Posts Tagged ‘Nick Cady’


Huckleberry Hounding

By Bob Ferris
I read an article recently that reported that when peace officers wore cameras happier outcomes resulted for the2019372475 police and for citizens.  I think of this now as our Legal Director Nick Cady readies himself for to meet along with our members of our coalition with officials in Washington about the Washington Department of Fish and Wildlife’s handling of the situation with the Huckleberry pack.
In my mind also is a depredation report that I recently reviewed from Oregon (see below).  This well-reasoned and thorough report—available to the public—is one of the tangible results of our lawsuit and 18 months of negotiation with the Oregon Department of Fish and Wildlife and Oregon Cattleman’s Association.  It is part of the manifestation of the “video camera” we have installed on that wolf recovery program and hope to install in Washington too.  
Investigation ID: 140905 Wallowa
Date Investigated: 9/5/2014
General Area: Chesnimnus Creek area ‐ public land
General situation and animal information: On 9/2/14 hunters found a dead adult cow on a ridge. Wolf depredation was suspected and on 9/5/14 ODFW was asked to respond. ODFW investigated the same day. Scavengers had removed muscle tissue and hide from the left side of the neck, the left hindquarter and the medial portion of the right hindquarter. All entrails were gone from the body cavity except for the rumen contents. The skeleton was intact. The entire cow was skinned during the investigation. The cow was estimated to have died 9/1/2014.
Physical evidence of attack by a predator: There were no signs of predation on the carcass or the scene. The majority of the hide, including most of the areas commonly bit by wolves, was present and had no bite wounds on them. There was a scrape from a large blunt object on the outside of the front right leg above the knee. There was diffuse premortem bruising and blood clots just below the scrape under the hide at the knee, but no damage into the muscle fascia. There was pocket of pus next to the right hind leg hamstring (rear flank above the hock), but no bruising or damage found to the hide or muscle nearby. No signs of a chase or attack were found in the area around the carcass.
Evidence that the predator was a wolf: N/A
Evidence of wolf presence near the time of the animal(s) death/injury: There was no wolf sign at or near
the carcass or a nearby pond.
Recent wolf depredation in the same or nearby area: One calf was confirmed killed by Chesnimnus wolves 5.5 miles away on 7/16/2014 and one calf was confirmed injured by Chesnimnus wolves 10 miles away on 8/14/2014.
Cause of death/injury: Confirmed Wolf Probable Wolf Possible/Unknown Other
Summary: The cause of death is unknown, though there were no signs that predation was involved.
Now this comprehensive report indicated that a wolf was not at fault.  But had a similarly detailed report indicated that a wolf had killed the livestock I would have been satisfied as well—not as happy, but satisfied.  This is an example of the type of changes that we are trying to institute in Washington’s program.  It is all about being transparent and open about what you are doing, balancing rights with responsibility, and moving wolves towards recovery.  We wish our team well!



Press Release: Washington Wildlife Agency Urged to End Support for Abolishing Federal Wolf Protections

For Immediate Release, March 6, 2014
Amaroq Weiss, Center for Biological Diversity, (707) 779-9613
Nick Cady, Cascadia Wildlands, (541) 434-1463
Suzanne Stone, Defenders of Wildlife, (208) 861-4655
Tim Coleman, Kettle Range Conservation Group, (509) 775-2667/(509) 435-1092 (cell)
Rebecca J. Wolfe, Washington State Chapter of the Sierra Club, (425) 750-4091
OLYMPIA, Wash.— Eleven conservation organizations representing hundreds of thousands of Washington residents sent a letter to the Washington Department of Fish and Wildlife today urging the agency to rescind its support for stripping wolves of federal Endangered Species Act protections. The department has repeatedly expressed support for dropping the federal safeguards, most recently in a letter sent to the U.S. Fish and Wildlife Service on Dec. 13, 2013. The delisting runs counter to the best available science and ignores the values of the vast majority of Washington residents who want to see federal wolf protections Leopold wolf following grizzly bear;Doug Smith;April 2005maintained.
“Most people in Washington want wolves protected. The state department’s perplexing stance is out of step with the science and the values of local residents,” said Amaroq Weiss, West Coast wolf organizer at the Center for Biological Diversity. “Wolves are just beginning to recover in Washington and face continued persecution. Federal protection is clearly needed to keep recovery on track.”
The U.S. Fish and Wildlife Service in June 2013 proposed to remove federal endangered species protections for gray wolves across most of the lower 48 states, including in the western two-thirds of Washington. The science underlying the proposal has been sharply criticized by many scientists, including a peer review panel contracted by the federal agency, which unanimously concluded the proposal was not based on the best available science.
“The department should have never endorsed the delisting given the extremely controversial and political nature of this issue,” said Nick Cady of Cascadia Wildlands.  “The department should instead be focused on ironing out significant shortcomings within its own wolf program, in order to prevent future regretful decisions, like the extermination of the Wedge pack.”
Washington’s wolf population has grown from zero wolves in 2007 to roughly 51 wolves in 10 packs at the start of 2013, with new numbers to be announced this week. The recovery has largely been driven by federal Endangered Species Act protections, which led to the reintroduction of wolves in adjacent Idaho and made it against the law to kill wolves. Wolf recovery in Washington was almost upended when several members of the state’s first pack, known as the Lookout pack, were poached. In 2011 the poachers were caught and prosecuted under federal law and the pack has started to make a comeback. In 2012 the Wedge pack was killed in a department lethal control action over wolf-livestock conflicts on public land. The mass killing resulted in public outrage that the department had acted in violation of the state wolf plan and that the rancher involved had refused to adequately protect his cattle.
In February, a wolf was found illegally shot and killed in Stevens County.
“The scientific peer review panel was unified in rejecting the federal government’s scientific basis for proposing the national delisting of gray wolves,” said Suzanne Stone with Defenders of Wildlife. “Washington state should withdraw its support of the Service’s delisting proposal and instead advocate that the Service follow the best available science, as required by law, to chart a sustainable recovery path for wolves in Washington and throughout the U.S.”
The Department’s support for dropping federal protections for wolves runs contrary to the sentiments of Washington residents, nearly three-quarters of whom oppose delisting, according to a September 2013 poll. That matches the strong support nationwide for continued federal wolf protections demonstrated in a national poll conducted in July 2013.
“The protection of wolves as part of our Washington state wildlife is a public trust issue,” said Rebecca Wolfe of the Washington State Chapter of the Sierra Club. “It is the duty of the department to care for the wildlife entrusted to them by the people.”
“It’s time for the department to lead, governed by science, not pandering to special interests, mythology, science fiction or their desire to sell hunting licenses,” said Timothy Coleman, executive director of Kettle Range Conservation Group. “Gray wolf reintroduction to Yellowstone National Park showed the species is essential to ecosystem health.  Washington citizens strongly support gray wolf recovery and the Washington Department of Fish and Wildlife should do all it can to make that happen.”
The letter to the department was filed by groups representing hundreds of thousands of Washington residents, including the Center for Biological Diversity, Cascadia Wildlands, The Humane Society of the United States, Western Environmental Law Center, Defenders of Wildlife, Washington State Chapter of the Sierra Club, Wolf Haven International, Gifford Pinchot Task Force, Kettle Range Conservation Group, The Lands Council and Wildlands Network.

Fantastic Fourth Float

To celebrate the recent passage of the suction dredging bill and in an effort to remove myself from the computer, a friend of mine Kyle who works for a local watershed council and I decided to paddle down the Willamette River from Eugene to Independence Oregon, just south of Salem.  Growing up paddling in the Ozarks, I had been missing these types of excursions, and jumped at the chance to camp on gravel bars for a few nights.  We took advantage of some days off for the Fourth of July weekend and borrowed a Wenonah Spirit (17 foot all-purpose canoe).  We planned for three nights of meals and four days on the river and after realizing we forgot a stove, resolved to cook over fires.  

We put in at Armitage State Park in Springfield, actually on the McKenzie River, only a couple of miles from the confluence with the Willamette.  I was hoping we would get to shoot the roller under Autzen Bridge on the way through Alton Baker Park, but I realized later that my friend had purposely avoided this route, likely in an effort to preserve his expensive fly-fishing gear that was brought along.  

This first stretch of the river contained a fair deal of fast water, and some narrow turns, the first of which almost spilled us as I turned the bow a little too soon and caught an eddy current that put the edge of the boat on the water line, and turned us 280 degrees.  The Willamette took some time for me to adjust too, the sheer quantity of water forces you to prepare your turns much earlier, and I eventually learned to prepare my line far before a large strainer was upon us.

We entirely spaced the confluence between the McKenzie and the Willamette, but apparently it is not that significant.   It consisted of at least two separate smaller streams feeding into the main channel of the McKenzie, but shortly after realizing we had missed the confluence, we noticed that the river had gotten much larger.  

The first night we camped about ten miles south of Corvallis, west of Brownsville.  We had found an excellent large gravel bar on a secluded stretch of the river, figured it was around 5 or 6 (we put in at 11am), and gathered plentiful drift wood for a nice fire to clear any bugs and prepare dinner.  It was the fourth and we were camped at a bend in the river allowing us to see up at least a couples of miles of straight river that pointed to Corvallis.  After a horrible dinner of mac and cheese and hot dogs (‘merica) that settled like an enormous stone in our stomachs and set the stage for emergency pull-overs the next day, we played some cribbage and luckily we able to catch the majority of the firework show in Corvallis that was above the tree line.

We had plenty of wood leftover for coffee and bacon in the morning (make sure to bring some sort of work gloves when cooking over open flames) and got on the water relatively early in an effort to catch some wildlife.  The river has slowed a fair deal, which allowed Kyle to fish from the bow, although apparently the fishing is not very good that far north.  We stumbled upon a lot of blue herons, bald eagles, kingfishers, the occasional deer, and frequently spotted fish swimming alongside the boat.  This early stretch of the river was filled with beautiful large gravel bars, plenty of nice camping spots, and good looking river banks.  

We soon passed through Peoria and Corvallis, where the Willamette is joined by the Marys River.  We were joined on the river by some partying college students that were enjoying the sun.  After Corvallis we also noticed a couple of motor boats on the water; we were passed by a large police boat that despite our efforts decided to corner the flotilla of OSU kids.  Aside of the riverside parks after the confluence with the Calapooia (Kyle’s watershed council), the river began to take on a totally different look.  Very agricultural, prominent erosion on the banks and every once in a while, a large piece of rusting farm equipment half submerged.  The water had slowed dramatically; we figured we were covering around 2 miles an hour with slight paddling.  Camping opportunities, aside from crowded boat ramp parks, became scarce in this section as well.  As the day wore on, we became slightly worried about finding a decent gravel bar to post-up on.  We decided to push through Albany, and attempt to hit a two-mile long island that we were confident  would have some camping.  

We were not making good time and as the sun started to approach the tree-line, we started paddling hard in an effort to find this ominously self-titled island.  We reached the island as the sun was setting.  We beached the boat at the tip of the island, and hiked around briefly to decide where to camp.  There was a great spot, although boggy, on the east side of the island, which also shielded us from the noise of the road on the far west bank of the river.  We quickly gathered some wood, and started a smoky fire to keep away the bugs we knew the frequent pools were sheltering , and given the hard paddling for the past few hours, elected to cook our ribeyes and twice baked potatoes that I had prepared and wrapped in foil days before.  Kyle retied early, but I decided to prop myself up in two camping chairs and weather the night next to the fire.  The north portion of the island had a large stand of cottonwoods and firs, that as I soon realized, harbored an enormous bat population.  Watching the stars, I felt like I was looking through a screen door there were some many bats preying on the bugs those pools were producing.  There was also a beaver nearby that I heard throughout the night, who was also evidenced by the nice chewed on hardwood sticks I was using to fuel the fire.  In the morning we prepared coffee and bagel and sausage sandwiches.  After a morning swim, we were able to load the canoe quickly and hit the water. 

Just several miles north of our camp spot we hit the confluence of the Santiam River, which was marked by an enormous and awesome gravel bar.  This stretch of the river altered dramatically as well.  The agricultural traces began to fade and we began to come across large bluffs and gravel bars.  Having made good time the following day, we stopped and enjoyed the sun for a bit and got in some more fishing.  We also took a lot of time to fish the frequent sloughs along the river.  These sloughs were sluggish, frequently dead-ending, side-channels of the river.  Kyle was sight fishing for carp, looking for murky disturbances in the water (sign of feeding), attempting to spot the three feet fish scared out by our shadow, and then dropping the line right in front of the fish in hopes it would take hold.  We had several good opportunities, but never landed one.  It was incredible to see these huge fish, in these very shallow and isolated back channels, where they spend their entire lives.  

Despite resting the majority of the day on improvised dry-bag back rests, we still arrived at our take out in Independence that third night, where there was no camping allowed.  We had totaled around 90 miles in three days, likely averaging around 3-4 miles per hour.  There is a big fourth celebration in Independence, Oregon (given the name) on that Saturday night and allow tempted to stay and experience the town, we decided to load up the car and head back into Eugene for the evening.  All in all it was an incredible trip and novel way to spend a holiday.  I was amazed by the resilience of this heavily abused river that has been able to recover quickly and still provide an easy escape from town.  What’s the saying: “Nature bats last.”


Press Release: Settlement Reached in Wolf Legal Fight

May 24, 2013
Rob Klavins, Wildlife Advocate, Oregon Wild, (503) 283-6343 ext. 210,
Steve Pedery, Conservation Director, Oregon Wild, (503) 283-6343 ext. 212,
Nick Cady, Legal Director, Cascadia Wildlands, (314) 482-3746,
Josh Laughlin, Campaign Director, Cascadia Wildlands, (541) 844-8182
Salem, Oregon  – After seventeen months of grueling negotiations, conservationists, Governor John Kitzhaber, the Oregon Department of Fish & Wildlife (ODFW), and the livestock industry have reached a compromise settlement agreement that resolves a long-running legal battle over wolf conservation in Oregon.
“Oregonians treasure our state’s wildlife and want to see it protected,” said Dan Kruse, an attorney for Oregon Wild and Cascadia Wildlands. “This settlement will put in place, for the first time, clear standards and public accountability for what must happen before ODFW or livestock interests can kill an endangered wolf, and measures that should reduce conflict between wolves and livestock. I applaud all the parties for coming to this agreement, and in the coming months we will be watching closely to ensure it is faithfully implemented.”
On October 5, 2011, a coalition of conservation organizations filed a legal challenge against the state’s aggressive killing program that targeted endangered gray wolves. The groups believed the state’s actions violated both the state’s Wolf Plan and Endangered Species Act. That same day an appellate commissioner with the Oregon Court of Appeals issued an injunction suspending the state’s ability to kill wolves on behalf of the livestock industry.
The settlement agreement resolves this legal conflict by establishing a new management framework which more clearly outlines steps that must be taken before the state can again consider killing endangered wolves. The agreement emphasizes the employment of responsible livestock husbandry practices and requires thorough use of proactive, non-lethal techniques to preempt conflict between wolves and livestock.
“We went to court because ODFW was breaking its own rules and state endangered species laws,” said Rob Klavins, Oregon Wild’s Wildlife Advocate. “This settlement is far from perfect, but it requires more transparency from the state and responsibility from the livestock industry. Now it’s up to the agency to honor the terms of the agreement and ensure wildlife management lives up to Oregon’s proud conservation values.”
Wolves began returning to Oregon in the late 1990s, after being hunted, trapped and poisoned to extinction in the first half of the twentieth century. In 2005, after wolves begin to return to Oregon the state and stakeholders created a wolf plan that prioritized conservation and non-lethal steps to prevent conflict with livestock as the species recovered in our state. When the plan was followed in 2009, conservationists did not oppose lethal action against wolves in Baker County. However, facing increasingly intense pressure from livestock interests, the state initiated a series of aggressive lethal actions against endangered gray wolves in Oregon. Conservationists believed this effort violated both the spirit and the letter of the Oregon Wolf Plan.
“This agreement gets us back to the wolf plan we thought we had in 2005,” said Nick Cady, Legal Director from Cascadia Wildlands. “Under this agreement killing wolves should be an option of last resort. Ranchers need to do their part to improve animal husbandry and coexist with native wildlife, and ODFW needs to live up to its mission to ensure abundant populations of native wildlife for all Oregonians.”
With support from the conservation community, in 2012 Oregon increased efforts to educate ranchers about the steps that can be taken to reduce the risk of conflict. Simple measures like burying dead cattle, keeping young calves and other vulnerable animals behind fences, and checking cattle more frequently have reduced conflict in Oregon, even as the number of wolves in the state has grown. In 2012, the state’s known wolf population grew from 29 to 46, and only four cows were lost to wolves.
“Oregon has a chance to learn from the mistakes of other states and become a model for how to balance conservation values with demands from the livestock industry,” said Steve Pedery, Conservation Director for Oregon Wild. “In the coming years, we look forward to working in Salem, at the federal level, and on the ground to advance wolf recovery and restore other important native species in our state.”
Wolf recovery remains popular in Oregon. When the state’s wolf plan was developed in 2005, a state poll showed that 70% of Oregonians supported wolf recovery. A public review of Wolf Plan in 2010 generated over 20,000 public comments. Over 90% were in favor of stronger protections for wolves.
While conflict surrounded wolf killing in 2011, other stories inspired hope for Oregon’s fragile recovery. A lone wolf left Northeast Oregon and gained international attention when he became the first wolf in Western Oregon since 1947, and then the first wolf in California in nearly a century. The wolf known to biologists as OR-7 and renamed Journey in an international naming contest is now back in Oregon, and has traveled over 3,000 miles in search of a mate.
“This agreement strengthens wolf protections throughout the state and sets in motion recovery across the rest of Oregon and the region,” said Josh Laughlin, Campaign Director for Cascadia Wildlands. “Wolves in the Pacific West are just beginning their historic recovery and will greatly benefit from this new management framework.”
The settling conservation organizations were represented by attorneys Nick Cady and Daniel Kruse.

Click here to read frequently asked questions about the settlement.



Blog: Lawyers, Guns and Money

Over the past year Cascadia Wildlands has effectively doubled our organization’s legal capacity through the generous support of our members and foundations. Gabe Scott is back in our Alaska Field office, armed with a law degree, and our Eugene office has its first-ever full-time staff attorney. We want to showcase the effects that this has had throughout Oregon.  For the past year and a half now, the State of Oregon has been prevented from killing wolves.  When Cascadia first filed the lawsuit, Oregon’s recovering wolf population was arguably on the brink of failure, and the Oregon Department of Fish and Wildlife had its scopes on Oregon’s first breeding pair to return to the state. Now there are seven packs in the state and well over 50 wolves.
After years of hard fought campaigning, through litigation, comment and appeals, and direct action, old-growth logging on federal lands in Oregon has slowed to a near halt. However, the Oregon Department of Forestry has continued reckless old-growth clearucutting on places like the Elliott State Forest. After all other reform efforts failed, we sued the state which successfully halted nearly all mature forest logging on state lands due to harm to the imperiled marbled murrelet, a reclusive seabird that nests in the old forest of the Coast Range.
After these massive successes in Oregon, our focus in Cascadia is expanding. The wheels are turning in our offices. Our reach is expanding to focus on Washington’s wolves, genetically modified salmon, old-growth logging on the Tongass National Forest in southeast Alaska, and suction dredge mining in some of Oregon’s most iconic rivers, like the Rogue, Illinois and South Umpqua.
Our reputation precedes us, we are a force to be reckoned with. Real change has come to Oregon and is coming to the region.  The support of our membership has directly enabled us.  You are furthering real, drastic change in Cascadia, and the protection of OUR, public resources. However with these successes, tremendous push back ensues, and it is critical that your support continues.  The entitled few that have long profited off the pillaging of our shared land and wildlife are lashing out.  Our achievements are coming under attack. As Warren Zevon put it: “Send lawyers, guns, and money; the shit has hit the fan.” (Maybe we don’t need the guns.)

Court Halts Clearcutting in Murrelet Habitat on Oregon State Forests

For Immediate Release, November 27, 2012
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  
Court Halts Clearcutting in Murrelet Habitat on Oregon State Forests
Conservation Groups Call on Gov. Kitzhaber for Balanced Forest Planning
PORTLAND, Ore.— A federal court judge has halted 11 timber sales and all logging activities in occupied marbled murrelet sites in the Tillamook, Clatsop and Elliott state forests. The ruling stops logging in murrelet habitat until the resolution of a case filed by Cascadia Wildlands, the Center for Biological Diversity and Portland Audubon Society asserting that the state's logging practices are harming the federally protected seabird in violation of the Endangered Species Act (ESA). 
Since the case was filed, Oregon has voluntarily suspended timber sales on more than 1,700 acres of older forest in marbled murrelet habitat in the three state forests. In her ruling, Chief Judge Ann Aiken concluded the voluntary suspensions do not go far enough, writing, "Because the suspension of logging activities may be lifted at anytime with 60-days notice, and due to the imperiled status of the marbled murrelet, the status quo includes an imminent threat of irreparable injury under the ESA."
“The state of Oregon’s forest practices are the most reckless in the Pacific Northwest and are pushing the marbled murrelet closer to extinction,” says Francis Eartherington, conservation director with Cascadia Wildlands. “This ruling should send a signal to the leadership of Oregon that balanced forest plans are critically needed to truly protect the murrelet.”
Murrelet populations are declining steadily, as is their breeding habitat. Oregon has the opportunity to provide for these birds while also ensuring timber jobs through either thinning young plantations or entering into an agreement called a “habitat conservation plan” with the U.S. Fish and Wildlife Service.  
“This is an important ruling,” said Bob Sallinger of the Audubon Society of Portland. “It ensures not only that the existing timber sale suspensions will stay in place until this case is resolved, but also prevents any additional sales in key murrelet areas." 
Oregon recently abandoned its decade-long attempt to develop habitat conservation plans for the Clatsop, Tillamook and Elliott state forests that would have given the state a federal permit for limited impacts to marbled murrelets in exchange for habitat protection measures designed to enhance the bird's conservation. Instead, the State drastically increased the cut on all three forests.
“Logging the last remaining mature and old-growth forests and driving the marbled murrelet ever closer to extinction is plainly out of step with the values of Oregonians,” said Noah Greenwald, endangered species director at the Center for Biological Diversity. “I’m thrilled the court has seen the threat posed to these unique seabirds and granted them a reprieve.”
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.

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

Marbled murrelet (USFWS)

For immediate release
July 2, 2012
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.
A copy of the preliminary injunction memo and motion can be found here, and more case background can be found here.



Cascadia Wildlands Legal Director on TV Talking Wolf Pups


June 14, 2102
By Lauren Mickler KEZI
EUGENE, Ore. — The Cascadia Wildlands organization credits its lawsuit with helping Oregon's wolf population grow.
The Oregon Department of Fish and Wildlife had issued a kill order on this particular wolf pack after it attacked cattle. But Cascadia Wildlands filed a lawsuit to stop the killing of wolves here.
Now the pack has four new pups.
"The kill order that the state had would have left the alpha female and just one pup to survive the winter together–and that was patchy at best. But because of our lawsuit, the pack was able to stay in tact, and they have four brand new wolf pups," said Cascadia Wildlands Legal Director Nick Cady.
Cascadia Wildlands is still waiting for a judgment on its lawsuit.
Visit here to watch video



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