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Aug25

Press Release: Lawsuit Filed to Protect Threatened Marbled Murrelet from Logging on Former Elliott State Forest

For Immediate Release, August 25, 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
 
Lawsuit Filed to Protect Threatened Marbled Murrelet from Logging on Former Elliott State Forest
Logging Highlights Controversy Over Ongoing Privatization of Public Forest
 
EUGENE, Ore.— Cascadia Wildlands, the Center for Biological Diversity and Portland Audubon filed a lawsuit in federal court today seeking to block Scott Timber Company from logging a portion of a 355-acre parcel of land that until 2014 was part of the 93,000-acre Elliott State Forest and provides habitat for the threatened marbled murrelet. 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 groups are seeking emergency relief to stop logging that under state law could begin as soon as Sunday.
 
“It was illegal for the state of Oregon to log the marbled murrelet’s habitat and it is illegal for Scott Timber Company to do the same,” said Nick Cady, legal director at Cascadia Wildlands. “We intend to hold the landowner accountable to the law to ensure this imperiled species receives the protections it needs.”
 
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.
 
“By trying to log, then sell occupied marbled murrelet habitat, the state of Oregon has completely disregarded its duty to protect these unique birds and the remaining old-forest they need to survive,” said Noah Greenwald, endangered species director at the Center. “This shortsighted action on the part of the state not only endangers the survival of the birds, but shortchanges Oregonians who’re counting on the state to protect our natural heritage.”  
 
At the time of the sale, the groups notified Scott Timber and other buyers that in purchasing the land, they were taking over the responsibility of ensuring the survival of the murrelet, and that logging of its habitat would violate the Endangered Species Act. Scott Timber responded that it had no immediate plans to log the Benson Ridge parcel it had purchased, but has now proposed a timber sale in habitat where murrelets have been documented in recent years.
 
“The marbled murrelet has lost most of the old-growth habitat it needs to survive in the Oregon Coast Range and is facing degraded ocean conditions due to climate change and other factors,” said Bob Sallinger, conservation director at the Audubon Society of Portland. “Flagrant violations of the Endangered Species Act in addition to these factors are a recipe for disaster for these birds.”
 
The controversy over the Benson Ridge parcel exemplifies why the public is so outraged about the privatization of public lands. Currently Oregon’s State Land Board, made up of the governor, treasurer and secretary of state, is in the process of disposing of the rest of the Elliott State Forest.
 
“This unfortunate situation should send a clear message to Governor Kate Brown, Treasurer Ted Wheeler and Secretary of State Jeanne Atkins that further privatization of the Elliott will directly threaten imperiled salmon and wildlife, old-growth forests, recreation opportunities and other values that Oregonians hold dear,” said Cady. “Our leaders in Salem must stand up for Oregonians, and halt the ongoing privatization of the Elliott State Forest.”
 
In June the groups sent a petition to the Oregon Department of Fish and Wildlife requesting uplisting of the murrelet from “threatened” to “endangered” under the state Endangered Species Act, and to the Board of Forestry requesting that it identify and protect important forest sites critical to the murrelet’s survival — a requirement of the state's endangered species law that has never been met.
                                                                    
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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.
Aug09

New Oregon Forest Management Plan Challenged!

For immediate release
August 9, 2016

Contacts: 
Susan Jane Brown, Western Environmental Law Center, 503-680-5513, brown@westernlaw.org 
Todd True, Earthjustice, 206-343-7340, ext. 1030, ttrue@earthjustice.org 
John Kober, Pacific Rivers, 503-915-6677, john@pacificrivers.org 
Nick Cady, Cascadia Wildlands, 314-482-3746, nick@cascwild.org
Joseph Vaile, Klamath-Siskiyou Wildlands Center, 541-488-5789, joseph@kswild.org
Doug Heiken, Oregon Wild, 541-344-0675, dh@oregonwild.org
Megan Birzell, The Wilderness Society, 206-348-3597, megan_birzell@tws.org

Stakeholder Groups Challenge Oregon Forest Management Plan
New Plan Sacrifices Clean Water, Fishing Economy, Carbon Storage, Recreational Opportunities

Eugene, Ore.— Late yesterday, a coalition of conservation and fishing groups challenged in the U.S. District Court in Oregon a Bureau of Land Management (BLM) forest management plan, finalized Friday, that would replace the scientifically sound, ecologically credible, and legally responsible 1994 Northwest Forest Plan on millions of acres in western Oregon. The new BLM plan, collectively known as the Resource Management Plans (RMPs) for Western Oregon, eliminates protections for streamside forests, increases clearcutting, and effectively removes 2.6 million acres of federally managed public forests from the requirements of the Northwest Forest Plan.

“BLM’s new plan would impact the quality of life of rural residents, drinking water quality, wildlife habitat, and carbon storage,” said Susan Jane Brown, staff attorney with the Western Environmental Law Center. “We need to get this right. We must protect special places that Oregonians love while we work to restore forests and watersheds. A holistic view should drive our public land decisions – not simply finding ways to maximize logging.”

Where the Northwest Forest Plan provided relative stability in Oregon's often-contentious forest management, its elimination on these lands has sowed substantial discord. Last week, timber industry groups also challenged the new BLM plan in Washington, D.C. court, thousands of miles from those who will be most affected by the new plan.

The conservation and fishing stakeholders in yesterday's challenge seek to maintain the protections of the Northwest Forest Plan and its science-based requirements, asserting that BLM's new RMPs violate the Oregon and California Lands Act (O&C Act), National Environmental Policy Act (NEPA), and Administrative Procedure Act (APA), and therefore fail to support multiple uses of Oregon forests managed by the BLM.

"BLM's new plan does a disservice to the years of great progress we've made in balancing timber, recreation, and conservation forest uses," said Nick Cady of Cascadia wildlands. "We can't allow the places we love and rely on to be put at risk by a bad plan. We can do so much better than this, and we must."

The RMPs would increase logging levels by 37 percent, which could boost carbon emissions and make forests less resilient to climate change and other disturbances. In addition, the RMPs fail to recognize how healthy forests bring economic benefits to the state, such as Oregon's $12.8 billion annual outdoor recreation industry, which supports 141,000 jobs and $955 million in state and local tax revenue.

Fishing organizations are highly concerned that the reduction in streamside forest protection could push imperiled species like salmon and steelhead further toward extinction. In southern Oregon, the BLM plan would remove the Applegate Adaptive Management Area that has enabled community members to play an active role in local land management decisions.

The BLM plan cuts corners scientifically and legally. It would cause significant harms to the plaintiff group, including:

  • Eliminating the strong water quality and habitat provisions of the Northwest Forest Plan, reducing streamside no-logging buffers by half or more (a loss of 300,000 acres of streamside reserves). These reductions threaten wild native fish, water quality, terrestrial wildlife, and aquatic recreational opportunities.
  • Introducing loopholes that would increase logging in older forest, termed late-successional reserves, and eliminate survey requirements for sensitive wildlife that depend on old forest habitat to thrive. In addition, the aforementioned 300,000 acres of riparian reserves, which had been intended to grow into old forest and bolster habitat for old forest species, is now fair game for logging.
  • Disempowering public input and involvement by removing BLM and the plan from collaborative Adaptive Management Area efforts.
  • Enacting the least ambitious carbon sequestration alternative analyzed. Over the next century, the status quo would sequester twice as much carbon.
  • Focusing on more intensive, clearcut-style logging on nearly half a million acres of forests, abandoning the direction towards restoration of forests and watersheds under the Northwest Forest Plan.
  • Designating additional recreation areas, in many of which logging and off-road motorized use take precedence and could diminish the types of quiet recreation the vast majority of Oregonians enjoy.

“We have been working with BLM for the last 15 years to develop restoration strategies for degraded forest lands. This has resulted in a successful program of thinning dense young forests to improve habitat, create jobs, and produce wood,” said Doug Heiken of Oregon Wild, “Now BLM is moving in the wrong direction by reducing protection for streamside forests and adopting new loopholes that put old-growth forests at risk.”

BLM first attempted to revise its resource management plans in 2008. That plan, the result of a sweetheart settlement between the Bush Administration and the timber industry, was withdrawn by the Obama Administration in 2009, resurrected by a federal judge in 2011 in response to a timber industry lawsuit, and finally rejected by a second federal judge in 2012.

A copy of the complaint is available here.

A copy of the Record of Decision for the BLM plan is available here.

A copy of the groups' protest is available here.

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Aug06

BLM Signs Devastating New Management Plan for Oregon’s Forests!

by Nick Cady, Cascadia Wildlands Legal Director

IMG_1413On August 5, the Bureau of Land Management signed a new management plan for western Oregon.  Cascadia Wildlands and our conservation allies protested the initial draft of this plan, but the BLM's decision yesterday largely ignored all our points of contention.  

From a broad perspective, the plan will increase logging levels on federal BLM lands by 37 percent.  These public lands were originally designed to serve as a refuge and protective zone for imperiled forest species, clean water, carbon storage in an effort to counter-balance the industrial clearcutting and pesticide spraying occurring on intermixed private forest lands.  There is no question that this plan deeply compromises our landscape's ability to adapt to ongoing climate change and other disturbances like large-scale fires.  

For over the past 20 years, these public forests had been managed under the Northwest Forest Plan, a deal brokered by the Clinton administration to end the timber wars in Oregon. The Northwest Forest Plan was not perfect, but it strived to achieve balance and protect critical resources and generally took a precautionary approach to various unknowns.  

The BLM's new plan dramatically reduces almost every protection in the Northwest Forest Plan.  Specifically, the plan eliminates stream side buffers, eliminates surveys and buffers for imperiled or uncommon species, disregards climate change and carbon storage, and opens up mature and old-growth forest to archaic cleacrcutting practices. The plan completely ignores the contribution of these public lands to Oregon's booming outdoor industry which is valued at over 10 billion dollars a year.  The fishing industry is particularly worried given the potential impacts to Oregon's waterways.

These public forest are our homes, our playgrounds, our sanctuaries.  These efforts to strip our forests away from us will not stand.  Cascadia Wildlands is part of a broad coalition of conservation, recreation, and fishing groups in staunch opposition to this plan, and we are devoted to protecting these majestic lands. There will be news of our challenge soon.

Aug04

Wolves Being Killed in Northeast Washington

For Immediate Release, August 3, 2016

Contacts: 
Nick Cady, Cascadia Wildlands, (314) 482-3746, nick@cascwild.orgAmaroq Weiss, Center for Biological Diversity, (707) 779-9613, aweiss@biologicaldiversity.org
John Mellgren, Western Environmental Law Center, (541) 359-0990, mellgren@westernlaw.org

Wildlife Agency to Kill Wolves in Northeast Washington
Members of Profanity Peak Pack To Be Targeted in Ferry County

OLYMPIA, Wash.— Washington Department of Fish and Wildlife officials announced late today they will kill members of the Profanity Peak pack in Ferry County. The kill order was issued following investigations concluding the wolves recently killed three calves and a cow and that three other calf deaths are probable wolf kills. All of the losses occurred on public lands grazing allotments, in territory occupied by the Profanity Peak pack. The decision was made under the guidelines of a new lethal removal protocol that was agreed to this spring by the state Wolf Advisory Group, a stakeholder group convened by the Department of Fish and Wildlife that includes agency staff and representatives from the ranching, hunting and conservation community.

“We appreciate the agency’s use of nonlethal measures to try to prevent losses of both livestock and wolves, and are glad to hear the ranchers in question have been working cooperatively with the state, but we are deeply saddened that wolves are going to die,” said Amaroq Weiss, West Coast wolf organizer at the Center for Biological Diversity. “We are not part of the advisory group but have made clear to the group that we don’t support the killing of the public’s wildlife on public lands.”

According to the protocol agreed to by the advisory group, lethal removal of wolves is considered after four confirmed depredations in one calendar year, or six confirmed depredations in two calendar years. The protocol also requires that the affected ranchers have employed sanitation measures to avoid attracting wolves to livestock carcasses and have tried at least one proactive measure to deter conflicts with wolves at the time the livestock losses took place. 

“It’s tragic to see wolves killed, and I hope we continue to see growing wolf populations in Washington despite the yearly culling that inevitably takes place, said Nick Cady, legal director at Cascadia Wildlands.  “I do not believe it makes sense to spend taxpayer dollars to kill wolves in remote roadless areas on public lands.”

“The decision to kill wolves is always a sad event, and one that should not be taken lightly” said John Mellgren, staff attorney at the Western Environmental Law Center. “But it is even harder to stomach when that decision relates to wolves on our publicly owned lands.”

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 salmon, wolves howling in the backcountry, and vibrant communities sustained by the unique landscapes of the Cascadia Bioregion.  We like it wild.  Join us at: www.cascwild.org 

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.

The Western Environmental Law Center is a public interest nonprofit law firm. WELC combines legal skills with sound conservation biology and environmental science to address major environmental issues throughout the West. WELC does not charge clients and partners for services, but relies instead on charitable gifts from individuals, families, and foundations to accomplish its mission. www.westernlaw.org

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Jul27

Blog: Summer Interning with Cascadia Wildlands

by Legal Intern Kat Fiedler
 
This week I am wrapping up my legal internship with Cascadia Wildlands. I have spent my summer conducting legal research and drafting memos and litigation documents across the scope of Cascadia’s work. While much of my time was spent in the legal weeds, the breadth of issues left me with a snapshot of the threats that the wild places and wildlife face throughout Cascadia and a better understanding of the legal tools we have to stop them. My work has included challenging timber sales that threaten wildlife, water quality, and general ecosystem health, strengthening or preserving wildlife protections for both marbled murrelets and wolves, and strategizing over the faulty legal structure governing suction dredge mining in the state of Washington. I was also able to observe many of the administrative procedures that underlie much of the decision making surrounding our wild places.
 
Elliott-Tim G 61316-6820[11]Exploring these places was, of course, a highlight of the summer. In June, I joined Cascadia Wildlands’ Executive Director Josh Laughlin, Wildlands Campaign Director Robin Meacher, and a number of Cascadia members on a hike into the 30,500-acre proposed Devils Staircase wilderness down to the namesake waterfall in the Oregon Coast Range. The experience was incredible. Having to navigate and bushwhack through such an untouched place provides a much different experience. It’s hard, and it’s worth it. Nothing can be taken for granted. It is impossible to ignore the thickets of underbrush that grab at your ankles, or the call of an owl when you stop to catch your breath, or the sunlight punching through the canopy illuminating a pink rhododendron. We reached the Devils Staircase bruised, sweaty, and happy – ready for the refreshing water. And it was all ours for the afternoon. The forest gifted us salmonberries on the final stretch home.
 
But even our forests marred by a matrix of ownership and scars of our state’s timber history somehow feel equally alive. That’s the beauty of Oregon, of Cascadia. I explored the Elliott State Forest, located just south of Devil’s Staircase, and learned about its imperfect history, but also the current threat of privatization. This place, too, was rich. In just a few hours, hiking along an elk trail, we spotted a bear, heard the call of owls, stepped over cougar scat, and gazed up into the canopies of legacy Douglas firs. The Elliott is not disposable.
 
This place is what I call home, and it has been an enormous privilege to work to protect it alongside the amazing folks at Cascadia Wildlands. I will finish up my studies at the Elisabeth Haub School of Law at Pace University and the Yale University School of Forestry and Environmental Studies this next year, and look forward to returning home to start my career continuing this work protecting our wild and public lands.
 
(Elliott State Forest photo by Tim Giraudier)
 
Jul06

Oregon Wolf Delisting Challenge Reinstated by Court of Appeals

For Immediate Release
July 6, 2016
 
Contact:
Nick Cady, Cascadia Wildlands, (314) 482-3746, nick@cascwild.org    
Amaroq Weiss, Center for Biological Diversity, (707) 779-9613, aweiss@biologicaldiversity.org
Steve Pedery, Oregon Wild, (503) 283-6343 ext. 212, sp@oregonwild.org
      
Oregon Appeals Court Reinstates Legal Challenge to Premature Wolf Delisting
 
Photo taken July 6, 2013 of OR17 with a 2013 pup of the Imnaha pack.  Subadult wolves assist in the raising of the pups. Photo courtesy of ODFW. Download high resolution image.

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PORTLAND, Ore.— The Oregon Court of Appeals has ruled that Cascadia Wildlands, the Center for Biological Diversity and Oregon Wild can proceed with their legal challenge to the state’s decision to prematurely strip endangered species protections from Oregon’s small population of gray wolves. Fewer than 120 of the animals are known to exist in the state.
 
“In no way should management of Oregon’s small population of recovering wolves be dictated by the livestock industry and its anti-wolf allies in Salem,” says Nick Cady, legal director with Cascadia Wildlands. “This ruling is a hopeful first step to ensure politics do not trump science when it comes to managing our treasured wildlife.”  
 
The ruling by the court late Tuesday reinstates a legal challenge filed in December by the conservation groups to last fall’s controversial 4-2 decision by the Oregon Fish and Wildlife Commission to strip state Endangered Species Act protections from gray wolves. Following that decision lobbyists with the livestock industry worked with several legislators during the 2016 legislature to pass House Bill 4040, a bill blocking judicial review of wolf delisting. Subsequent public records releases documented that despite public denials, the staff of Oregon Gov. Kate Brown was heavily involved in the legislation.
 
In April the conservation groups’ legal challenge was dismissed after the Oregon Department of Justice argued that the lawsuit was potentially moot due to H.B. 4040.  However, wolf advocates sought reconsideration by the court of this decision on the basis that H.B. 4040 was unconstitutional because it violated the separation of powers doctrine, among other issues.
 
In yesterday’s ruling Chief Judge of the Court of Appeals Erika Hadlock wrote that the issues presented by conservation advocates’ legal challenge “are complex matters of public importance” that deserve further consideration by the appellate court.
 
“Oregon’s wolves will now get their day in court to reveal the flawed process that stripped their protection,” said Amaroq Weiss, West Coast wolf organizer at the Center for Biological Diversity. “Gov. Brown’s wildlife commission ignored the best science to illegally delist wolves, then her staff was actively involved in the passage of legislation to eliminate the public’s right to challenge that decision.”
 
The wildlife commission’s decision to delist wolves was based on an Oregon Department of Fish and Wildlife analysis of the state’s wolf population that numerous leading scientists characterized as severely flawed and illogical.
 
“Access to the courts to ensure that our government obeys its own laws is a cherished right of Oregonians,” said Steve Pedery, conservation director of Oregon Wild. “Using H.B. 4040, Gov. Brown, legislators and livestock industry lobbyists tried to revoke that right when it came to wolves, and now it appears to have backfired on them.”
 
The wolf advocates’ opening brief is due to the appellate court on Aug. 23.
 
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 Center for Biological Diversity is a national, nonprofit conservation organization with more than 1 million members and online activists dedicated to the protection of endangered species and wild places.
 
Oregon Wild was founded in 1974 and works to protect & restore Oregon’s wildlands, wildlife, and waters as an enduring legacy for future generations.
 
Jun21

Greater Protections Sought for Marbled Murrelets in Oregon

For Immediate Release
June 21, 2016
 
Contact: Nick Cady, Cascadia Wildlands, 314-482-3746
             Tierra Curry, Center for Biological Diversity, 928-522-3681
              Steve Pedery, Oregon Wild, 503-283-6343 ext. 212
              Bob Sallinger, Portland Audubon, 503-380-9728
 
Greater Protections Sought for Threatened Marbled Murrelets in Oregon
 
PORTLAND, Ore.– Conservation groups submitted petitions today asking the Oregon Department of Fish and Wildlife (ODFW) and the Oregon Board of Forestry to take new measures to better identify and protect important forest areas for protected marbled murrelets. The petition to ODFW requests that the agency “uplist” the marbled murrelet to “endangered” status under the Oregon Endangered Species Act (OESA). The petition to the Board of Forestry asks the agency to identify and protect important forest sites critical to the species’ survival.
 
The agencies are required to work together to recover murrelets. Cascadia Wildlands, Oregon Wild, Coast Range Forest Watch, the Center for Biological Diversity, the Audubon Society of Portland and the Oregon Chapter of the Sierra Club signed on to the petition, citing Oregon’s weak Forest Practices Act and the continuing clear-cutting of the sea-bird’s habitat. While murrelets have been listed as a “threatened” species for nearly 30 years, Oregon has never developed a plan to recover them or protect the old-growth forests where they live.
 
“Because murrelets are currently listed as ‘threatened’ under state law, Oregon has a duty to protect and recover this species and its habitat,” said Nick Cady, Legal Director at Cascadia Wildlands. “Not only has the state failed to take any meaningful measures to recover and protect murrelets, the state itself, through aggressive clearcut logging on its state forests, is primarily responsible for the recent dramatic loss in breeding habitat. ‘Endangered’ protections will not only more accurately reflect how vulnerable Oregon’s murrelets and old-growth forests are, but also ensure the development of a plan to protect and recover these elusive sea-birds and their habitat.”
 
The marbled murrelet was originally listed under the Oregon Endangered Species Act in 1987. Despite this listing and commitment to recovery, the Oregon Department of Fish and Wildlife has not developed survival guidelines for the species, leaving the murrelet in limbo with no enforceable mechanism from Oregon to help their population recover. The Oregon Board of Forestry has similarly neglected responsibilities to identify and protect forest areas critical to murrelet recovery on state and private lands.
 
Clearcutting on private lands to export raw logs to Asia, and clearcutting of older forests and potential habitat on state lands has fragmented Oregon’s coastal rainforests and put the bird at even greater risk of extinction. Conservation efforts from these two agencies should result in the identification of critical habitat areas for the species and compel the development of rules to protect these areas.
 
“For the last 30 years, Oregon’s plan for marbled murrelets has been to look the other way while their habitat is clear-cut,” said Oregon Wild Conservation Director Steve Pedery. “Oregonians expect better from our governor and state agencies. They need to develop a plan to protect murrelets and their habitat, and they need to stand up to pressure from the clearcut lobby and the county politicians who do their bidding.”
 
Murrelets only nest and roost in old-growth and mature forests — forest that are at risk from proposals to increase logging on Bureau of Land Management lands in western Oregon, and from Oregon’s efforts to ramp up logging on state forests and privatize the 93,000-acre Elliott State Forest east of Coos Bay. The murrelet monitoring report released last month by leading murrelet biologists stressed the urgent need to “arrest the loss of suitable habitat on all lands, especially on non-federal lands in the relatively near term.”
 
“We live in a state where Oregonians treasure our old-growth forests and wildlife, but where there is a growing gap between the public’s values and the actions of our politicians and state agencies,” said Tierra Curry, a senior scientist with the Center for Biological Diversity. “State regulators and Gov. Brown have a legal and moral responsibility to protect murrelets and their forest habitat.”
 
According to statute, ODFW has, as its primary mission, an obligation “to prevent the serious depletion of any indigenous species.” However, the agency currently spends 2 percent of its budget on conservation, and in recent years has come under increasing criticism for prioritizing logging, grazing and other extractive interests over its conservation mission.
 
"Oregonians treasure our old-growth forests and wildlife, and the state has an obligation to conserve these iconic species and habitats for the enjoyment of present and future generations,” said Chris Smith with the Oregon Chapter of the Sierra Club. “Our management policies and practices need to align with these values and ODFW's responsibility."
 
“Marbled murrelet populations are spiraling downward in the Pacific Northwest and the State's outdated clearcutting policies are a big part of the problem," said Audubon Conservation Director, Bob Sallinger. "If we are going to have any hope of recovering this species, the State needs to step-up and recognize its responsibility to protect marbled murrelets and other old-growth dependent species."
 
Background: The marbled murrelet is a member of the auk family, which includes birds like auklets, guillemots and puffins. These sea-birds get their name from the marbling pattern of black, gray and white that covers their backs during the non-breeding season. When murrelets are breeding, they molt to a plain brown plumage. They form lifelong breeding pairs and feed on small, schooling fish, such as herring.
 
Populations of marbled murrelets are closely tied to the amount of old forest habitat available for nesting. The central Oregon coast is one of the last strongholds for murrelets. While forest practices have changed on federal lands managed by the Siuslaw National Forest, scientists warn that more needs to be done to protect murrelet habitat on state and private lands where logging practices continue to indiscriminately remove nesting habitat.
 
Expected Timeline: ODFW must acknowledge receipt of the petition within 10 working days, and determine within two years whether the marbled murrelet warrants “endangered” status. The Board of Forestry has 90 days to either begin rulemaking or deny the petition.
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Jun14

Oregon Court of Appeals Set to Rule on Plan to Sell off Elliott State Forest

For Immediate Release
June 14, 2016
 
Contact: Robin Meacher, Cascadia Wildlands, 541.434.1463
              Bob Sallinger, Audubon Society of Portland, 503.380.9728
              Tanya Sanerib, Center for Biological Diversity, 971.717.6407
              Dan Kruse, Attorney for Plaintiffs, 531.337.5829
 
Oregon Appeals Court Set to Rule on Plan to Sell off Elliott State Forest
Case Could Cast Uncertainty on State’s Larger Privatization Effort for the Forest
 
PORTLAND, Ore. – The Oregon Court of Appeals is set to decide the legality of a 788-acre timber sale on the Elliott State Forest following a court hearing last Friday. The lawsuit, brought by Cascadia Wildlands, Audubon Society of Portland, and Center for Biological Diversity, argues that the Oregon Department of State Lands violated the law when it sold the East Hakki Ridge parcel in 2014 to Seneca Jones Timber Company. The case could have a significant bearing on the state’s plan to sell off the rest of this public forest by casting significant uncertainty to its legality.
 
“Laws are meant to be followed, and we believe the state of Oregon acted outside the law when it privatized this swath of the Elliott State Forest,” said Robin Meacher, Wildlands Campaign Director with Cascadia Wildlands. “Oregonians are now met with no trespassing signs upon entering this part of the forest, and that should be reversed by the court so that public access is maintained.”
 
The Elliott State Forest is a 93,000-acre state forest in the Oregon Coast Range southeast of Reedsport. The forest contains rare mature and old-growth forest, harbors imperiled salmon and wildlife, and is enjoyed for its camping, hiking, birding, hunting and fishing opportunities. The forest also has an historic mandate to generate revenue for the Common School Fund in Oregon.
 
A federal court in 2012 found that the state of Oregon – in its quest to ramp up clearcutting on the Elliott – violated the federal Endangered Species Act, which forced the cancellation of 28 old-growth timber sales. The state responded by selling off nearly 1,500 acres of the Elliott, including the East Hakki parcel, and is currently moving to dispose of the entire public forest through a process adopted by the State Land Board. The board, made up of Gov. Kate Brown, Secretary of State Jeanne Atkins and Treasurer Ted Wheeler, oversees the management of the Elliott State Forest and other Common School Fund lands in Oregon.
 
“The public cares deeply about public lands and doesn’t want them sold to industrial timber companies or any other private business,” said Bob Sallinger with Audubon Society of Portland. “Oregonians already rejected one attempt to privatize public lands at Malheur earlier this year. Governor Brown, Treasurer Wheeler and Secretary of State Atkins need to reverse course on the Elliott and stand with Oregonians who treasure this public forest for all its incredible values to ensure it doesn’t get acquired by private interests and liquidated.”
 
At issue in the East Hakki case is Oregon Revised Statue 530.450, which prohibits the sale of most of the Elliott State Forest. The state agrees that the statute forbids the sale of the forest, but argues that the law “unduly burdens” its ability to manage the Elliott.
 
“The Elliott State Forest provides essential habitat for imperiled species in Oregon like salmon and marbled murrelets,” said Tanya Sanerib with Center for Biological Diversity. “It is essential we safeguard this unique coastal forest for future generations.”
 
Oregonians have long advocated that the state and State Land Board maintain the Elliott in public ownership and managed for ecological, social, and recreational purposes in addition to its Common School Fund mandate.
 
“The Elliott can, and should, be managed in a way that balances ecological and recreation needs with revenue production,” continued Meacher. “Approximately half the Elliott is a dense, second-growth tree farm that could benefit from restoration thinning which would generate much needed jobs for the local economy. The State Land Board should jettison the current privatization process and take real leadership to create a balanced forest plan that keeps the Elliott in public ownership.”
 
The Department of State Lands, which manages the Elliott on behalf of the State Land Board, anticipates receiving acquisition proposals in November, and could make a decision to sell off the forest by December. Earlier this spring, a letter was sent by the plaintiffs of two recent lawsuits regarding the Elliott to interested parties outlining the liability associated with owning and managing the Elliott based on past and present litigation.
 
The plaintiffs are represented by attorneys Daniel Kruse of Eugene and Nicholas Cady with Cascadia Wildlands. 
Jun07

Op-Ed: State Should Scrap Elliott Forest Privatization

by Rod Sando for The Register-Guard
June 5, 2016
 
Defying the will of most Oregonians, our elected leaders in Salem are deep into a process to privatize the 93,000-acre Elliott State Forest northeast of Coos Bay.
More than likely, this treasured rain forest will be snatched up by equity investors looking to maximize revenue, which will mean more clear-cuts, muddied rivers and “private property” signs, and less access to some of the finest public lands in Western Oregon. The disposal process should be jettisoned immediately and replaced by one that embraces values Oregonians hold closely.
 
The State Land Board, made up of Gov. Kate Brown, Secretary of State Jeanne Atkins and Treasurer Ted Wheeler, needs a fresh approach that recognizes the many important public values Elliott supports while generating income for the school trust fund.
 
The State Land Board should also be reminded of the passion many Oregonians hold for public lands, as evidenced by the reaction to the armed takeover earlier this year of the Malheur National Wildlife Refuge.
 
While school trust lands help support kindergarten through 12th grade education in Oregon, these lands also support many values enjoyed by the public.
 
The Elliott State Forest is a place where fish and wildlife reside, where families go elk hunting every fall, and where anglers wet their lines in search of salmon and steelhead. The old forests of the Elliott store incredible amounts of carbon, thereby mitigating climate change at no cost, and provide clean water to communities downstream.
 
Even though Elliott is made up of school trust lands, logging is not an exclusive mandate for the forest.
 
Oregon’s attorney general issued an opinion in 1992 that said the management of these lands must abide by the provisions of the state and federal endangered species laws while also generating revenue. In its quest to ramp up the cut in Elliott in 2012, the state of Oregon ignored the Endangered Species Act, which resulted in reduced timber payments to the school fund.
 
In response, the state proposed to dump the forest, and now we are embroiled in this privatization scheme.
 
The future management of Elliott needs to be sensitive to the wide range of benefits that this public forest provides while continuing to produce revenue for schools. This is entirely possible, and simply requires that forest plans and management methods are revised to do just that. It is appropriate to manage for revenues, but operations need to avoid long-term damage to the productivity of the forest and its myriad other benefits, and needless management costs need to be reduced.
 
It makes sense to negotiate a Habitat Conservation Plan that would keep the forest in public ownership, provide protection to imperiled salmon and wildlife, allow restoration-based thinning in Elliott’s plantation forests that could generate local jobs and timber products, and contribute revenue to the school fund. Ultimately, it would provide certainty and balance into the future.
 
In 1968, the people of Oregon amended the state Constitution to require that school trust lands, like those found in Elliott, be managed by using sound management methods that do not impair the many beneficial uses of the forest lands while also generating revenue. This clear legal direction is possible to achieve by using sustainable management practices while keeping the forest in public ownership.
 
It is time for Gov. Brown, Secretary of State Atkins and Treasurer Wheeler to ditch this privatization plan and show leadership around this issue, especially since the forest will only become more valuable to our society and the school trust as time goes on.
 
Removing Elliott from public ownership will remain controversial and will preclude future generations from enjoying substantial benefits from this unique and valuable resource.
 
Our leaders need to get it right before it is too late.
 
Rod Sando of Woodburn is a past director of the Minnesota Department of Natural Resources, where he oversaw management of trust lands.
May16

Cascadia Wildlands and Conservation Allies Challenge BLM Forest Plans in Oregon

For Immediate Release
 May 16, 2016
 
Contacts:
Nick Cady, Cascadia Wildlands, 314-482-3746, nick@cascwild.org
Todd True, Earthjustice, 206-343-7340, ext. 1030, ttrue@earthjustice.org
Susan Jane Brown, Western Environmental Law Center, 503-680-5513, brown@westernlaw.org
Joseph Vaile, Klamath-Siskiyou Wildlands Center, 541-488-5789, joseph@kswild.org  
Glen Spain, Pacific Coast Federation of Fishermen’s Associations, 541-689-2000, fish1ifr@aol.com
Steve Holmer, American Bird Conservancy, 202-888-7490, sholmer@abcbirds.org
John Kober, Pacific Rivers, 503-915-6677, john@pacificrivers.org
 
Groups Protest Oregon Timber Plan Riddled With Loopholes
Latest BLM Plan Increases Clearcutting and Dismantles Streamside Forest Protections for Clean Water, Salmon, and Communities
 
Washington D.C.—Today, Earthjustice and the Western Environmental Law Center, on behalf of 22 conservation and fishing groups, filed a formal protest with the Bureau of Land Management (BLM) objecting to its proposed management plans for western Oregon. The BLM plan eliminates protections for streamside forests, increases clearcutting, and removes 2.6 million acres of these federally managed public forests from the 1994 Clinton Northwest Forest Plan.
 
The plan proposes to increase logging levels by 37 percent, which will boost carbon emissions and make the forest less resilient to climate change and other disturbances. But the fishing organizations are most concerned about the reduction in streamside forest protection.
 
“The last, best salmon habitat in Oregon is within these BLM-managed forests,” said Glen Spain of the Pacific Coast Federation of Fishermen’s Associations (PCFFA), a major fishing industry trade association that also joined the petition.  “Productive salmon streams are far more valuable for the salmon-related jobs they create than for the market value of the lumber you could generate from logging them. Stronger stream protection makes excellent economic sense, logging them does not!”  
 
“Clearcutting kills fish,” said Joseph Vaile of the  southern Oregon-based KS Wild. “We don’t need more clearcuts. We need common-sense management that protects our water sources, stores carbon in ancient forests, and keeps the public at the table.”
In southern Oregon, the BLM plan would remove the Applegate Adaptive Management Area that has enabled community input in land management.
 
BLM first attempted to revise its resource management plans in 2008. That plan, called the Western Oregon Plan Revision (WOPR and pronounced “whopper”), was the result of a sweetheart settlement between the Bush administration and the timber industry was withdrawn by the Obama administration in 2009, resurrected by a federal judge in 2011 in response to a timber industry lawsuit, and finally rejected by a second federal judge in 2012.
 
“The latest proposal is like a zombie in a bad horror movie,” said Todd True, an attorney with Earthjustice. “The Bush administration’s fatally flawed WOPR is back from the dead to open up protected forests to clear-cut logging.”
 
“This plan would  impact the quality of life of rural residents, drinking water quality, wildlife habitat, and carbon storage, needed to combat climate change,” said Susan Jane Brown, staff attorney with the Western Environmental Law Center. “We need to get this right. We must protect special places that Oregonians love while we work to restore forests and watersheds. A holistic view should drive our public land decisions — not simply finding ways to maximize logging.”
 
The BLM’s new management plan revision cuts corners scientifically and legally. It has significant problems, including:
•    The proposed plan eliminates the strong water quality and habitat provisions of the Northwest Forest Plan, reducing streamside no-logging buffers by half or more (a loss of 300,000 acres of streamside reserves). These reductions threaten wild native fish, water quality, terrestrial species, and aquatic recreational opportunities.
 
•    The proposed plan leaves many mature and old-growth forests and habitat unprotected. It includes loopholes for logging large and old trees, and would reduce buffers or eliminate survey requirements for sensitive wildlife that depend on old forest habitat.
 
•    BLM's chosen plan represents the least ambitious carbon sequestration alternative analyzed. Over the next century, the Northwest Forest Plan would sequester twice as much carbon.
 
•    The BLM’s plan focuses on more intensive, clearcut-style logging on nearly half a million acres of forests, abandoning the direction towards restoration of forests and watersheds under the Northwest Forest Plan.
 
•    While additional recreation areas are designated under the plan, in many of these areas logging and off-road motorized use take precedence and could diminish the types of recreation the vast majority of Oregonians enjoy.
 
“Years ago, many of the BLM lands were sacrifice zones, where logging, mining, and grazing were king. Then came the Northwest Forest Plan which established a sustainable balance between conservation and management,” said Nick Cady of Cascadia Wildlands. “Today, more people live and work in western Oregon because they were drawn to its recreational opportunities and amenity economy, not the extractive industries of the past. It’s time for the BLM to wake up and manage these lands as the vast majority of Oregonians and Americans demand.”
 
“The best available science shows that unsustainable logging of our public forests has harmed clean water and healthy streams, pushed wildlife toward extinction, contributed to global warming, and destroyed much of Oregon’s old-growth forests,” said Oregon Wild’s Doug Heiken. “BLM’s proposed plan is a throwback to this terrible legacy. Today, our public forests should be preserved to address new realities — the need to mitigate global warming, recover endangered species, protect clean water, and restore ecosystem function and resilience.”
 
“Over 1.8 million Oregonians rely on BLM lands for their drinking water,” said John Kober of Pacific Rivers. “Many of Oregon’s most iconic rivers, such as the Rogue, Umpqua and McKenzie are sustained by the highly effective aquatic protections that have been in place for over 20 years. Scrapping proven stream protections in order to increase timber harvest is simply too risky given the benefits that our rivers provide.”
 
A copy of the protest is available here.
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