Posts Tagged ‘Cascadia Wildlands’

Jan10

Lawsuit Launched to Protect Washington Rivers, Salmon from Destructive Suction Dredge Mining

Harmful Gold-mining Method Already Restricted in California, Oregon

For Immediate Release, January 10, 2017
 
Contact:
Gabriel Scott, Cascadia Wildlands (541) 434-1463 gscott@cascwild.org 
Jonathan Evans, Center for Biological Diversity, (510) 844-7118, jevans@biologicaldiversity.org 
 
OLYMPIA, Wash.— Conservation groups filed a notice of intent today to sue the state of Washington for allowing highly destructive suction dredge mining in rivers and streams critical to endangered salmon and steelhead. The Washington Department of Wildlife approves the harmful recreational gold-mining technique in rivers throughout the state that are home to numerous imperiled fish species. Conservation and fisheries groups have also introduced bills in the state legislature to better monitor and regulate suction dredge mining.
 
“Suction dredge mining pollutes our waterways with toxic mercury, clouds streams with sediment, kills endangered fish and destroys irreplaceable cultural resources that are important to all Washingtonians,” said Jonathan Evans, environmental health legal director at the Center for Biological Diversity. “This is a dirty, outdated form of mining that our families, waterways and wildlife shouldn’t be subjected to.”
 
Suction dredge mining uses large, gas-powered vacuums to suck up gravel on the bottom of rivers and streams in search of gold flakes. Miners target gravel beds critical to salmon spawning and reproduction and pollute waterways with sediment and toxic mercury and heavy metals in their search for gold. Suction dredge mining also threatens important cultural resources important to American Indians. 
 
“Suction dredge miners are killing endangered salmon and polluting our waterways and it needs to stop,” said Gabriel Scott, in-house counsel for Cascadia Wildlands. “We intend to enforce the law ourselves if the state won’t.” 
 
The harm done by suction dredging is well documented by scientists and government agencies. In recent years Oregon and California have halted suction dredge mining for gold in areas that are important for rivers and fisheries because of its damage to water quality and wildlife. In Idaho the EPA has stepped in to regulate the practice. Today’s notice, filed by the Center and Cascadia Wildlands, notifies Washington’s Department of Fish and Wildlife and Department of Ecology of ongoing violations of the Endangered Species Act and Clean Water Act.
 
While the state doesn’t track individual mining locations, the majority of Washington’s rivers and streams are open to mining. Because the state of Washington has never squared state laws regulating suction dredge mining with the Endangered Species Act or Clean Water Act, two bills were introduced in the state legislature this week to better monitor and regulate the activity. House Bill 1077, introduced by Rep. Joe Fitzgibbon (D-Seattle), would create important safeguards in environmentally sensitive areas to protect salmon and water quality. House Bill 1106, introduced by Rep. Gael Tarleton (D-Seattle), would require miners to comply with the Clean Water Act to reduce pollution when mining.
 
Numerous other commercial and recreational organizations have raised concerns that suction dredge and other motorized mining practices are disruptive and harmful to fishing. Statewide, commercial fisheries generate more than $1.6 billion annually and sport fishing generates more than $1.1 billion annually. Suction dredge mining also undermines the tens of millions of dollars invested in salmon recovery efforts in Washington.
 
For detailed mapping of rivers and streams with suction dredge mining or endangered fish habitat click here.
Dec20

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

For Immediate Release, December 20, 2016
 
Contact:         
Nick Cady, Cascadia Wildlands, (314) 482-3746                       
Noah Greenwald, Center for Biological Diversity, (503) 484-7495
Bob Sallinger, Portland Audubon, (503) 380-9728
 
Court Halts Logging of Elliott State Forest Tract Sold to Timber Company
 Old-Growth Clearcutting Stopped to Protect Threatened Marbled Murrelets
 
EUGENE, Ore.— A U.S. District Court in Eugene has issued a preliminary ruling preventing Scott Timber from clearcutting a parcel of the Elliott State Forest purchased from the state of Oregon. The court found that the proposed logging of the Benson Ridge parcel by the subsidiary of Roseburg Forest Products raised serious questions over the potential harm threatened marbled murrelets, in violation of the federal Endangered Species Act.  
 
In August Cascadia Wildlands, the Center for Biological Diversity and Portland Audubon filed a lawsuit in federal court seeking to block Scott Timber from logging the 355-acre parcel of land, part of the 93,000-acre Elliott State Forest until 2014 and home to threatened marbled murrelets. The Endangered Species Act strictly prohibits “take” (harm, harassment or killing) of threatened species like the murrelet, which, unlike any other seabird, nests on the wide branches of large, old trees, making a daily trip of up to 35 miles inland to bring fish to its young. The court’s ruling on Monday prevents the logging of the Benson Ridge parcel until a full trial can be had on the merits.
 
“Today’s ruling has enormous implications for the state of Oregon’s efforts to dispose of the Elliott State Forest to private timber interests,” said Nick Cady, legal director at Cascadia Wildlands. “The state represented to these private timber interests that the forest could be logged without legal consequence, and this ruling establishes that private timber companies can no longer violate federal environmental laws with abandon.”
 
The court’s decision is well timed. On Dec. 13 Oregon’s State Land Board postponed a decision on a pending proposal to sell the remaining 82,000-acres of the Elliott State Forest to Lone Rock Timber Company. The court’s injunction halting the logging planned by Scott Timber indicates Lone Rock could be held liable under federal environmental laws for clearcutting the old-growth forests that once belonged to all Oregonians.
 
“The state of Oregon should never have sold this land,” said Noah Greenwald, endangered species director at the Center for Biological Diversity. “Not only does it have important habitat for the marbled murrelet and other wildlife, but it was there for all Oregonians to enjoy.” 
 
In 2012 the three groups sued the state of Oregon for illegally logging marbled murrelet habitat on the Elliott and other state forests. The state settled the suit in 2014, agreeing to drop 26 timber sales and stop logging in occupied murrelet habitat. But following the loss, the state sold three parcels totaling 1,453 acres, even though they contained mature and old-growth forests that are occupied by the murrelet, including the 355-acre Benson Ridge parcel. 
 
“This demonstrates the incredible cynicism that underpins the State’s efforts to sell the Elliott off to private timber interests,” said Audubon conservation director, Bob Sallinger. “Not only does it put fish and wildlife species at risk and eliminated use for future generations, but it also is predicated on those private timber companies returning to the illegal logging practices that the State was forced to abandon.” 
 
The court’s preliminary ruling is one of several promising developments for the protection of old-growth forests in Oregon critical to the survival of murrelets and other imperiled wildlife. The Oregon Department of Fish and Wildlife recently initiated a process to uplist the murrelet’s state protection status from threatened to endangered. The Oregon Board of Forestry recently decided to take up a petition to identify and develop rules to protect murrelet sites on state and private timber lands.
 
Cascadia Wildlands represents approximately 10,000 members and supporters and has a mission to educate, agitate and inspire a movement to protect and restore Cascadia’s wild ecosystems.
 
The Center for Biological Diversity is a national, nonprofit conservation organization with more than 1.1 million members and online activists dedicated to the protection of endangered species and wild places.
 
Audubon Society of Portland was founded in 1902 to promote the understanding, enjoyment and protection of native birds, other wildlife and their habitats. Today it represents over 16,000 members in Oregon.
 
Nov10

Post-election Thoughts: Action is the Antidote to Despair

Today, Joan Baez’s trusty adage “action is the antidote to despair” fills my brain.
 
I woke up yesterday morning and took a long, hot shower, trying to forever rinse away the results of the 45th presidential election. Border walls, nuclear codes, women’s liberation, wars, public lands, climate change, imperiled species, the future my kids will inherit — all spinning through my head like a dreidel.
 
Then my eight-year-old daughter popped out of bed and asked who won. The pit in my stomach deepened.
 
Lost_Coast_485A day to process has been good medicine.
 
Lunch with co-workers to commiserate and exchange ideas moving forward followed by a walk in the sunshine to the post office where we passed 150 high school students demonstrating downtown with a shared message of “Love Trumps Hate.”  News of thousands marching in Portland into the wee hours, shutting down both lanes of I-5 traffic. Neighbors coming together to hug, play music and hatch plans for the future.
 
The stakes for Cascadia and our planet have never been higher, and the new guy and his entourage are about to go for the jugular.
 
They are coming to clearcut our remaining old-growth forests, dam our free-flowing rivers, graze and drill our commons into oblivion, gut our bedrock environmental statutes and roll back decades of hard-fought social justice progress.
 
It is time to roll up our sleeves, dig in, and double down on our efforts over the next four years to defend our shared values and what makes Cascadia so special — its diverse landscapes, raging rivers, and unique communities.
 
Together, we are going to stop this nonsense, and Cascadia Wildlands’ newly adopted mission fits squarely into these trying times: We defend and restore Cascadia’s wild ecosystems in the forests, in the courts and in the streets.
 
It is an encouraging reminder that, with your help, we largely staved off the environmental disaster the George W. Bush administration would have wreaked in Cascadia, and we will do the same again. Generations to come depend on us.
 
Let’s take our passion to confront the threats to all that is wild in Cascadia and continue to lay the groundwork for the future we want. It is our imperative.
 
Take deep breaths, hug the ones you love, and brace for impact. Let’s do this, friends.
 
With love and rage,
Josh Laughlin
 
 
 
 
 
Josh Laughlin
Executive Director
 
(Grizz on the Copper River Delta, Alaska / Photo by Brett Cole)
 
Oct07

Poll: Most Oregonians Oppose Hunting of Wolves, Favor Nonlethal Conflict Prevention

For Immediate Release
October 7, 2016
 
Contacts:
>Nick Cady, Cascadia Wildlands, (314) 482-3746, nick@cascwild.org
>Amaroq Weiss, Center for Biological Diversity, (707) 779-9613, aweiss@biologicaldiversity.org
>Catalina Tresky, Defenders of Wildlife, (202) 772-0253, ctresky@defenders.org
>Lia Cheek, Endangered Species Coalition, (617) 840-4983, lcheek@endangered.org
>Arran Robertson, Oregon Wild, (503) 283-6343 x 223, ar@oregonwild.org
>Lindsay Raber, Pacific Wolf Coalition, (928) 301-6321, coordinator@pacificwolves.org
 
PORTLAND, Ore.— A new poll conducted by Mason Dixon Polling and Research finds that the vast majority of Oregon voters — from both rural and urban areas — oppose using hunting as a management tool for wolves in the state and believe wildlife officials wrongly removed state protections from wolves. The poll also revealed that most Oregonians believe nonlethal methods should be the primary focus in reducing conflicts between wolves and livestock.  
 
Details of the poll results include the following:
 
•    72 percent oppose changing Oregon law to allow trophy hunting of wolves.
•    67 percent oppose hunting wolves as a tool to maintain deer and elk populations.
•    63 percent oppose Oregon’s removal last year of endangered species protections for wolves.
•    67 percent said they don’t believe wolves pose an economic threat to the cattle industry that necessitates killing wolves.
•    72 percent said nonlethal conflict prevention measures must be attempted before officials are allowed to kill wolves.
 
“It’s very encouraging — and far from surprising — that the survey indicates a broad majority of Oregonians believe we can, and should, find ways to coexist with wolves,” said Dr. Michael Paul Nelson, a professor at Oregon State University whose research focuses on ecosystems and society. “And it should be instructive to policymakers that these results demonstrate that people across the state — even in rural areas most affected by wolves — want our public policies on wolves to reflect the facts, not unsubstantiated rhetoric and opinions.”
 
The Oregon wolf conservation and management plan adopted by the state in 2005 is now belatedly undergoing a legally mandated five-year review. The Oregon Fish and Wildlife Commission is holding meetings, including one taking place today in La Grande and another on Dec. 2 in Salem, to accept public testimony on proposed updates to the plan. Conservation groups are calling for a revival of provisions that require clear, enforceable standards that helped reduce conflict from 2013 to 2015. The livestock industry and some in the hunting community are calling for policies that make it easier to kill wolves. In March Commission Chair Finley argued for allowing trophy hunts to fund conservation. Without revision the plan reduces protections for wolves, eliminates enforceable standards, and could allow hunting as soon as next year.
 
At the end of 2015, the Oregon Department of Fish and Wildlife confirmed an estimated 110 wolves in the state, ranging across 12 percent of habitat defined by that agency as currently suitable. Published science indicates that Oregon is capable of supporting up to 1,450 wolves. The tiny population of wolves that currently exists occupies only around 8 percent of the animals’ full historic range in the state. Last year the Oregon Fish and Wildlife Commission voted to strip wolves of protections under the state endangered species law, despite comments submitted by more than two dozen leading scientists highly critical of that decision. The commission’s decision is being challenged in court by Cascadia Wildlands, the Center for Biological Diversity and Oregon Wild.
 
“It is clear from the feedback and analysis the state received that there was no scientific basis for delisting wolves in Oregon,” said Nick Cady, legal director of Cascadia Wildlands and an attorney on the delisting case. “And to the extent that the state was responding to public wishes of Oregonians, this poll demonstrates that Oregonians did not support this premature delisting by the state.”
 
“Oregonians value wolves and feel that the state should be doing more to protect them, including resolving conflicts with livestock without resorting to guns and traps,” said Amaroq Weiss, West Coast wolf organizer at the Center for Biological Diversity. “With the state wolf plan review now underway, we hope the Fish and Wildlife Commission follows the science and refuses to make changes to the wolf plan based on fearmongering from those opposed to sharing our landscapes with wildlife.”
 
“Science shows that effective management of wolves does not involve hunting, and this poll clearly shows the people of Oregon stand with the science. We trust that any future management decisions made by the commission will represent the wishes of the people and current research,” said Danielle Moser of the Endangered Species Coalition.
 
“It's clear from the poll that Oregonians are in favor of conservation, not deputizing hunters to kill more wolves," said Arran Robertson, communications coordinator for Oregon Wild. “The idea that wolf-hunting is an appropriate tool to manage deer and elk populations is absurd. Rather than stooping to Oregon’s default policy of scapegoating and killing native wildlife, officials should focus on enforcing poaching laws and maintaining quality habitat.”
 
“Oregonians strongly support the recovery of wolves in our state,” said Quinn Read, Northwest representative for Defenders of Wildlife. “And they want to see common-sense management practices such as the use of nonlethal conflict prevention tools to allow wolves and people to share the landscape.”
“On behalf of the Pacific Wolf Coalition, we are pleased to hear from Oregonians,” said Lindsay Raber, coordinator for the Pacific Wolf Coalition. “This is an opportunity to learn from the public’s perspectives and values which will help inform and guide our continued efforts toward wolf recovery in the Pacific West states.”
 
The Pacific Wolf Coalition commissioned the poll, which was conducted by Mason-Dixon Polling & Research on 800 registered Oregon voters on Sept. 20-22, 2016. The margin of error is + or – 3.5 percent.
 
The mission of the Pacific Wolf Coalition is to optimize an alliance of organizations and individuals dedicated to protecting wolves in the Pacific West. Together we hold a common vision where wolves once again play a positive, meaningful, and sustainable role on the landscape and in our culture. For more information, visit www.pacificwolves.org.
 
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Oct03

Tongass Groundtruth Expedition: 2016

Photos by Jacob Ritley, Tongass Groundtruth Expedition, 2016. Thanks to LUSH Foundation for their generous support.

a0014834

Southeast Alaska's Alexander Archipelago is made up of thousands of islands large and small. Small boats and floatplanes are the dominant modes of transportation. 

a0010562

Old-growth clearcutting is ongoing this summer on the Big Thorne timber sale, Prince of Wales Island. 

a0014717Virgin old-growth forests are being mowed down on the Cleveland Peninsula, on privately-owned ANCSA (Alaska Native Claims Settlement Act) corporation land. 

a0014448Our Alaska legal director inspects old-growth spruce in a fresh clearcut, Big Thorne project on Prince of Wales Island. 

Return to the Tongass Expedition Report

Sep30

Oregon Board of Forestry Sued for Failure to Protect Marbled Murrelet Habitat

For Immediate Release
September 30, 2016
 
Contact: Nick Cady, Cascadia Wildlands, 314-482-3746, nick@cascwild.org
              Noah Greenwald, Center for Biological Diversity, 503-484-7495, ngreenwald@biologicaldiveristy.org
              Steve Pedery, Oregon Wild, 503-283-6343 ext. 212
              Bob Sallinger, Portland Audubon, 503-380-9728
 
Lawsuit Filed Against Oregon Board of Forestry for Failing to Protect Habitat for Threatened Marbled Murrelet
 
EUGENE, Ore.- Four conservation organizations filed suit today against the Oregon Board of Forestry over dismissal of a petition requesting the Board identify and protect important old-growth forest areas for the marbled murrelet, a seabird threatened with extinction.  Under Oregon law, the Board was supposed to have provided such protection after the seabird was protected as threatened under the state Endangered Species Act in 1987.  
 
“The state of Oregon is obligated to protect its threatened wildlife, and it is not doing that with this unique seabird,” said Nick Cady, legal director at Cascadia Wildlands. “It is way past time that protection measures for the species are instituted, otherwise the marbled murrelet will go the way of the passenger pigeon.” 
 
On Sept. 9 the Oregon Department of Fish and Wildlife Commission granted a similar petition. The two agencies are required to work together to facilitate murrelet recovery and develop protection measures for occupied sites.  
 
The marbled murrelet was first listed as a threatened species in Oregon in 1987, and the listing of a species requires the Board of Forestry to conduct an inventory of species’ sites and develop rules to protect the sites from harmful forestry activities.  Clearcut logging of the murrelets’ nesting habitat on state and private forestlands in Oregon is the primary cause of the species decline.
 
“For the last thirty years, Oregon’s plan for marbled murrelets has been to look the other way while their habitat is clear-cut,” said Steve Pedery, conservation director at Oregon Wild. “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.”
 
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 habitat that they depend on. Instead the state has relied on the nesting habitat located on nearby federal forestlands. This is no longer sufficient as murrelet populations in the Pacific Northwest continue to decline, and a recent status review conducted by the U.S. Fish and Wildlife Service determined that conservation of nesting habitat on state and private lands is now critical to the species’ survival.
 
The Board of Forestry's decision to not even consider a petition to identify and protect old growth habitat for Marbled Murrelets once again demonstrates the board's indifference towards the plight of Marbled Murrelets and other old growth dependents species," said Bob Sallinger, Conservation Director for Audubon Society of Portland. "The Board has been ignoring its obligations under both state and federal law for decades even as the Marbled Murrelets numbers continue to plummet."
 
Murrelets fly inland from the ocean to nest on wide, mossy limbs found in the mature and old-growth forests of the Oregon Coast Range. A recent decision to ramp up clearcut logging of murrelet nesting habitat on Bureau of Land Management lands in western Oregon coupled with the state of Oregon’s proposal to privatize the 93,000-acre Elliott State Forest located, east of Coos Bay, underscore the need to develop habitat protections. A recent murrelet monitoring report produced by the U.S. Forest Service stressed the urgent need to “arrest the loss of suitable habitat on all lands, especially on non-federal lands in the relatively near term.”
 
“The Board of Forestry's management of the old-growth forests needed by the marbled murrelet and cherished by Oregonians across the political spectrum has been abysmal,” said Noah Greenwald, endangered species director at the Center for Biological Diversity. “The Board of Forestry and Gov. Kate Brown have a legal and moral responsibility to protect murrelets and their forest habitat, and need to take action to reverse the decline of the 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.
 
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Sep09

Press Release: Marbled Murrelet Moves One Step Closer to State Endangered Status, Stronger Protections

For Immediate Release
September 9, 2016
 
Contacts:
Nick Cady, Cascadia Wildlands, (314) 482-3746, nick@cascwild.org
Noah Greenwald, Center for Biological Diversity, (503) 484-7495, ngreenwald@biologicaldiversity.org
Bob Sallinger, Audubon Society of Portland, (503) 380-9728, bsallinger@audubonportland.org
 
EUGENE, Ore.— In response to a petition from Cascadia Wildlands and other conservation groups, the Oregon Fish and Wildlife Commission voted 5-2 to initiate a review of the imperiled marbled murrelet to determine if it warrants uplisting from “threatened” to “endangered” under Oregon’s endangered species law. The commission has until June 21, 2017 to make the decision. If the murrelet is determined to be endangered, the state will need to develop protection measures that limit logging in remaining coastal old-growth forests where the seabirds nest.
 
“The science clearly shows the marbled murrelet needs help if it is going to persist as a species into the future,” said Nick Cady, legal director with Cascadia Wildlands. “The vote is a huge first step in recovering this unique seabird from the brink of extinction.”
 
The murrelet was awarded state protection as “threatened” in 1987, followed by federal protection in 1992. But the seabird has continued to decline, primarily because of continued loss of habitat, particularly on nonfederal lands, where a recent report found that murrelet habitat has declined by 27 percent since 1993.
 
“If the marbled murrelet is to have any chance of survival, we must protect Oregon’s remaining old-growth forests,” said Noah Greenwald, endangered species director at the Center for Biological Diversity. “The state has not done enough to protect the murrelet's forested home on state and private lands, which cover substantial portions of the Coast Range.”
 
Despite the murrelet's continued decline, the state of Oregon is in the process of selling the 93,000-acre Elliott State Forest located east of Coos Bay. The Elliott contains large blocks of intact older forest habitat critical to the species’ survival.
 
“Even as the marbled murrelet moves closer to extinction, some of our elected officials are whistling past the graveyard,” said Bob Sallinger, conservation director at the Audubon Society of Portland. “At the same time that we are calling for the marbled murrelet to be uplisted, we are also calling on Gov. Kate Brown and state Treasurer Ted Wheeler to halt the sale of public lands on the Elliott State Forest which provide some of the best marbled murrelet habitat in Oregon.”
 
In addition to state lands, protecting remaining old forest on private industrial forestlands is critical to the species’ persistence. Overall, 41 percent of the murrelet's remaining habitat is on nonfederal lands.
While the marbled murrelet spends most of the year foraging in coastal waters, it is the only seabird that nests in trees, flying inland up to 35 miles to nest and rear its young during spring and summer each year.
 
The petition to uplist the murrelet to endangered was submitted in June by Cascadia Wildlands, Coast Range Forest Watch, the Center for Biological Diversity, Audubon Society of Portland, Oregon Wild and the Oregon Chapter of the Sierra Club.
 
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Sep07

Press Release: Court Orders Fish and Wildlife Service to Reexamine Lynx Critical Habitat

For Immediate Release
September 7, 2016
 
Contacts:
Nick Cady, Cascadia Wildlands, 314-482-3746, nick@cascwild.org
Matthew Bishop, Western Environmental Law Center, 406-324-8011, bishop@westernlaw.org
Bethany Cotton, WildEarth Guardians, 406-414-7227, bcotton@wildearthguardians.org  
Arran Robertson, Oregon Wild, 503-283-6343 ext. 223, ar@oregonwild.org
 
 
Missoula, MT — Today the U.S. District Court for the District of Montana ordered the U.S Fish and Wildlife Service (Service) to reconsider its decision to exclude the Canada lynx’s entire southern Rocky Mountain range, essential for the wildcat’s recovery, from designation as critical habitat.
 
Critical habitat is area designated by the federal government as essential to the survival and recovery of a species protected by the Endangered Species Act (ESA). Once designated, federal agencies must make special efforts to protect critical habitat from damage or destruction. In 2014, the Service designated approximately 38,000 acres of critical habitat for threatened lynx, but chose to exclude the lynx’s entire southern Rocky Mountain range, from south-central Wyoming, throughout Colorado, and into north-central New Mexico. These areas are vital to the iconic cat’s survival and recovery in the western U.S., where lynx currently live in small and sometimes isolated populations. Now, according to the court’s September 7, 2016, order, the Service must go back and reexamine these areas.
 
“Given that evidence cited by the Service in the September 2014 final rule shows that a reproducing lynx population exists in Colorado, the Service’s failure, on account of marginal hare densities, to designate critical habitat to protect that population and aid in its maintenance is arbitrary, capricious, and ‘offends the ESA.’ ” Court order at 20
 
“This decision gives the lynx a fighting chance to not only survive – but recover – in the southern Rockies,” said Matthew Bishop, an attorney with the Western Environmental Law Center who represented the groups. “We’re hopeful this decision will mark a turning point for lynx conservation in the heart of southern Rockies lynx habitat.”
 
Lynx habitat is under threat across the contiguous U.S. from climate change, road building, motorized recreation, and logging. Perplexingly, the Service’s latest designation decreased existing protections by 2,593 square miles compared to a 2013 plan. In doing so, the Service excluded much of the cat’s historic and currently occupied, last best habitat in the southern Rockies and other areas from protection. The court found the Service failed to follow the science showing that lynx are successfully reproducing in Colorado, and therefore excluding Colorado from the cat’s critical habitat designation “runs counter to the evidence before the agency and frustrates the purpose of the ESA.”
 
 “With increasing threats from climate change and development, it's long past time lynx receive every possible protection, including safeguards for the rare cat’s southern Rockies habitat,” said Bethany Cotton, wildlife program director for WildEarth Guardians. “The Fish and Wildlife Service needs to stop playing politics and start meeting its obligations to recover our most imperiled species, including lynx.”
 
The court ruled the Service did not improperly fail to designate historical Canada lynx habitat in Oregon and Washington’s Kettle Range, disappointing wildlife advocates.
 
“Canada lynx once roamed snowy peaks in Oregon from the Eagle Caps to Crater Lake,” said Oregon Wild Conservation Director Steve Pedery. “It's unfortunate that this decision does not do more to help restore this iconic animal to its rightful place in the Oregon backcountry.”
 
"It is discouraging that Oregon was not included, but this victory keeps us hopeful for the species," said Nick Cady of Cascadia Wildlands.
 
"Washington's Kettle Range provides important lynx habitat and a vital connection between populations in the Northern Rockies and those in the North Cascades," said Dave Werntz, science and conservation director for Conservation Northwest. "We're disappointed that this area has not been recognized as critical habitat, and we urge managing agencies to take further steps to protect lynx habitat in northeast Washington."
 
The Service first listed lynx as threatened under the Endangered Species Act (ESA) in 2000. However, at that time the Service failed to protect any lynx habitat, impeding the species’ survival and recovery. Lynx habitat received no protection until 2006, and that initial critical habitat designation fell short of meeting the rare cat’s needs and the ESA’s standards. After two additional lawsuits brought by conservationists challenging the Service’s critical habitat designations culminated in 2008 and 2010, a district court in Montana left the agency’s lynx habitat protection in place while remanding it to the Service for improvement. This resulted in the most recent and still inadequate habitat designation.
 
In 2014, the U.S. District Court for the District of Montana also ruled that the Service violated the ESA by failing to prepare a recovery plan for lynx after a more than 12-year delay. The court ordered the Service to complete a recovery plan for lynx by January 15, 2018.
 
“Lynx are a vital part of the landscape in Colorado and they need to be protected to ensure that they continue to recover, and eventually prosper," said Sloan Shoemaker, executive director of Wilderness Workshop. "This decision is an important step in that direction. ”
 
The Western Environmental Law Center represented WildEarth Guardians, Wilderness Workshop, Cascadia Wildlands, Conservation Northwest, and Oregon Wild on the case.
 
Background
Canada lynx, medium-sized members of the feline family, are habitat and prey specialists. Heavily reliant on snowshoe hare, lynx tend to be limited in both population and distribution to areas where hare are sufficiently abundant. Like their preferred prey, lynx are specially adapted to living in mature boreal forests with dense cover and deep snowpack. The species and its habitat are threatened by climate change, logging, development, motorized access, and trapping, which disturb and fragment the landscape, increasing risks to lynx and their prey.
 
Studies show species with designated critical habitat under the ESA are more than twice as likely to have increasing populations than those species without. Similarly, species with adequate habitat protection are less likely to suffer declining populations and more likely to be stable. The ESA allows designation of both occupied and unoccupied habitat key to the recovery of listed species, and provides an extra layer of protection especially for animals like lynx that have an obligate relationship with a particular landscape type.
 
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.
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.
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