2006 Accomplishments
Wolves Protected from Hunting
Scientists Free Speech Vindicated
Illegal Roadbuilding Stopped in Tongass National Forest
OldGrowth Forests Protected
Forest Service Drops Fire Appeal
New Policy Analyst
Wolves Protected from Hunting
The Frank ChurchRiver of No Return Wilderness is the largest wilderness area in the lower fortyeight 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 radiocollar and track the wolves.
The 1964 Wilderness Act and the 1980 Central Idaho Wilderness Act prohibit motorized transport into wilderness unless there is a lifeordeath 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 its request.
Scientists Free Speech Vindicated
Oregons 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 longstanding 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 Universitys 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, DWash., asked the Interior Departments inspector general to examine whether the BLM was punishing researchers for their findings, stating on the House floor on February 7, 2006,
Its 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 Waldens 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.
OldGrowth 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 oldgrowth 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 oldgrowth 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 oldgrowth pines are still alive, that they are healthy and thriving, and that the Forest Services 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 oldgrowth 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 Services 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 courts 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 FSEEEs 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, ShastaTrinity, 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 dieoff of trees.
- preparing comments for four states that have begun implementation of the new national OffHighway 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:
(541) 484-2692
P.O. Box 11615
Eugene, OR 97440