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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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May02

Ethics Complaint Filed Against Three Oregon Lawmakers Over the Wolf Delisting Bill

For immediate release
May 2, 2016
 
Contact: Nick Cady, Legal Director, Cascadia Wildlands, (314) 482-3746, nick@cascwild.org
 
Ethics Complaint Filed Against State Representatives Over Gray Wolf Delisting Legislation
 
EUGENE, OR – Today, Cascadia Wildlands submitted a complaint to the Oregon Government Ethics Commission alleging numerous false statements and misrepresentations made by State Representatives Greg Barreto, Brad Witt, and Sal Esquivel in order to secure passage of House Bill 4040 (HB4040) during this spring’s legislative session.  HB4040 legislatively removed the gray wolf from Oregon’s list of threatened and endangered species.
 
On November 9, 2015, Oregon’s Fish and Wildlife Commission voted to remove gray wolves from the state’s list of endangered species, despite only approximately 80 wolves residing in the state at the time.  This decision was widely criticized as unscientific and politically driven, and was challenged by Cascadia Wildlands, Oregon Wild and the Center for Biological Diversity in state court.  HB4040 referenced the delisting decision, but the three lawmakers, including Rep. Barreto, the bill’s author and sponsor, asserted both in the course of legislative hearings and through documents distributed to other state legislators that HB 4040 would have no impact on judicial review of the commission’s controversial delisting decision.
 
“Our government is founded upon a system of checks and balances, including access to the courtroom, and these politicians worked overtime to remove our ability to bring this important case in front of a judge,” says Nick Cady, Legal Director with Cascadia Wildlands. “Oregon’s small wolf population and advocates for democracy ended up being the losers.”
 
Conservation advocates repeatedly warned that HB4040 would in fact undermine the public’s ability to challenge the commission’s wolf delisting decision. However, it was not until after the bill’s passage through Oregon House of Representatives that an inquiry by Oregon’s Legislative Counsel Committee uncovered that the only effect of the bill was to prevent judicial review of the wolf delisting decision.
 
On April 22, Oregon’s Court of Appeals dismissed the legal case brought by the three conservation organization, specifically stating the “enactment of HB4040 renders the judicial review moot and dismisses the judicial review on that ground.”
 
ORS 171.764(1) regulating ethical conduct maintains that no public official shall make any false statement or misrepresentation to any legislative or executive official.
 
“Lawmakers undermine the public’s trust when they mislead their colleagues and make false statements,” says Nick Cady, Legal Director with Cascadia Wildlands. “The Oregon Government Ethics Commission should determine whether Representatives Barreto, Witt, and Esquivel were deliberately mischaracterizing HB4040 in their attempt to fast track the removal of protections for Oregon’s recovering wolf population. The misrepresentations surrounding HB4040 allowed the bill to pass through Oregon’s Legislature, and gray wolves will ultimately pay the price.”
 
The ethics complaint lists several instances of lawmakers declaring that HB4040 does not undermine judicial review.
 
 
If found in violation of ethics laws guarding against false statement or misrepresentation, lawmakers could face civil penalties.
Apr27

Explore the Elliott State Forest with Cascadia Wildlands

IMG_2035We'll be offering a couple of public hikes into the Elliott State Forest the spring/summer of 2016. The Elliott State Forest is between Reedsport and Coos Bay, and goes as far east as Loon Lake. About half of the Elliott has never been logged before, with big trees that grew back from an 1868 fire, providing valuable habitat for old-growth dependent wildlife.

The Oregon State Land Board moves ahead with the decision to sell the Elliott to a buyer, public or private, that will agree to conservation and job creation mandates. The goal of the sale is to sever the ties between the forest and the Common School Fund, which provides money for K-12 school children. While any potential new owner of the Elliott must show that it will maintain 50% of the forest open for public access, there is no guarantee of what that will entail. 

Cascadia Wildlands continues to look for a creative solution that fulfills the Common School Fund obligations and maintains this magical coastal rainforest in public ownership and open to all to enjoy.  

In the meantime, we want to get you out to explore the Elliott with us. Stay tuned for more details, but be sure to put June 18, 2016 on your calendar to join us in the Elliott State Forest.

Apr15

Lawsuit Challenges Alaska Road Project from Ketchikan to Shelter Cove

For Immediate Release, April 14, 2016
 
Contact:    
Larry Edwards, Greenpeace, (907) 747-7557, larry.edwards@greenpeace.org
Gabe Scott, Cascadia Wildlands, (907) 491-0856, gscott@cascwild.org
Dune Lankard, Center for Biological Diversity, (907) 952-5265, dlankard@biologicaldiversity.org
 
Lawsuit Challenges Road Project From Ketchikan to Shelter Cove
 
KETCHIKAN, Alaska  Five environmental groups sued the U.S. Forest Service and U.S. Army Corps of Engineers today in the federal district court at Anchorage to force supplemental analysis on the environmental consequences of the Ketchikan-to-Shelter-Cove road project on Revillagigedo Island in southeastern Alaska. The project is out for bids, which are due today.
 
The lawsuit challenges the Forest Service's recent approval of a right-of-way easement for a one-mile segment of the road that would cross national forest land, and the Army Corps of Engineers' issuance of a wetland fill permit, which allows seven miles of road (including the national forest segment) to be built. The rest of the construction would be on state land.
 
The road construction would connect Ketchikan to about 53 miles of existing logging roads in the Saddle Lakes area. That region already has a very high road density of nearly two miles of road per square mile; local wildlife populations are already stressed from about 14,000 acres of clearcut logging over the past two decades.
 
"At issue is the connection of Ketchikan to the presently isolated area beyond George Inlet, which has an existing high density of logging roads," said Larry Edwards of Greenpeace. "Making road connections from communities to areas that have a high road density is known to pose a threat to the sustainability of populations of Alexander Archipelago wolves, marten and other sensitive wildlife species due to increased hunting and trapping pressure, including poaching."
 
The 7.3-mile, one-lane gravel road link would be built by the State of Alaska, which put it out for bids March 14. The expected cost is $19 million, and $21 million is budgeted. The construction would extend eastward from the existing White River Road, which now ends at Leask Creek. It would proceed to Salt Lagoon, at the head of George Inlet, and then northward. The north end would connect to an existing logging road that goes eastward to Shelter Cove, on Carroll Inlet.
 
"The federal agencies did not follow federal law to consider hunting and trapping pressure, wildlife disturbance and user conflicts that the road connection will cause," said Gabe Scott of Cascadia Wildlands. "It is important that the agencies go back to the drawing board to ensure that wildlife, hunters and recreational users are fully considered."
 
The suit has no effect on road access from Ketchikan to upper George Inlet or on the potential for a boat launch ramp and dock somewhere along the inlet's shore between the White River and Leask Creek.
 
"Plowing forward with this road connection before determining the consequences of doing so has the process entirely backward," said Dune Lankard, the Center for Biological Diversity's representative in Alaska. "This project is part of the logging industry's grand scheme to access old-growth forests that we're determined to protect."
 
The plaintiffs are the Greater Southeast Alaska Conservation Community, Cascadia Wildlands, Greenpeace, Center for Biological Diversity and The Boat Company. 
 
Plaintiffs are represented by Crag Law Center, of Portland, Ore.
Apr12

Press Release: BLM to Weaken Environmental Protections in Western Oregon

For Immediate Release
April 12, 2016
 
Contact:
Josh Laughlin, Executive Director, Cascadia Wildlands
541-844-8182, jlaughlin@cascwild.org
Doug Heiken, Conservation & Restoration Coordinator, Oregon Wild
541-344-0675, dh@oregonwild.org
Joseph Vaile, Executive Director, Klamath Siskiyou Wildlands Center
541-488-5789, joseph@kswild.org
 
Bureau of Land Management to Weaken Environmental Protections in Western Oregon
Clean water, wildlife protections, and recreation suffer in new logging plan
 
Portland – The Bureau of Land Management today released new plans that will guide recreation, wildlife habitat protection, water quality, and logging on 2.6 million acres of federal forests in western Oregon. Home to salmon and ancient forests, these public lands also provide drinking water for nearly 1.8 million Oregonians. If made final, the Proposed Resource Management Plan would weaken key protections of the Northwest Forest Plan that has guided management and ecosystem restoration on these forests for the past two decades.
 
“The Obama administration has an opportunity to embrace recreation, clean drinking water, and carbon sequestration to fight global warming with these plans,” said Doug Heiken from Oregon Wild. “But instead we see weakened stream buffers, increased carbon emissions, and relaxed standards for salmon and wildlife, all to increase certainty for the logging industry.”
 
The Northwest Forest Plan took a science-based ecosystem management approach to forest management to protect rivers, old-growth forests, and populations of native plants and animals that were decimated by decades of unsustainable logging.  Monitoring reports released in 2015 revealed the Northwest Forest Plan has succeeded in restoring watersheds and the old-growth ecosystem over the last 20 years as intended, something the new BLM plan will set back.
 
Under the new plan, streamside buffers essential for salmon recovery will be cut in half, the reserve network for old-growth habitat will be significantly reduced, and a program to protect rare species, known as Survey and Manage, will be eliminated entirely.
 
A key element of the Northwest Forest Plan is the Aquatic Conservation Strategy (ACS), which protects designated buffers around streams where logging is not allowed, and other important protections for streamside forests, clean water, and fish. The proposed new plan cuts this buffer zone in half, with impacts to water quality, and fish and wildlife habitat.
 
“The forests and rivers managed by the BLM are essential to clean drinking water and native salmon runs. Desire has never been higher to protect these public resources, so it is unthinkable that the BLM would slash the buffers in half that protect water quality,” says Josh Laughlin, Executive Director of Cascadia Wildlands.
 
The proposed plan would log 278 million board feet a year – a 37% increase over current annual harvest levels. Increased logging will likely have negative impacts on public recreation values and ignores the recreation-based economy in the state.
 
The BLM’s new plan does not place as much of an emphasis on recreation as many in the public are demanding. But according to a recent study on the economic impact of “quiet recreation” on BLM lands, activities like camping, hunting, and fishing contribute $214 million to Oregon communities and support 2,322 jobs.  BLM timber, wood, and non-wood product sales generate only $58 million.
 
“We should embrace the role of the expanding recreation economy in Oregon,” said Joseph Vaile from the Klamath Siskiyou Wildlands Center. “People from all over the world are visiting our state to celebrate its natural beauty. If the BLM caves to political pressure from the timber industry, this plan will put our growing recreation economy at risk.”
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