed to ensure the public is included in decision-making on public lands and that agency decisions follow the best available science.

“Oregon Wild brought this case to defend the simple proposition that when a wildfire burns through an ongoing timber sale, the Forest Service needs to pump the brakes and involve the public in deciding how to move forward,” said Doug Heiken of Oregon Wild. “That’s not just the law, but also the best way to protect our forests, drinking water, wildlife, carbon, and scenic values.”

Logging in recently burned areas does significant environmental harm: introducing invasive species, disturbing sensitive soils, increasing the likelihood of landslides and disturbing wildlife and plant species that coevolved with and depend on wildfires. It can also increase future fire risks and hazards.

Federal Judge Ann Aiken ruled from the bench during today’s hearing, granting conservation organizations’ request for an injunction. A written ruling is forthcoming. The organization are represented by attorneys at the Crag Law Center and Cascadia Wildlands.

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Lawsuit Halts Wolf Killing in Washington!

nsc425 — Tue, 21 Aug 2018 04:12:45 +0000

A male wolf in the Togo pack in Ferry County in northeast Washington is photographed by a trail camera (photo by WDFW).

FOR IMMEDIATE RELEASE
August 20, 2018

Court Grants Emergency Halt of Washington’s Kill Order for Wolf Pack

OLYMPIA, Wash.— Two conservation groups filed an emergency lawsuit today seeking a temporary restraining order to stop Washington wildlife officials from carrying out a kill order for the Togo wolf pack in Ferry County. The decision, issued today, orders the death of the collared, black-male adult from the pack and holds open the possibility for killing additional pack members. The Togo pack consists of only two confirmed adults plus an unknown number of pups. The kill order was halted by the court late this afternoon.

Today’s suit was filed on behalf of the Center for Biological Diversity and Cascadia Wildlands. It asserts that the agency’s order to kill wolves from the Togo pack in northeastern Washington relied upon a faulty protocol and failed to undergo required environmental analysis. The suit was filed in Superior Court of Washington for Thurston County.

“It’s outrageous that Washington wildlife officials want to kill more wolves from the state’s small and recovering wolf population,” said Amaroq Weiss, the Center’s West Coast wolf advocate. “Washingtonians overwhelmingly want wolves recovered, and current science says that killing wolves to prevent conflict is counterproductive. This isn’t the Old West anymore.”

Since 2012 the state has killed 18 state-endangered wolves, nearly 15 percent of the state’s current confirmed population of 122. Of those 15 were killed on behalf of the same livestock owner. Those kills have now led to the eradication of three entire wolf packs, including the Sherman pack last year, Profanity Peak pack in 2016 and Wedge pack in 2012.

“The state should not take actions against the public’s wildlife that are counter to best available science nor should it be violating state laws to craft protocols giving itself permission to take these ill-advised actions,” said Nick Cady, legal director at Cascadia Wildlands. “Wolves are part of Washington’s wildlife heritage, and agency management of these magnificent animals should be based on science, follow the law and allow for full public input.”

Background

In June 2017 state Fish and Wildlife officials adopted a revised “wolf-livestock interaction protocol” for determining when to kill wolves in response to livestock conflicts. The protocol allowed the state to kill wolves more quickly than in prior years. It was adopted without any public input or environmental review, in violation of the state’s Environmental Policy and Administrative Procedure acts. That summer and fall, the department issued kill orders on the Smackout and Sherman packs and killed wolves from both packs. The Center and Cascadia Wildlands sued the state in September over its kill operation on the Sherman pack.

A May 2018 court ruling held that the 2017 lawsuit was moot because the court had already destroyed the Sherman pack, so the court could not provide plaintiffs with a remedy. However, in its ruling, the court also noted that the plaintiffs’ issues were of significant public interest and required the department to provide eight hours’ public notice of the intention to start any new kill operation. This notice requirement was meant to allow plaintiffs or any other members of the public sufficient time to seek a temporary restraining order to prevent future kill operations.

Washington’s wolves were driven to extinction in the early 1900s by a government-sponsored eradication program on behalf of the livestock industry. The animals began to return from neighboring Idaho and British Columbia in the early 2000s, and their population had grown to 22 confirmed packs by the end of 2017.

But wolf recovery in Washington is still a work in progress. Wolves remain absent from large areas of the state, and although the population has been growing, it remains small and vulnerable.

Plaintiffs are represented in the case by attorneys from the law firm Lane Powell.

The Center for Biological Diversity is a national, nonprofit conservation organization with more than 1.6 million members and online activists dedicated to the protection of endangered species and wild places. Recognizing the ecological importance of wolves, bears and other carnivores, the Center uses science-based advocacy to defend these magnificent animals from persecution, exploitation and extinction. Find out more about our Carnivore Conservation campaign.

Cascadia Wildlands educates, agitates, and inspires a movement to protect and restore Cascadia’s wild ecosystems. We envision vast old-growth forests, rivers full of wild salmon, wolves howling in the backcountry, and vibrant communities sustained by the unique landscapes of the Cascadia bioregion.

The post Lawsuit Halts Wolf Killing in Washington! first appeared on Cascadia Wildlands.

Court Halts Logging of Elliott State Forest Tract Sold to Timber Company

nsc425 — Tue, 20 Dec 2016 17:25:36 +0000

FOR IMMEDIATE RELEASE
December 20, 2016

Contact:
Nick Cady, Cascadia Wildlands, (314) 482-3746
Noah Greenwald, Center for Biological Diversity, (503) 484-7495
Bob Sallinger, Portland Audubon, (503) 380-9728

Court Halts Logging of Elliott State Forest Tract Sold to Timber Company

Old-Growth Clearcutting Stopped to Protect Threatened Marbled Murrelets

EUGENE, Ore.— A U.S. District Court in Eugene has issued a preliminary ruling preventing Scott Timber from clearcutting a parcel of the Elliott State Forest purchased from the state of Oregon. The court found that the proposed logging of the Benson Ridge parcel by the subsidiary of Roseburg Forest Products raised serious questions over the potential harm threatened marbled murrelets, in violation of the federal Endangered Species Act.

In August Cascadia Wildlands, the Center for Biological Diversity and Portland Audubon filed a lawsuit in federal court seeking to block Scott Timber from logging the 355-acre parcel of land, part of the 93,000-acre Elliott State Forest until 2014 and home to threatened marbled murrelets. The Endangered Species Act strictly prohibits “take” (harm, harassment or killing) of threatened species like the murrelet, which, unlike any other seabird, nests on the wide branches of large, old trees, making a daily trip of up to 35 miles inland to bring fish to its young. The court’s ruling on Monday prevents the logging of the Benson Ridge parcel until a full trial can be had on the merits.

“Today’s ruling has enormous implications for the state of Oregon’s efforts to dispose of the Elliott State Forest to private timber interests,” said Nick Cady, legal director at Cascadia Wildlands. “The state represented to these private timber interests that the forest could be logged without legal consequence, and this ruling establishes that private timber companies can no longer violate federal environmental laws with abandon.”

The court’s decision is well timed. On Dec. 13 Oregon’s State Land Board postponed a decision on a pending proposal to sell the remaining 82,000-acres of the Elliott State Forest to Lone Rock Timber Company. The court’s injunction halting the logging planned by Scott Timber indicates Lone Rock could be held liable under federal environmental laws for clearcutting the old-growth forests that once belonged to all Oregonians.

“The state of Oregon should never have sold this land,” said Noah Greenwald, endangered species director at the Center for Biological Diversity. “Not only does it have important habitat for the marbled murrelet and other wildlife, but it was there for all Oregonians to enjoy.”

In 2012 the three groups sued the state of Oregon for illegally logging marbled murrelet habitat on the Elliott and other state forests. The state settled the suit in 2014, agreeing to drop 26 timber sales and stop logging in occupied murrelet habitat. But following the loss, the state sold three parcels totaling 1,453 acres, even though they contained mature and old-growth forests that are occupied by the murrelet, including the 355-acre Benson Ridge parcel.

“This demonstrates the incredible cynicism that underpins the State’s efforts to sell the Elliott off to private timber interests,” said Audubon conservation director, Bob Sallinger. “Not only does it put fish and wildlife species at risk and eliminated use for future generations, but it also is predicated on those private timber companies returning to the illegal logging practices that the State was forced to abandon.”

The court’s preliminary ruling is one of several promising developments for the protection of old-growth forests in Oregon critical to the survival of murrelets and other imperiled wildlife. The Oregon Department of Fish and Wildlife recently initiated a process to uplist the murrelet’s state protection status from threatened to endangered. The Oregon Board of Forestry recently decided to take up a petition to identify and develop rules to protect murrelet sites on state and private timber lands.

Cascadia Wildlands represents approximately 10,000 members and supporters and has a mission to educate, agitate and inspire a movement to protect and restore Cascadia’s wild ecosystems.

The Center for Biological Diversity is a national, nonprofit conservation organization with more than 1.1 million members and online activists dedicated to the protection of endangered species and wild places.

Audubon Society of Portland was founded in 1902 to promote the understanding, enjoyment and protection of native birds, other wildlife and their habitats. Today it represents over 16,000 members in Oregon.

The post Court Halts Logging of Elliott State Forest Tract Sold to Timber Company first appeared on Cascadia Wildlands.

Press Release: State of Oregon Suspends 10 State Forest Timber Sales in Marbled Murrelet Habitat

bob — Mon, 02 Jul 2012 16:06:33 +0000

For immediate release
July 2, 2012

Contact:
Josh Laughlin, Cascadia Wildlands, (541) 844-8182
Noah Greenwald, Center for Biological Diversity, (503) 484-7495
Bob Sallinger, Portland Audubon Society, (503) 380-9728
Tanya Sanerib, Crag Law Center, (503) 525-2722

State of Oregon Suspends 10 State Forest Timber Sales in Marbled Murrelet Habitat
Simultaneously, Conservation Groups File Injunction Request to Safeguard the Threatened Seabird During Lawsuit

PORTLAND, Ore. — The State of Oregon has suspended operations on 10 timber sales in marbled murrelet habitat one month after Cascadia Wildlands, the Center for Biological Diversity and the Audubon Society of Portland filed a lawsuit alleging the state’s logging practices in the Tillamook, Clatsop, and Elliott State Forests are illegally “taking” the imperiled seabird in violation of the Endangered Species Act. To prevent additional murrelet habitat from being lost while the case works its way through the court system, the conservation groups filed an injunction request in federal court to halt sales and logging in the occupied murrelet habitat pending the outcome of the lawsuit.

The State agreed to suspend three timber sales and to hold off on auctioning three others to give the Court time to consider the preliminary injunction motion. Plaintiffs have also recognized the State has taken things a step further by removing at least four additional timber sales in murrelet habitat from the auction block that were scheduled to be sold in the near future.

“We are pleased that the state has suspended clearcutting in murrelet habitat on its own accord while this portion of the case proceeds,” said Francis Eatherington, conservation director with Cascadia Wildlands. “We hope that Governor Kitzhaber will permanently abandon these illegal timber sales, prevent any others like them in the future, and begin acting within the law in managing our state forests.”

The Endangered Species Act prohibits actions that “take” threatened species. Take is broadly defined to include actions that kill, harm or injure protected species, including destruction of habitat. The injunction request presents evidence that logging in the three state forests is harming marbled murrelets by destroying their nesting habitat. The logging operations were either already underway or ready for auction.

“Oregon’s irresponsible logging is driving the marbled murrelet to extinction,” said Noah Greenwald, endangered species director for the Center for Biological Diversity. “We’re asking the court to stop the worst of the state’s timber sales, and encouraging Governor Kitzhaber to initiate the development of scientifically-supported management plans for our coastal state forests.”

The injunction motion requests a halt to 11 timber sales, constituting 840 acres of proposed logging in the three forests as well as a halt to any future logging in occupied murrelet habitat pending the outcome of the case. The injunction is necessary because significant amounts of murrelet habitat could be lost while the case works its way through the court system.

“The suspension of the timber sales is an important interim measure while the litigation proceeds,” said Bob Sallinger, conservation director for the Audubon Society of Portland. “However it is important for the public to realize that these and other sales in murrelet habitat are still at real risk of proceeding in the near future.”

The most recent status review of marbled murrelets by the U.S. Fish and Wildlife Service found the birds have been declining at a rate of approximately 4 percent per year and that this decline likely relates to continued loss of habitat, primarily on state and private lands.

Oregon recently abandoned its decade-long attempt to develop habitat conservation plans (HCPs) for the three forests that would have given it a federal permit for limited impacts to marbled murrelets in exchange for habitat protection measures designed to enhance the bird’s conservation. Rather than improving habitat protections, the state turned its back on murrelets and other listed species altogether by walking away from the HCP process. The lawsuit seeks to force the state to develop a plan that will protect murrelets and the mature forests on which the birds and other species depend.

The conservation organizations are represented by outside counsel Daniel Kruse of Eugene, Tanya Sanerib and Chris Winter of the Crag Law Center, Nick Cady of Cascadia Wildlands, Scott Jerger of Field Jerger LLP, and Susan Jane Brown of the Western Environmental Law Center.

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A copy of the preliminary injunction memo and motion can be found here, and more case background can be found here.

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