2007 Accomplishments

Thank you for your generosity to FSEEE! Your support helped us achieve the victories listed below.

OLD-GROWTH FOREST SAVED ON THE SIX RIVERS NATIONAL FOREST

FSEEE has been closely monitoring the timber sale programs of National Forests in northern California, including the Six Rivers, Mendocino, Klamath and Shasta-Trinity National Forests. These forests, managed under the Northwest Forest Plan, comprise the southern extent of the range of the northern spotted owl, whose population continues to decline precipitously as a result of habitat loss. All of these forests’ timber sale programs received a 30% boost in funding from the Bush administration to get the cut out in 2007.

One of the most environmentally destructive timber sales being planned by these forests was the Little Doe–Low Gulch timber sale on the Six Rivers National Forest. The Forest Service’s “preferred alternative” included 500 acres of clear-cut logging in old-growth forest, prime spotted owl habitat. On January 5, 2007, FSEEE filed an administrative appeal which argued, among other things, that the Forest Service had failed to perform surveys for owls and didn’t know how many owl breeding pairs would be affected by logging.

In their Record of Decision released September 5, 2007, the Forest Service dropped all clear-cutting from the project.

TOXIC MINING HALTED ON THE SUPERIOR NATIONAL FOREST

In January, FSEEE won a big victory for the north woods by challenging the Forest Service’s decision to let large mining companies search for valuable minerals in Minnesota’s Superior National Forest. The mining could have negatively impacted the Boundary Waters Canoe Area Wilderness.

The Superior National Forest lies atop the Duluth Complex, a large reservoir of copper, nickel, platinum, palladium, and titanium. Development of the area hasn’t been feasible until recently due to technological and economic issues. But new technology and very high commodity prices mean that the resource can be effectively exploited—and the Forest Service is trying to authorize dozens of new mining operations.

This type of hard rock mining can create enormous environmental impacts, including miles-long tailing ponds of toxic pollution. The Forest Service, however, did not conduct any environmental analysis of the long-term impacts of allowing mineral exploration in this world-class public wilderness area.

FSEEE filed an appeal stating that the Forest Service needed to prepare a broad scale environmental analysis of the long-term impacts of mining. The Forest Service initially denied our claim, asserting that we had no right to appeal decisions when no environmental analysis was involved. Then on January 3, 2007, they abruptly withdrew plans for the toxic mineral exploration and initiated the environmental analysis that FSEEE requested.

GRAZING PERMIT WITHDRAWN IN THE MARBLE MOUNTAIN WILDERNESS OF THE KLAMATH NATIONAL FOREST

Livestock grazing on National Forests, perhaps even more than logging and roadbuilding, has profoundly altered native ecosystems. Amazingly, the practice of allowing private ranchers to run cattle at little or no cost on public lands has almost entirely avoided environmental scrutiny.

Since the late 1990s, the Forest Service has been exempt from preparing environmental analyses of grazing allotments. Hundreds of thousands of acres of range are open to cattle, with no consideration for impacts to soil, streams or other wildlife. To make matters worse, in 2004 Congress passed a rider on an appropriations bill that allowed cattle grazing plans to be “categorically excluded” from environmental analysis.

The Forest Service is not exempt, however, from following the requirements of the Endangered Species Act, which protects endangered species like the bull trout and the gray wolf from the impacts of grazing allotments.

The Forest Service is currently in the process of reauthorizing hundreds of permits to graze cattle on National Forests all over the country. FSEEE filed an appeal challenging grazing that runs afoul of other laws that Congress has passed, including grazing in Congressionally designated wilderness.

In addition to challenging grazing in public forests on a national level, FSEEE has been busy this year challenging individual grazing allotments. Specifically, we filed comments on three different grazing allotments on the Caribou-Targhee National Forest, one allotment on the Helena National Forest, one allotment on the Malheur National Forest, one appeal of an allotment on the Wallowa- Whitman National Forest, one appeal on the Caribou-Targhee National Forest, one appeal on the Bridger-Teton National Forest, and six appeals on the Marble Mountain Wilderness of the Klamath National Forest.

In response, so far the Forest Service has withdrawn the grazing permit for the Kidder allotment on the Klamath National Forest. And we expect to hear similar results on many of the other appeals we filed. FSEEE will continue to work to ensure that your National Forests are not used for private grazing at the expense of native wildlife.

SECURE RURAL SCHOOLS ACT EXTENDED

For almost 100 years the fate of federal forests has been inextricably tied to local county government budgets. Under a 1907 law, from each dollar paid by timber companies for national forest timber, the local county where the logging occurs receives 25 cents. In Pacific Coast states, especially Oregon, the money added up fast. County governments became the most significant political force behind maintaining unsustainable logging levels on federal lands.

With the increased protection granted to ancient forests for wildlife and water quality protection in the early 1990s, county governments faced a potentially calamitous budget crisis. Congress, with FSEEE’s support, has stepped in with a series of spending bills to maintain county revenues near their historic levels. The 7-year Secure Rural Schools and Community Self-Determination Act was the most important of these bills. But it expired last year, leaving counties in the lurch once again.

FSEEE staff worked with members of Congress to have the law renewed. And FSEEE members helped clinch the deal by calling their senators and representatives. As a result, Congress has extended that law for one additional year.

There are also positive signs that a multi-year measure that more equitably distributes federal payments among counties will gain passage this year. FSEEE supports both measures as important to the protection of federal forests, especially irreplaceable ancient forests. We will continue working to ensure that ancient forests are not threatened by county governments that cannot tax federal land.

COLLABORATIVE PROGRAM ESTABLISHED

Fulfilling our mission to forge an ecological value system for the Forest Service has meant aggressive litigation and advocacy in recent years—often on behalf of Forest Service whistleblowers. We remain committed to doing what is necessary to protect the old-growth forests, roadless areas, and pristine streams and rivers that are the hallmarks of the national forest system.

At the same time, FSEEE has launched an innovative new program that attempts to build partnerships between activists, agency leaders and traditionally hostile interest groups like the timber industry. We hope to fulfill our organization’s mission through collaboration, not just conflict.

FSEEE has a long history working on the Malheur National Forest in eastern Oregon. The Malheur is big—about 1.7 million acres. Its diverse and beautiful scenery is typical of the inner-Columbia basin and includes high desert grasslands, sage and juniper, old growth ponderosa pines, alpine lakes and jagged mountain peaks.

The Malheur is a flagship forest, one of those forests that the Forest Service looks to provide the bulk of timber and grazing range for a region, and whose methods are copied throughout the country. For decades, the Malheur has come through, cutting hundreds of thousands of acres of old- growth ponderosa pine and providing range for thousands of cattle. On that front, last year FSEEE stopped the Malheur’s High Roberts timber sale and saved old growth.

As part of our new collaborative program, we invited a group of diverse stakeholders on the Malheur, including agency personnel, conservationists, rural community leaders, mill owners, ranchers and county commissioners to meet and try and establish some common ground about the future of land management in the area. After several positive conversations we formed a group that would work together to implement land management projects that all sides can agree on.

Our first project is working with the Forest Service on restoration forestry in the Dad’s Creek watershed. Dad’s Creek was the site of some of the first logging in the area, where tens of thousands of acres were clear-cut by railroad logging methods in the 1920s. The soils and streams were severely damaged and the widely spaced low elevation old-growth ponderosa pine forest has been replaced by a dense forest of much younger pines and firs.

The Forest Service is currently working on an environmental assessment of this project, and project implementation, overseen by our collaborative group, is slated to begin by the end of this year. Income from the sale of some of the commercially merchantable small diameter timber that will result from this sale will be used for stream restoration and road closure projects.

Your support has allowed us to: (1) Build bridges between conservationists and traditionally hostile stakeholders that can be leveraged into future collaboration on difficult environmental challenges, including grazing, and climate change driven forest disturbance; (2) Create models for collaborative resource management that work and that can be used on other forests; and (3) Create visibility for conservation opportunities among Forest Service employees and recruiting new members and supporters.

Over the next several years, FSEEE will continue this outreach to a broad spectrum of stakeholders. We will recruit participants to a collaborative working group, and work closely with Forest Service staff to identify land management projects—such as small diameter thinning—that can achieve ecological objectives while producing wood products for local industry. We will build support for these sorts of projects in stakeholder meetings and sponsor educational forums, create educational materials and publicize collaborative work. Our goal is for the Malheur National Forest to become a flagship forest for the land ethic that will change the way the Forest Service conducts business in the 21st Century.

2006 Accomplishments

Wolves Protected from Hunting

The Frank Church–River of No Return Wilderness is the largest wilderness area in the lower forty–eight states. It represents the ideal of untrammeled wilderness and is a stronghold for the gray wolf.

Idaho was hoping to institute a small but lucrative wolf hunt, and wanted to gather population data to support that goal. To do so, Idaho petitioned the Forest Service to land helicopters in remote areas of the wilderness in order to radio–collar and track the wolves.

The 1964 Wilderness Act and the 1980 Central Idaho Wilderness Act prohibit motorized transport into wilderness unless there is a life–or–death situation. Clearly, wolf collaring and hunting are not valid exceptions to those laws.

FSEEE worked with the Regional Forester to stop the wilderness invasion and proposed hunt. In January, Idaho withdrew it’s request.

Scientists’ Free Speech Vindicated

Oregon’s Biscuit forest fire was not only the largest in recent memory, it is the most studied. In January, Oregon State University researchers published results in the journal Science that challenge the notion that salvage logging is necessary to restore burned forests. The scientists’ data showed just the opposite. There were 70% fewer seedlings in the salvage logged forest versus the unlogged forest. Logging also increased flammable fuels on the forest floor.  

The study would have received little notice, but for efforts to censor it. First, several foresters with long–standing ties to the timber industry asked Science not to publish the study, arguing that the peer review had been faulty. Science editors refused. Email messages revealed that the Forest Service helped instigate the attack against the independent scientists, together with the dean of Oregon State University’s College of Forestry and several professors with financial ties to the timber industry. Next, the Bureau of Land Management (BLM) suspended funding for the study, arguing that the research constituted “impermissible lobbying.”  

FSEEE came to the defense of the university scientists. Our efforts paid off with media coverage of the censorship and communications with key members of Congress. Rep. Jay Inslee, D–Wash., asked the Interior Department’s inspector general to examine whether the BLM was punishing researchers for their findings, stating on the House floor on February 7, 2006,

“It’s very apparent to most neutral observers that under this administration in a variety of ways that the scientific process has been corrupted by political influence. It goes back to Galileo being punished for his views.”

Facing a congressional inquiry and a barrage of negative publicity, BLM restored the scientists’ funding. As a result of this inquiry as well as FSEEE member calls to their senators, Congressman Greg Walden’s salvage legislation now faces a steep uphill battle in Congress. 

Illegal Roadbuilding Stopped in Tongass National Forest

On May 26, 2006, a federal judge ordered the Forest Service to stop working on two disputed logging roads in the Southeast portion of the Tongass National Forest.

The court sided with FSEEE and Glen Ith, a Forest Service biologist, who sued the Forest Service for violations of the National Environmental Policy Act (NEPA). The case asserts that logging roads should not be built without a public environmental review and that the Forest Service is trying to promote logging by circumventing NEPA.

While the injunction remains in place, we are moving forward with the case in order to set the precedent that the Forest Service cannot rebuild old logging roads on the Tongass without notifying and involving the public and without considering the overall impacts of the reconstruction and planned timber sales in the same area.

On October 6, 2006, we filed a Motion for Summary Judgment in the hopes that we can obtain a strong court decision that will make it clear to the Tongass National Forest that it cannot continue its current practices. The Forest Service filed its response on October 27, 2006, and oddly enough, admitted that its illegal roadbuilding activities were related to pending timber sales and that the proper relief would be a permanent injunction preventing further road maintenance or reconstruction.  

Old–Growth Forests Protected

For the past two years, FSEEE has been working with two whistleblowers on the Malheur National Forest in eastern Oregon to halt logging of old–growth ponderosa pines on the edge of the Strawberry Mountain Wilderness Area. A fire burned through the area in the summer of 2002, and the Forest Service decided to salvage log. The largest and most valuable trees in the area were the old–growth ponderosa pine trees unharmed by the fire, while the trees that were actually killed by the fire were mostly saplings and species with little commercial value.

In order to log these valuable trees, the Forest Service needed to figure out a way to get around a rule that protects all live ponderosa pines in eastern Oregon and Washington greater than 21 inches in diameter. So the Forest Service created a new set of guidelines under which nearly all of the pine trees were marked as “dying.”

When the Forest Service finally got around to begin cutting the trees two years later, they were still green, healthy and growing. With the help of two whistleblowers, we filed suit, and won a preliminary injunction that prevented the trees from being cut.

On March 23, 2006, the judge decided to hold off ruling on the more complicated issues surrounding whether the trees were in fact dying, and ordered the Forest Service to process an administrative appeal from FSEEE.

On May 18, 2006, FSEEE supplemented the existing administrative record with an extensive appeal, based on the work of our whistleblowers and an expert tree physiologist, Dr. Richard Waring. The research documented that the old–growth pines are still alive, that they are healthy and thriving, and that the Forest Service’s guidelines have serious statistical and scientific flaws.

In response to our analysis, the Forest Service withdrew the High Roberts timber sale on August 24, 2006. Hundreds of acres of healthy old–growth ponderosa pine trees are now safe from being logged.

Forest Service Drops Fire Appeal

For decades, the Forest Service has used toxic chemical fire retardant while fighting wildfires on National Forests. The agency uses millions of gallons of these chemicals every year, which has resulted in major fish kills. Despite its widespread use, the Forest Service has never assessed the environmental effects of the retardant in an environmental impact statement. FSEEE therefore filed suit in 2003 to force the Forest Service to comply with the National Environmental Policy Act (NEPA) and the Endangered Species Act concerning its use of retardant.

In September, 2005, Judge Molloy of the federal district court in Montana agreed with FSEEE that the Forest Service’s decision not to analyze its annual dumping of chemical fire retardant on National Forests was unreasonable. The court also agreed that the Forest Service is required to consult with the United States Fish and Wildlife Service concerning its use of retardant on threatened and endangered species.

Although the court ordered the agency to comply with NEPA and the Endangered Species Act, no deadline was imposed. In response, FSEEE requested a reasonable compliance schedule, suggesting that 13 months should be sufficient for the Forest Service to prepare the required environmental impact statement. The Forest Service responded that any compliance schedule was inappropriate, and that even if one was imposed it should allow the agency 30 months.

The court agreed with FSEEE that the Forest Service should be held to a schedule and on February 8, 2006, ordered the Forest Service to prepare the required NEPA analysis within 18 months. On September 29, 2006, the Forest Service voluntarily dismissed the appeal it had filed, thereby capitulating to the court’s ruling that the Forest Service must analyze the effects of the toxic retardant.

New Policy Analyst

FSEEE has a new staff member, James Johnston. James has more than ten years of experience working to protect public lands. A graduate of the University of Oregon, he founded Cascadia Wildlands Project, a conservation group dedicated to the protection of endangered ecosystems in Washington, Oregon and Alaska. In the last decade he has worked on the comment, appeal and litigation phases of more than 300 public land projects in twelve states.

As FSEEE’s Policy Analyst, James is working on a number of projects. To name a few, he is:

  • preparing scientific challenges to biological opinions that adversely impact spotted owl habitat in the Rogue, Siskiyou, Umpqua and Klamath National Forests.

  • working to highlight ecologically responsible thinning operations by reviewing and commenting on environmental assessments and impact statements for the Deschutes, Malheur, Six Rivers, Shasta–Trinity, Klamath and Medocino National Forests, and

  • monitoring U.S. Forest Service plans to clearcut aspen groves throughout the San Juan National Forest in response to a mysterious die–off of trees.

  • preparing comments for four states that have begun implementation of the new national Off–Highway Vehicle Rule, to ensure that areas in which OHV use is allowed are properly designated and mapped.

Questions? Comments?

Member support helps FSEEE meet the ongoing challenges to the current and long-term health of our public lands. Thank you! If you have any questions or comments about our victories or ongoing projects, feel free to call, write or email us at: