Save the Elliott Rainforest

Aug07

Deep Thoughts with Cascadia’s Summer Interns

Cascadia Raft Trip

Corinne Milinovich and Kristen Sabo, 2017 Summer Legal Interns

The 2017 Cascadia Wildlands summer was filled with countless Oregon adventures, great conversations, and monumental educational growth for us both. We had the privilege of drafting complaints and settlement memos, executing public information requests, drafting litigation memos, refining our legal research skills, drafting a northern spotted owl uplisting petition, and sitting in on settlement meetings and objection resolution meetings with government agencies. 

We were lucky enough to table for Cascadia Wildlands at multiple Oregon events, including the Northwest String Summit bluegrass festival outside of Portland and the Oregon Country Fair. We connected with new and old Cascadia Wildlands supporters, discussed the LNG pipeline, wolf populations in Oregon, and the Elliott State Forest victory.

Overall the summer was a huge success, and there were many highlights for both of us. In particular, the settlement meetings and legal drafting stood out. It was such a privilege to be at the table during the settlement meetings. Those experiences are truly invaluable and instrumental to our growth and understanding of the environmental legal world.

Throughout the summer, Nick gave us the opportunity to experience the Cascadia Wildlands litigation process on multiple levels and see full circle how an environmental lawsuit is successfully executed. As up-and-coming environmental lawyers, this summer internship has shaped our future, reinforcing our chosen career paths.
Our summer legal internship with Cascadia Wildlands allowed us to be present for tangible environmental victories, including but not limited to: saving the Elliott State Forest, preventing old-growth timber from being cut, preserving endangered species habitat and the passing of a suction dredge reform bill that prohibited suction dredging in essential salmonid habitat.

These victories, conversations with Cascadia supporters, and our expanded knowledge of the environmental legal world will guide us into our next year of law school. It was truly an honor to be a part of the Cascadia Wildlands family, this summer was an invaluable experience. A big thank you to Nick, Josh, Gabe, Kaley, Luke, and the Cascadia Wildlands community for an unforgettable summer!

Jul03

Press Release: Lawmakers Advance $100 Million in State Bonding Revenue to Keep the Elliott State Forest Public

For immediate release
July 3, 2017
Contact: Josh Laughlin, Cascadia Wildlands, 541-844-8182
 
On July 3 during a work session in Salem, the Capital Construction Subcommittee of the Joint Ways and Means Committee unanimously advanced $100 million in state bonding revenue to protect the 82,500-Elliott State Forest and keep it from being privatized. The vote followed a May 9 State Land Board meeting, where Governor Kate Brown, Treasurer Tobias Read, and Secretary of State Dennis Richardson voted 3-0 to keep the Elliott in public ownership through the use of state bonding capacity and the development of a Habitat Conservation Plan for the Coast Range forest. The full Ways and Means Committee is expected to pass the bill any day.
 
In 2016, the Elliott State Forest became threatened with privatization after a timber firm made a bid to purchase it from the State Land Board. Tens of thousands of Oregonians weighed in and opposed the privatization proposal, recognizing it would mean reduced public access and an increase in older forest clearcutting. It would have also set a dangerous precedent nationwide for other “underperforming” public lands.
 
The Elliott State Forest, located just east of Coos Bay, is a stronghold for imperiled Oregon Coast coho salmon and marbled murrelet, a seabird that flys inland to nest in the Coast Range’s remaining older forests. The Elliott, created in 1930 by Governor Oswald West and Oregon’s first State Forester Francis Elliott, is also a recreation hub for hunters, anglers and backcountry enthusiasts who value their public lands.
 
Statements from Josh Laughlin, Cascadia Wildlands’ Executive Director, on today’s vote:
 
"The fireworks and celebration started early this year. The outcome of today’s vote is a testament to the will of Oregonians who spoke loud and clear about the importance of keeping the Elliott State Forest in public ownership."
 
"This solution wouldn’t have happened without the leadership of Governor Kate Brown. Because of her vision, and the strong desire of Oregonians, the Elliott State Forest will stay in public ownership for its incredible values, and future generations of Oregonians will be forever grateful."
 
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May09

Battle for the Elliott State Forest Won! Land Board Votes to Keep Forest Public!

For immediate release

May 9, 2017

Contact: Josh Laughlin, Executive Director, 541.844.8182

 

State Land Board Votes Unanimously to Ditch Elliott State Forest Privatization Proposal, Advance Public Ownership Solution

In a 3-0 vote today, the Oregon State Land Board, made up of Governor Kate Brown, Treasurer Tobias Read and Secretary of State Dennis Richardson, terminated the protocol that led to the timber industry proposal to privatize the 82,500-acre Elliott State Forest in the Oregon Coast Range. 

The Land Board also voted to advance a proposal to keep Oregon’s first state forest in public ownership, which would require legislating $100 million in bonding revenue to decouple environmentally sensitive areas of the Elliott from the Common School Fund. The public ownership plan would also require the completion of a multi-species Habitat Conservation Plan for the remainder of the forest, which would outline forest management activity and endangered species protections. 

Today’s decision came after intense public opposition to the Elliott State Forest privatization proposal over the past few years, which would have led to restricted public access, old-growth forest clearcutting, and reduced stream-side protections for wild salmon.

Here are statements from Josh Laughlin, Cascadia Wildlands Executive Director, who attended and testified at today’s hearing:

“There has been a tidal wave of Oregonian support to keep the Elliott public that couldn’t be held back. The Land Board’s decisive action today was visionary, and we look forward to working in the months ahead to create a lasting forest plan that benefits clean water, imperiled salmon and wildlife habitat, and future generations of Oregonians.”

"At a time when there is tremendous nationwide pressure to privatize public lands, today’s Land Board vote to keep the Elliott State Forest public shows incredible leadership and foresight. This decision will be remembered decades down the road as one that deeply benefitted clean water, wild salmon, old-growth forests and school kids."

"Today’s vote is a reminder that we no longer need to choose between supporting school children or our environment. We can have both, and we are going to build off the momentum to ensure lasting environmental protections are built into the Elliott State Forest plan.” 

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May04

Press Release: Conservation Organizations Enthusiastic about Governor’s Plan for the Elliott

For Immediate Release
May 4, 2017
Contacts:
 
Josh Laughlin, Cascadia Wildlands, (541) 844-8182
Doug Moore, Oregon League of Conservation Voters, (503) 729-5175
 
Salem, OR – The Oregon Conservation Network (OCN) is pleased to see the plan released today from the Governor’s office regarding the Elliott State Forest. As a coalition, we care deeply about Oregon’s wildlands, and believe the state has an obligation to protect and enhance our vast forests, wildlife, and habitats. This is why the issue of the Elliott State Forest is such an important one to our members.
 
As Oregon’s first state forest, the Elliott has become a symbol of both our enduring commitment to public lands, and the need to decouple our treasured wild spaces from the Common School Fund. There has been and will continue to be ongoing conflict between the need to preserve our environmental legacy and the need to fully fund our schools unless we take action now to create an alternative to the current system.
 
“The Elliott is an incredible stronghold for wild salmon, imperiled wildlife, clean water, and carbon storage. It is a place where recreational values can be realized, and it is symbolic of the larger battle at the federal level to privatize public places,” said Doug Moore, executive director of the Oregon League of Conservation Voters.
 
Governor Brown has shown incredible leadership and vision, and we applaud her plan released today as further demonstration of her commitment to keeping public lands in public hands.  We look forward to continuing to work with the Governor and the rest of the Land Board to enact a lasting plan for the Elliott that has conservation safeguards that Oregonians so desire.
 
"At a time when there are intense interests nationally to privatize public lands, we are deeply grateful for the Governor’s vision and leadership to keep the Elliott State Forest public," says Josh Laughlin with Cascadia Wildlands. "This approach will ensure Oregonians can continue to access its great outdoors and that the Elliott's salmon and wildlife habitat are safeguarded into the future."
 
We believe the plan for the state to use bonding revenue to ensure this decoupling fulfills the state’s fiduciary responsibilities while retaining the Elliott as a place of pride for this state and local communities.
 
Funding for children's education does not require cutting down forests. The plan released today by the Governor's office is an innovative approach to maintaining our commitment as a state to both education and the environment. We believe the Elliott can be a source of sustainable income for Oregon’s schools – if it is responsibly managed.
 
We look forward to seeing the Governor’s vision for the Elliott come to fruition. This historic and unique place can be a place where business interests, the public, and the tribes can come together to use the land responsibly; providing a model for other common school fund lands.
 
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Feb15

Conservation Groups Decry Vote by State Treasurer, Secretary of State to Sell Elliott State Forest

FOR IMMEDIATE RELEASE 
Contact:
Bob Sallinger, 503.380.9728 or bsallinger@audubonportland.org 
Josh Laughlin, 541.844.8182 or jlaughlin@cascwild.org 
Doug Moore, 503.729.5175 or dmoore@olcv.org 
 
Conservation groups decry vote by State Treasurer,
Secretary of State to Sell Elliott State Forest 
Governor puts forward solid plan to keep 83,000-acre forest public.
 
Salem, Oregon—February 15, 2017 – A broad coalition of conservation, hunting, and fishing groups across Oregon decried a state land board vote pushing the Elliott State Forest to brink of privatization yesterday. 
 
Democratic State Treasurer Tobias Read and Republican Secretary of State Dennis Richardson both voted to continue with the sale of the forest to a timber firm, Lone Rock Resources. 
 
Governor Kate Brown opposed the sale and promoted a framework to keep the forest in public ownership, saying, “It's in the best interest of Oregonians that the forest stays in public hands for future generations.” 
 
The conservation community has been working on several proposals that fit within Governor Brown’s vision to keep the land publicly accessible, protect older forests and critical salmon and wildlife habitat, safeguard streams and incorporate tribal ownership, while fulfilling the state’s obligation to fund public schools. 
 
As the sale negotiations continue, Governor Brown directed the Department of State Lands to continue to explore options to keep the land public. That direction leaves open the possibility that Oregon Legislature and other parties can craft a viable public option. 
 
Earlier in the meeting, Senate President Peter Courtney expressed his personal support for public ownership, pledging his help in the current session to secure bonding for the proposal. 
 
Said Doug Moore, “We thank the Governor for continuing to work on a proposal that meets the many important public interests in this forest. What’s disappointing is the lack of vision from Treasurer Read and Secretary of State Richardson in failing to help her craft a long term solution that Oregonians will be proud of.” 
 
Treasurer Read motioned to amend the Lone Rock proposal with modest conservation and recreation provisions. These are unlikely to meet the broad conservation and public access goals outlined by the Governor and the conservation community. 
 
"On the anniversary of the State’s birth, we should be honoring Oregon and all the values public lands offer Oregonians," said Josh Laughlin with Cascadia Wildlands. "Instead, Treasurer Read and Secretary Richardson voted to privatize the Elliott State Forest, which means more clear cuts, muddy water and locked gates in our great state." 
 
"Public lands are under unprecedented attack across Oregon and the rest of the country. At a time when we need our public officials to stand up for public lands, Governor Brown is stepping up and Treasurer Read appears to be stepping aside," said Bob Sallinger, Conservation Director with the Audubon Society of Portland. 
 
The Lone Rock proposal to protect streams has standards far below the protections under the current Elliott State Forest plan. Meanwhile, thousands of acres of 100-year-old forest will be open to clearcutting. 
 
“Our coastal salmon runs depend on public lands, and this sale sets a terrible precedent for other public lands in Oregon and across the West,” said Bob Van Dyk, Oregon and California policy director at the Wild Salmon Center.
 
Conservation groups will now turn to the legislature and other stakeholders to advance a public ownership option. The next State Land Board meeting will be April 11th. 
 
Josh Laughlin, Cascadia Wildlands 
Doug Moore, Oregon League of Conservation Voters 
Tom Wolf, Oregon Council Trout Unlimited 
Bob Van Dyk, Wild Salmon Center 
Bob Sallinger, Portland Audubon 
Cameron La Follette, Oregon Coast Alliance 
Max Beeken, Coast Range Forest Watch 
Noah Greenwald, Center for Biological Diversity 
Feb13

Response to Governor Brown’s Plan for the Elliott State Forest

Just days before the quarterly meeting of the State Land Board, Governor Brown released a framework for her plan for the Elliott State Forest. Though not an action item on the agenda for the Tuesday, February 14, 2017 Land Board meeting, the Board is set to hear an update on the potential sale of the forest from the Department of State Lands. The DSL staff report on the issue again asks the Board for direction on whether and how to proceed with privatizing the Elliott State Forest as described in a proposal submitted by Lone Rock Timber in December 2016. 

61316-6937-copy-2The Governor's plan would (1) keep the Elliott State Forest in public ownership, with either the state or tribes owning the land; (2) pursue $100 million in bonding to "immediately decouple a portion of the forest from Common School Fund trust lands," focusing on high value habitat, including riparian areas, steep slopes, and old growth stands; (3) pursue a Habitat Conservation Plan (HCP) with the Federal Services "that would allow for sustainable timber harvest while protecting endangered species," expecting to harvest an average of about 20 million board feet per year; and (4) "work with the tribes to regain ownership of their ancestral lands while protecting the Common School Fund."

Cascadia Wildlands is encourged by the Governor's leadership toward finding a lasting solution for the Elliott State Forest that maintains the forest in public ownership. There are still a number of details that need to be worked out and elaborated on, and we look forward to continuing to work toward a solution that safeguards all the public values of the forest, including protecting old growth and mature stands, wildlife habitat, clean air and water, and recreation. 

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.
 
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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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.
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