Posts Tagged ‘logging’

Mar27

Press Release: Sensitive Wildlife Habitat and Drinking Water Supply Protected Above McKenzie

For immediate release
March 27, 2013

Contact:
Doug Heiken, Oregon Wild, 541.344.0675, dh@oregonwild.org
Susan Jane Brown, Western Environmental Law Center, 503-914-1323, brown@westernlaw.org
Josh Laughlin, Cascadia Wildlands, 541.434.1463, jlaughlin@cascwild.org

EUGENE – United States District Court Judge Anne Aiken has found that the United States Forest Service broke the law in seeking to carry out the controversial Goose logging sale near McKenzie Bridge, Oregon, without a detailed analysis of potential environmental damage.  This logging sale has drawn intense opposition from local residents and landowners concerned about harm to wildlife and nearby streams.  Represented by the Western Environmental Law Center,  the conservation organizations Oregon Wild and Cascadia Wildlands filed a legal challenge against the planned logging in 2012.

“The Judge's decision that the Goose logging sale is illegal is vindication for the concerns of local residents and conservationists,” said attorney Susan Jane Brown of Western Environmental Law Center.  “The McKenzie River and surrounding forests is too important to our community, and to the people of Oregon, to allow this kind of unwise logging project to go forward.”

The judge found that the Forest Service failed to properly analyze the impacts of the 2,100-acre logging project-an area the size of 2000 football fields.  Potential environmental harm includes damage to the 9,700-acre Lookout Mountain Potential Wilderness Area above McKenzie Bridge, and logging within protected stream buffers and sensitive species habitat.

The legal ruling comes on the heels of passionate opposition by members of the local community. Many residents of the McKenzie Bridge area believe they weren't properly notified about the project with some only hearing about it once timber sale flagging was put up adjacent to their properties. Residents have collected nearly 5,000 signatures opposing the logging project.

“We are not opposed to all logging,” said Doug Heiken, Conservation and Restoration Coordinator with Oregon Wild. “But the Forest Service has a responsibility to the American people to ensure that projects like this don't damage fish and wildlife habitat or pollute streams that provide drinking water to our communities.  With the Goose logging project, the Forest Service was clearly on the wrong track.”

The judge also found that the agency failed to fully consider the harm logging in the area could have on threatened wildlife like the northern spotted owl.

“While there are some restorative components to this project such as thinning in dense young stands, the Forest Service chose to pair them with aggressive logging in mature forest near streams, threatened species habitat, and within a potential wilderness area,” says Josh Laughlin with Cascadia Wildlands. “It is imperative the Forest Service focus on restoring what has been damaged by past mismanagement and abuse, and move away from controversial projects that make conditions worse in the forest.”

Conservation groups believe the Forest Service should instead be spending limited taxpayer dollars on projects that restore degraded landscapes, like restoration thinning in young tree plantations formed by past clearcutting, decommissioning harmful roads, and enhancing fish and wildlife habitat. While the Forest Service did analyze an alternative in the Goose project that focused on restoration thinning in young plantations that the organizations supported, the agency instead chose to adopt the much more controversial alternative.

The organizations are  represented by attorneys Susan Jane Brown and John Mellgren at Western Environmental Law Center.

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Jan31

Crony Capitalism on the Tongass

by Gabe Scott

Where is the Tea Party when we need them?

I’ve been spending a lot of time lately with two thick Environmental Impact Statements — for the Tonka Timber Sale, and the Big Thorne Timber Sale — out of Alaska’s Tongass National Forest. These fellas are a blast from the past, a nostalgic but savage reminder of why our work continues to be so necessary on Cascadia’s northern forest.

The Tonka and Big Thorne timber sales target thousands of acres of old-growth for clearcutting. Trying to stay clear of controversial roadless areas, they’re logging mostly “leave” areas between past clearcuts, on places like Prince of Wales Island and Lindenberg Peninsula. The result would be huge, continuous clearcuts. Sacrifice areas, really.

One big problem is these huge swaths of land will be worthless to deer during hard winters. In good weather, even a clearcut can be good habitat for a deer. But when deep snow comes deer seek refuge in the shelter of big trees, and rely on the lichens beneath them to avoid starvation.

A related problem comes when clearcuts grow back into densely stocked second-growth. This shades out undergrowth, killing the herbs and shrubs that deer eat. A second-growth forest in the “stem exclusion phase” is worthless to deer from about 30 years after logging out. The condition lasts about a century, nobody is really sure.

Loss of deer winter habitat has spiraling negative effects to wolves and humans who eat them. If this sacrifice areas strategy goes forward, the ecosystem won’t just be damaged — it will be destroyed, thrown fundamentally out of whack. Places like Prince of Wales Island and Lindenberg Peninsula will no longer be able to support deer, human hunters and wolves. One of the three will have to give.

It’s pretty clear how this story plays out. The last few winters have been hard, and the places that have been heavily logged have seen huge declines of deer. On Lindenberg Peninsula, where the Tonka sale is proposed, the Alaska Board of Game voted this month to limit the deer season and bag limit. Worse, they are considering “predator control” plans to kill off 80% the wolves in the area, in a desperate effort to leave enough deer to hunt.

These are the consequences of logging, so why are we still doing this? The thing is, the Forest Service sees it as their job to prop up and grow a timber industry in Southeast Alaska. These massive logging projects are based on the idea that if enough forest is sold cheaply enough, new mills will rise from the ashes.

The facts aren’t there to support the scheme. The truth is, not being able to find enough trees was never the reason behind the old-growth industry’s decline. The reasons are obvious: the price you can sell trees for went way down, and the cost of logging went way up. There’s only one mid-size mill left in business (just barely).

The fact is this: it is not profitable to log and mill Tongass old-growth on any large scale.

There are all sorts of gimmicks used to disguise the fundamentally unsound economics. The Forest Service builds, maintains and repairs a vast network of logging roads with taxpayer money. They try to hide the millions of dollars it costs to design, lay out, and do environmental analysis for timber sales.

The strategy doesn’t even obey its own logic. The Forest Service routinely issues exemptions allowing loggers to bypass the local mill and export logs overseas. If the point is to save the local mills, then why are these sales geared to export markets?

What is going on here is exactly the kind of “crony capitalism” that Sarah Palin rails against. We have a few dozen people in the logging industry, a Forest Supervisor, and local politicians co-enabling each other by peddling a tired old narrative. There’s a veneer of rugged individualism, but really these are government-made jobs. Taxpayers are paying over a quarter-million dollars for each logging job being created.

The “jobs versus environment” debate has become so entrenched that most politicians don’t know how to think any other way. Eventually the facts will catch up, and Tea Party folks will realize Tongass logging for the wasteful government program that it is.

Until then, we’ll have to keep fighting these big timber sales like it’s 1999.

 

Nov18

Lawsuit Blocks Elliott Logging

The World by Jessie Higgins
November 17, 2012

ELLIOTT STATE FOREST — The state has withdrawn more than 900 acres of planned Elliott State Forest timber sales, pending the outcome of an environmental lawsuit.

The Oregon Department of Forestry instead plans to open 465 acres of alternative logging sites not named in the lawsuit.

'It's certainly nowhere near what was proposed in the annual operating plan," said Kevin Weeks, a spokesman for the Forestry Department. As Elliott logging funds the Common School Fund, Weeks estimates the shift will cost the CSF $9.85 million in revenue in 2013.

The state had already suspended logging on about 800 acres of timberland slated to be clearcut in 2012, said Josh Laughlin, a spokesman for Cascadia Wildlands.

The environmental groups say deferred logging means another year of protection for the endangered marbled murrelet sea bird.

The lawsuit, filed in May by Cascadia Wildlands and several other environmental groups, alleges the state's logging practices violate the Endangered Species Act by killing the sea birds.

'All the current scientific information suggests the sea birds' population is continuing to plummet in this region," Laughlin said. 'Clear cutting of its nesting habitat is a factor. To us, that suggests that public agencies like the Department of Forestry should take stronger measures to ensure their survival."

The suit will be heard by a federal judge sometime next year, Laughlin said.

If the judge decides in favor of the environmental groups, the state would have to drastically adjust its forest management plan.

Cascadia Wildlands hopes the state will pursue a habitat conservation plan, which manages the forest as a whole, allowing logging in certain regions and preserving other regions as habitat for endangered species.

Such a plan must be approved by federal agencies, as it allows the state to log areas where endangered species live. The state managed the Elliott with a habitat conservation plan for years, but scrapped it in 2011 because the National Marine Fisheries Service would not approve the plan, saying it did not adequately protect Coho salmon.

Under the current forest management plan, all areas of the state forest are open to logging so long as no endangered species live in the immediate vicinity. Areas where murlets nest are protected from logging. The method is called 'take avoidance."

Cascadia Wildlands disapproves of this method because it fails to conserve uninterrupted habitat, instead creating a patchwork of logged and unlogged areas.

Reporter Jessie Higgins can be reached at 541-269-1222, ext. 240, or jhiggins@theworldlink.com.

Nov14

Press Release: Oregon Suspends Clearcutting in the Elliott State Forest

Contact:
Josh Laughlin, Cascadia Wildlands, (541) 844-8182    
Noah Greenwald, Center for Biological Diversity, (503) 484-7495    
Bob Sallinger, Portland Audubon Society, (503) 380-9728    
Tanya Sanerib, Crag Law Center, (503) 525-2722    
 
SALEM, Ore.- After a lawsuit by conservation groups, the State of Oregon has suspended logging of 914 acres of old-growth forest on the Elliott State Forest that is habitat for the threatened marbled murrelet. Previously, ten timber sales were suspended in response to the lawsuit filed in July by Cascadia Wildlands, the Center for Biological Diversity, and the Audubon Society of Portland. The suit asserts that the state is harming the rare seabird by logging its nesting habitat in violation of the Endangered Species Act.

“The state of Oregon has been playing fast and loose with the law for years in the way it claims to 'protect' the imperiled marbled murrelet,” said Francis Eatherington, conservation director of Cascadia Wildlands. “The decision to further defer hundreds of acres of clearcuts is one that we welcome and provides interim relief for the murrelet.”

Plaintiffs discovered the logging deferral announcement in an Oregon Department of Forestry memo, dated Sept. 19, 2012, that was just recently posted to the Department's website. The memo suggests that the State will defer 15 additional timber sales until the lawsuit currently pending in U.S. District Court is resolved, and that the State will work to identify other logging projects that are free of the contested issues in the case. Plaintiffs have long advocated the state focus its timber operations on young plantation forests in need of restoration rather than older forests that are critical to the survival of a host of endangered species, including marbled murrelets.

“Logging on state forests cannot be done at the expense of the survival of the marbled murrelet or any other animals that depend on old forests for their survival,” said Noah Greenwald, endangered species director with the Center for Biological Diversity. “The last remaining old forests in Oregon are precious and need to be protected not just for the marbled murrelet, but for future generations.”

The most recent status review of the murrelet by the U.S. Fish and Wildlife Service found the birds have been declining by about four percent per year and that this decline relates to continued loss of habitat, primarily on state and private lands.
 
The State of Oregon recently abandoned its decade-long attempt to develop habitat conservation plans (HCPs) for the Elliott, as well as the Clatsop and Tillamook State Forests, that would have given it a federal permit for limited impacts to marbled murrelets in exchange for habitat protection measures designed to enhance the bird's conservation. Rather than improving habitat protections, the state walked away from the HCP process altogether and instead ramped up logging on all three forests. The lawsuit seeks to force the State to halt logging practices that are harmful to murrelets until it develops a plan that will protect murrelets and the mature forests on which the birds and other species depend.

“It is time for the State to return to the table and negotiate a balanced plan for each of the state forests that will provide adequate protection for the murrelet, allow for responsible and sustainable logging, and ensure that the State meets the requirements of the Endangered Species Act,” said Bob Sallinger, conservation director for the Audubon Society of Portland.
 
The conservation organizations are represented by outside counsel Daniel Kruse of Eugene, Tanya Sanerib and Chris Winter of the Crag Law Center, Nick Cady of Cascadia Wildlands, Scott Jerger of Field Jerger LLP, and Susan Jane Brown of the Western Environmental Law Center.

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Jul02

State Suspends State Forest Timber Sales Subject to Federal Lawsuit   

July 2, 2012
KLCC by Rachael McDonald
 
The Oregon Department of Forestry has suspended operations on 10 timber sales. A lawsuit brought by conservation groups says the logging imperils a federally listed seabird.
 
Four conservation groups are suing Oregon to halt timber sales on the Elliot, Clatsop and Tillamook State Forests.
 
Josh Laughlin with Cascadia Wildlands says ODF's current methods are depleting habitat for the Marbled Murrelet, which nests in coastal forests.


 
Laughlin: "Their rampant clearcutting and chemical spraying program is continuing to push this species closer to the brink of extinction."
 

 
Laughlin says these methods are unlawful under the Endangered Species Act. He hopes Federal Judge Ann Aiken will agree. Laughlin says logging can be done in a more careful way so the murrelet's nesting sites are preserved.
 
Kevin Weeks is with ODF. He says the agency is preparing their defense of the lawsuit.
 

 
Weeks: "The Department of Forestry has adopted a rigorous set of wildlife management policies and procedures which include both extensive and intensive surveying for marbled murrelets and where we find those habitat areas extensive site protection measures."
 

 
Laughlin counters that the state leaves only postage-stamp size forest patches around the bird's habitat. The conservation groups have filed a preliminary injunction motion to keep the state from going forward with its logging plans. The hearing will take place in Portland Federal Court in the coming weeks.


 
To listen to the story, click here.
 

Jul02

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

Marbled murrelet (USFWS)

For immediate release
July 2, 2012
 
Contact:
Josh Laughlin, Cascadia Wildlands, (541) 844-8182      
Noah Greenwald, Center for Biological Diversity, (503) 484-7495      
Bob Sallinger, Portland Audubon Society, (503) 380-9728      
Tanya Sanerib, Crag Law Center, (503) 525-2722      
 
State of Oregon Suspends 10 State Forest Timber Sales in Marbled Murrelet Habitat
Simultaneously, Conservation Groups File Injunction Request to Safeguard the Threatened Seabird During Lawsuit
 
PORTLAND, Ore.— The State of Oregon has suspended operations on 10 timber sales in marbled murrelet habitat one month after Cascadia Wildlands, the Center for Biological Diversity and the Audubon Society of Portland filed a lawsuit alleging the state’s logging practices in the Tillamook, Clatsop, and Elliott State Forests are illegally “taking” the imperiled seabird in violation of the Endangered Species Act.  To prevent additional murrelet habitat from being lost while the case works its way through the court system, the conservation groups filed an injunction request in federal court to halt sales and logging in the occupied murrelet habitat pending the outcome of the lawsuit.
      
The State agreed to suspend three timber sales and to hold off on auctioning three others to give the Court time to consider the preliminary injunction motion. Plaintiffs have also recognized the State has taken things a step further by removing at least four additional timber sales in murrelet habitat from the auction block that were scheduled to be sold in the near future.   
 
“We are pleased that the state has suspended clearcutting in murrelet habitat on its own accord while this portion of the case proceeds,” said Francis Eatherington, conservation director with Cascadia Wildlands. “We hope that Governor Kitzhaber will permanently abandon these illegal timber sales, prevent any others like them in the future, and begin acting within the law in managing our state forests.”
 
The Endangered Species Act prohibits actions that “take” threatened species. Take is broadly defined to include actions that kill, harm or injure protected species, including destruction of habitat. The injunction request presents evidence that logging in the three state forests is harming marbled murrelets by destroying their nesting habitat. The logging operations were either already underway or ready for auction.
 
“Oregon's irresponsible logging is driving the marbled murrelet to extinction,” said Noah Greenwald, endangered species director for the Center for Biological Diversity.  "We're asking the court to stop the worst of the state’s timber sales, and encouraging Governor Kitzhaber to initiate the development of scientifically-supported management plans for our coastal state forests.”
 
The injunction motion requests a halt to 11 timber sales, constituting 840 acres of proposed logging in the three forests as well as a halt to any future logging in occupied murrelet habitat pending the outcome of the case. The injunction is necessary because significant amounts of murrelet habitat could be lost while the case works its way through the court system.
 
“The suspension of the timber sales is an important interim measure while the litigation proceeds,” said Bob Sallinger, conservation director for the Audubon Society of Portland. “However it is important for the public to realize that these and other sales in murrelet habitat are still at real risk of proceeding in the near future.”
 
The most recent status review of marbled murrelets by the U.S. Fish and Wildlife Service found the birds have been declining at a rate of approximately 4 percent per year and that this decline likely relates to continued loss of habitat, primarily on state and private lands.
 
 Oregon recently abandoned its decade-long attempt to develop habitat conservation plans (HCPs) for the three forests that would have given it a federal permit for limited impacts to marbled murrelets in exchange for habitat protection measures designed to enhance the bird's conservation. Rather than improving habitat protections, the state turned its back on murrelets and other listed species altogether by walking away from the HCP process. The lawsuit seeks to force the state to develop a plan that will protect murrelets and the mature forests on which the birds and other species depend.
 
The conservation organizations are represented by outside counsel Daniel Kruse of Eugene, Tanya Sanerib and Chris Winter of the Crag Law Center, Nick Cady of Cascadia Wildlands, Scott Jerger of Field Jerger LLP, and Susan Jane Brown of the Western Environmental Law Center.
 
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A copy of the preliminary injunction memo and motion can be found here, and more case background can be found here.

 

May31

Logging in Oregon State Harm Protected Marbled Murrelets, Lawsuit Says

May 31, 2012
The Oregonian by Scott Learn
 
Three conservation groups sued Gov. John Kitzhaber and Oregon agencies today in federal court, charging that logging in three Coast Range state forests is killing or displacing protected marbled murrelets. 
 
The lawsuit requests an injunction to halt logging — including a host of currently planned sales — that could threaten the rare seabirds in the Tillamook, Clatsop and Elliott state forests until the state gets an incidental take permit under the Endangered Species Act.
 
Cascadia Wildlands, the Center for Biological Diversity and the Audubon Society of Portland filed the suit. 
 
West Coast populations of marbled murrelets have declined because of logging, the groups say. A 2009 status review estimated that the population dropped to 18,000 birds in 2008, a 26 percent decline from 2002. 
 
Marbled murrelets, listed as threatened under the ESA in 1992, are robin-sized seabirds that forage in the ocean but nest in mature or old growth forests. 
State officials say they take prudent measures to avoid harming murrelets. According to department documents, officials conduct about 1,500 surveys for murrelets annually and manage forests through a "take avoidance" policy. 
 
In an April 2011 report to the Oregon Board of Forestry, the department said it has designated more than 20,000 acres as murrelet management areas in northwest Oregon. 
 
But the conservation groups say logging in managed areas has killed or displaced  murrelets and fragmented their habitat. The logging includes some clearcuts as well as thinning projects that increase blow-down of trees in the birds' habitat, the groups say. 
 
Logging near the edges of murrelet habitat increases raids on their nests from jays, ravens and crows, the lawsuit says. 
 
In 2009, Oregon abandoned a habitat conservation plan that would have better protected the birds. The state has also approved increased logging in state forests to boost timber jobs and money for school, county and state services. 
 
Washington and California, the lawsuit says, both have more protective forest practice rules in place.
 
http://www.oregonlive.com/environment/index.ssf/2012/05/logging_in_oregon_state_forest.html

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