Press Contacts:
Josh Laughlin, Cascadia Wildlands, (541) 434-1463
Amy Atwood, Center for Biological Diversity
Jennifer Fairbrother, Native Fish Society

PORTLAND, Ore.— Resolving multiyear litigation over the harms of logging to coho salmon, conservation groups reached an agreement today with the Oregon Department of Forestry to greatly expand stream buffers across more than half a million acres of the Tillamook and Clatsop state forests.

The Center for Biological Diversity, Cascadia Wildlands and Native Fish Society brought the suit, which asserted that for years the Department had been harming threatened coho salmon — in violation of the Endangered Species Act — by hauling timber on roads hydraulically connected to streams and by logging steep slopes, which causes landslides. Both activities choke streams with fine sediments that smother coho spawning and rearing habitat and degrade water quality for people.

“For too long the timber industry has treated our state forests like cash cows, without enough protection for fish or water quality,” said Amy Atwood, senior counsel at the Center. “The protections provided by today’s agreement aren’t everything we want, but they’ll go a long way toward recovering coho salmon on Oregon’s North Coast.”

Under the agreement, no-cut stream buffers will be expanded from as little as 25 feet to 120 feet and will include many non-fish bearing and seasonal reaches that previously received little to no protection. The Department will also now buffer some upland sites where landslides start, as well as the seasonal stream channels that carry landslide debris into fish habitat, with devastating consequences.

“Logging the exceedingly steep slopes of the Tillamook and Clatsop state forests has real consequences for our beloved and iconic salmon,” said Jennifer Fairbrother, conservation director for the Native Fish Society. “While there is more to be done to improve the management of our state forests, there’s no question that these new protections will help restore fish as well as soil health, water quality and even our climate.”

The agreement also requires the Department to inventory the extensive road network on the state forests within five years to identify problems and estimate the cost to fix them. Built almost entirely for the benefit of the timber industry, there are currently more than four miles of road per square mile of state forest. These include many areas where roads are blocking fish passage, unstable, or contributing sediments directly to streams. The cost of fixing these problems likely extends into the hundreds of millions of dollars and will almost certainly fall to the public to cover.  

“The current model of logging state forests to pay for essential county services and Department expenses and provide Big Timber a subsidized source of logs is archaic and unsustainable,” said Josh Laughlin, executive director of Cascadia Wildlands. “Besides not providing a stable source of county funding, the model utterly fails to protect salmon and wildlife, water quality, soil health or our climate. It is past time Oregon leaders sever the tie between clearcutting state forests and county funding and devise a more contemporary strategy to pay for critical services.”

The protections in the agreement are also proposed as part of a “habitat conservation plan.” Under the Endangered Species Act this would allow the Department to cause some harm to coho salmon, as well as marbled murrelets, spotted owls and other imperiled species, in exchange for protecting portions of the state forests from logging and roads. The Department first developed a conservation plan in 1997 but has continuously failed to finalize one. The current plan is expected to be completed this year but is facing stiff opposition from the timber industry and some county officials.

The Center for Biological Diversity, Cascadia Wildlands, and Native Fish Society were represented by Center attorney Amy Atwood and Oliver Stiefel and Maura Fahey of Crag Law Center.

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The Center for Biological Diversity is a national, nonprofit conservation organization with more than 1.7 million members and online activists dedicated to the protection of endangered species and wild places.

Cascadia Wildlands defends and restores Cascadia’s wild ecosystems in the forests, in the courts, and in the streets. We envision vast old-growth forests, rivers full of wild salmon, wolves howling in the backcountry, a stable climate, and vibrant communities sustained by the unique landscapes of the Cascadia bioregion.

The Native Fish Society is a nonprofit conservation organization with a mission to restore abundant wild fish, free-flowing rivers, and thriving local communities across Oregon and the Pacific Northwest.

The post Press Release: Legal Agreement Will Bring New Protections From Logging to Oregon Coast Coho Salmon first appeared on Cascadia Wildlands.

Contact:
Gabe Scott, In-House Counsel (907) 491-0856; gscott@old.cascwild.org

Olympia, WA — A milestone for aquatic health was achieved today when the Washington Fish and Wildlife Commission unanimously ordered the Washington Department of Fish and Wildlife to initiate a rulemaking process that would require individual permits for suction dredge mining in the state.

Suction dredge mining has become controversial throughout the West due to its impacts on aquatic ecosystems and salmon health. The practice requires the use of a motorized, floating dredge to vacuum up the streambed as miners look for gold flecks. Science has show that the process destabilizes the streambed environment, releasing plumes of silt and mercury and harming fish.

“Today’s vote is a significant victory for salmon and river health in the Evergreen State,” said Gabriel Scott, In-House Counsel for Cascadia Wildlands, who provided testimony in advance of the Commission’s vote. “The Commission deserves a lot of credit and wisely recognized that Washington can’t afford to keep giving suction dredge miners a free pass as they suck up our rivers in search of gold.”

Due to its impacts on watershed health, suction dredge mining has recently been reformed in neighboring states. California banned the practice in 2009 and earlier this year the US Supreme Court upheld the ban. In the 2017, the Oregon legislature outlawed the practice in key salmon waterways, and Idaho now requires stricter permitting to better protect its rivers.

Prior to today’s vote, Washington allowed suction dredge mining to occur without a permit. However, the state still allows the practice to occur in designated critical habitat for Endangered Species Act-listed salmon and trout. Rivers important to salmon recovery, like the Nooksack, Peshastin, Methow and Wenatchee, have been hit hard by the practice.

“While today’s vote was a positive step forward, the state must make sure that adequate protections are put into place to ensure salmon and our rivers are protected from the impacts of suction dredge mining,” Scott added.

Cascadia Wildlands’ current lawsuit, Cascadia Wildlands vs. Washington Department of Fish and Wildlife, was mentioned often in the Commission’s deliberations today, and the issues addressed by the Commission mirror the claims of the litigation. The lawsuit is currently pending in Washington Superior Court in Thurston County, and it is set for oral hearing in Olympia on July 6.

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The post Press Release: WA Fish and Wildlife Commission Orders Rulemaking to Require Permits for Suction Dredge Mining first appeared on Cascadia Wildlands.

Corinne Milinovich and Kristen Sabo, 2017 Summer Legal Interns

The 2017 Cascadia Wildlands summer was filled with countless Oregon adventures, great conversations, and monumental educational growth for us both. We had the privilege of drafting complaints and settlement memos, executing public information requests, drafting litigation memos, refining our legal research skills, drafting a northern spotted owl uplisting petition, and sitting in on settlement meetings and objection resolution meetings with government agencies. 

We were lucky enough to table for Cascadia Wildlands at multiple Oregon events, including the Northwest String Summit bluegrass festival outside of Portland and the Oregon Country Fair. We connected with new and old Cascadia Wildlands supporters, discussed the LNG pipeline, wolf populations in Oregon, and the Elliott State Forest victory.

Overall the summer was a huge success, and there were many highlights for both of us. In particular, the settlement meetings and legal drafting stood out. It was such a privilege to be at the table during the settlement meetings. Those experiences are truly invaluable and instrumental to our growth and understanding of the environmental legal world.

Throughout the summer, Nick gave us the opportunity to experience the Cascadia Wildlands litigation process on multiple levels and see full circle how an environmental lawsuit is successfully executed. As up-and-coming environmental lawyers, this summer internship has shaped our future, reinforcing our chosen career paths.
Our summer legal internship with Cascadia Wildlands allowed us to be present for tangible environmental victories, including but not limited to: saving the Elliott State Forest, preventing old-growth timber from being cut, preserving endangered species habitat and the passing of a suction dredge reform bill that prohibited suction dredging in essential salmonid habitat.

These victories, conversations with Cascadia supporters, and our expanded knowledge of the environmental legal world will guide us into our next year of law school. It was truly an honor to be a part of the Cascadia Wildlands family, this summer was an invaluable experience. A big thank you to Nick, Josh, Gabe, Kaley, Luke, and the Cascadia Wildlands community for an unforgettable summer!

The post Deep Thoughts with Cascadia’s Summer Interns first appeared on Cascadia Wildlands.

The post Press Release: Oregon House of Representatives Passes Suction-Dredge Mining Reform Bill first appeared on Cascadia Wildlands.

The post Oregon Senate Passes Suction Dredge Reform Bill first appeared on Cascadia Wildlands.

Several things about this historic victory make it especially sweet. Ecologically it protects one of the most magnificent places on earth, a vast wild wetland on Cascadia's northern edge. Better, it does it in a precedent-setting way that puts the region’s indigenous people in charge. Personally I am proud that we Cascadians played a big part creating the conditions where this victory could happen. And, most of all, let us be inspired by the example of our close partner and good friend Dune Lankard, the Eyak native whose visionary leadership and sheer determination has achieved what few believed was possible.

To the north is the largest protected wilderness in the whole world: from here into the Yukon territory all the way down to Glacier Bay. To the east is the largest ice-field outside the poles. The ice is moving, glaciers sliding forward and melting back, uncovering infant land. To the west is the Copper River Delta, and beyond that Cordova and Prince William Sound. This is the largest contiguous wetland in Cascadia, home to the world-famous Copper River salmon fishing fleet, and incredible concentrations of swans, geese and shorebirds.

The conservation deal announced yesterday is precent setting for it’s unique mix of conservation and indigenous control. The Native Conservancy is a new idea, the brainchild of Dune Lankard, that was critical to the deal working. Formulated as a sort of friendly amendment to the Nature Conservancy, the idea is to incorporate social justice for indigenous people into long-term land conservation.

When I first arrived there was the coalfield, an oilfield, a deepwater port, a road across the Delta and another one up the river, cruise ships and a Princess lodge, all interlocking. None of these threats alone could gain traction, but any two or more of them would forever destroy the wilderness. Dune and I spent countless hours together on the basketball court scheming the demise of this web of threats. For the next nineteen years, Cascadia and Eyak worked together on the campaigns. Together we stopped the road across the Delta, the deepwater port at Shepard Point, and oil drilling at Katalla. 

The post Reflections on the Enormous Victory in Northern Cascadia and Coming Full Circle first appeared on Cascadia Wildlands.

The post Lawsuit Launched to Protect Washington Rivers, Salmon from Destructive Suction Dredge Mining first appeared on Cascadia Wildlands.

The post Lawsuit Challenges Frankenfish Approval first appeared on Cascadia Wildlands.

Contact
Nick Cady, Cascadia Wildlands (541) 434-1463
Forrest English, Rogue Riverkeeper 541-261-2030
Roger Flynn, Mining Action Project 303-823-5738
Lori Ann Burd, Center for Biological Diversity 971-717-6405
Jake Crawford, Native Fish Society (720) 253-8485

Federal Court Upholds Oregon’s Right to Protect Water Quality and Fish Habitat

Court Finds That Restrictions on Mining Methods Are Clearly Within the State’s Authority

Medford, OR — This morning a federal court upheld an Oregon law restricting motorized gold mining in and along sensitive salmon streams. The District of Oregon court held that the State of Oregon has the right to regulate both state and federal land to protect water quality and fish habitat, and it has done so in a manner that does not conflict with federal law.

“The court correctly found that mining operations on federal land must comply with state laws enacted to protect public health and the environment,” noted Roger Flynn, with the Western Mining Action Project and one of the attorneys representing conservation and fishing groups that joined the case to help defend the Oregon law. “This decision supports a growing effort in Western states to protect clean water and fisheries from mining pollution and wildlife habitat damage,” said Flynn.

At issue in the case is Oregon’s Senate Bill 838, passed  in 2013 to implement temporary restrictions on equipment such as suction dredges and other motorized mining equipment in and nearby habitat essential for salmon, and to protect water quality. The law went into effect this January and remains in effect through 2021. The 2013 law came about due to increasing concern throughout the state about the cumulative effects of these gold mining techniques on streams and rivers.

“With these protections Oregon has taken the first step towards addressing threats to our salmon runs and water quality from mining,” said Forrest English of Rogue Riverkeeper. “We look forward to sensible regulation that extends beyond 2021 and that ensures these values are protected for all future Oregonians, the court has made it clear that we can do that.”

Peer reviewed science shows that suction dredging can mobilize toxic mercury into rivers and streams, as well as reduce salmon spawning success due to alterations in habitat. Additionally in hot spots, such as the Umpqua and Rogue Rivers, the number of dredges has created conflicts with anglers and other recreationists.

“Oregonians can breathe a sigh of relief that many of our rivers and most sensitive salmon fisheries will be protected this summer from the toxic plumes of mercury that suction dredge mining releases,” said Lori Ann Burd, environmental health director at the Center for Biological Diversity.

Gold miners brought a lawsuit against the State of Oregon last October alleging that federal laws denied Oregon the right to protect environmental resources within the state. Environmental groups and commercial fishing interests including Rogue Riverkeeper, the Pacific Coast Federation of Fishermen’s Associations, Oregon Coast Alliance, Cascadia Wildlands, Native Fish Society and the Center for Biological Diversity intervened on behalf of the state and are represented by the Western Environmental Law Center and Western Mining Action Project.

“We are very pleased the Court has clarified that the State of Oregon has the power to protect our cherished rivers from destructive suction-dredge mining, especially the famous Rogue River and its tributaries — one of the most important salmon rivers in Oregon,” said Cameron La Follette with Oregon Coast Alliance. “State environmental laws are a crucial means of protecting the public’s investment in salmon habitat restoration in our public waterways.”

“We are incredibly encouraged that the Court made the common sense decision to permit Oregon to regulate harmful mining practices in some of Oregon’s most cherished waterways,” said Nick Cady with Cascadia Wildlands.  “Oregonians have a right to protect the things they value, including clean water and salmon.”

“This decision will help keep Oregon’s iconic wild salmon healthy for future generations,” said Jake Crawford with Native Fish Society. “It bolsters similar protections in California and Idaho, while giving Washington a path forward for protecting wild salmon and water quality from suction dredge mining.”

A copy of the decision can be found here.

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Our public lands, our National Forests, our Wildlife Refuges, our National Parks, our Wild and Scenic Rivers, these are cherished and revered places across the Northwest. They provide so many different values for so many different people and communities. However, consistent efforts driven by the oil and gas industry to give away these lands are gaining traction and need to be met with staunch opposition from the communities that love and thrive off these public treasures.

The recent occupation of the Malheur National Wildlife Refuge by militant extremists is part of this movement to give away our public lands. With these lands ceded to local control, all semblances of science-based management and conservation will be replaced with aggressive resource extraction at the cost of our local communities, our economies, clean water, and recreation.

The actions of these extremists is being capitalized upon by industry and their political puppets, and proposals continue to be rolled out to blatantly steal these lands from the American people.

Stand up for our Public Lands, and Loudly Voice your Support!

Contact your local representatives, your mayors, your city council members, tell them you support public lands and that your community should as well. Public rallies are being planned across the Pacific Northwest in communities big and small across Oregon and Washington. Make signs, break out the costumes, let us hear your high school marching band tuba!  It is time to show this nation how we feel about our public forests, mountains, and rivers.

The post Stand Up for Public Lands! first appeared on Cascadia Wildlands.