Court: BLM acted illegally to allow logging
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GRANTS PASS, Ore. — A federal appeals court blocked two old-growth
timber sales in southwestern Oregon on Monday after finding the U.S.
Bureau of Land Management (BLM) illegally downgraded protections for
the red tree vole to make them possible.
A three-judge panel of the 9th U.S. Circuit Court of Appeals in San
Francisco found that the BLM failed to conduct a public review before
changing the classification of the red tree vole, a small rodent that
lives in the treetops of old-growth forests, under the "survey and
manage" provisions of the Northwest Forest Plan.
"If BLM can modify the protection afforded a species under a resource
management plan as dramatically as it has here ... BLM could ultimately
remove all the Survey and Manage designations without ever conducting
another (environmental assessment) or (environmental impact statement),
and without providing public disclosure," Judge Dorothy Nelson wrote.
The Northwest Forest Plan cut timber harvests on federal lands west of
the Cascade Range in Oregon, Washington and Northern California by more
than 80 percent to protect habitat for the threatened northern spotted
owl, salmon and hundreds of other species. BLM has been much more
aggressive than the U.S. Forest Service in trying to reach the
timber-harvest goals, which have never been met.
BLM Oregon spokeswoman Jody Weil said the agency had not evaluated the
ruling yet but intended to comply with it in a way that would keep its
commitment to offer timber for sale.
The "survey and manage" provisions require BLM and the Forest Service
to look for hundreds of species before cutting old-growth forests and
protect enough habitat to maintain the species. At the behest of the
timber industry, the Bush administration eased the provisions in 2004,
but they were reinstated by a federal judge this year.
"By issuing internal memos that open up potentially thousands of acres
of old growth forests to logging, the Bush administration has been
playing fast and loose with public involvement," said Joseph Vaile,
campaign manager for the lead plaintiff, Klamath-Siskiyou Wildlands
Center in Ashland.
The U.S. Forest Service and BLM are rewriting the rules for "survey and
manage." The supplemental environmental impact statement is expected
next March.
"While [the ruling] is significant in the short term, it may be moot in
the long term, depending on what they do," said Chris West, vice
president of the American Forest Resource Council, which represents the
timber industry.
