PRC Wins Preliminary Victory in Case Against State Forester

PRC has won an important preliminary victory in our efforts to improve state forest practice policies in Oregon. Our lawsuit, PRC v. Brown, seeks to stop the state forester from authorizing specific types of logging that harms or "takes" coho salmon, as specified under the Endangered Species Act. These practices include (1) clearcut logging on high-risk landslide-prone sites; (2) logging near small and medium fish-bearing streams with only the minimal 20-foot no-cut buffers currently required; and (3) logging without any no-cut buffers on small streams that feed into salmon habitat.

After we filed the suit last year, the state and members of the timber industry moved to dismiss our case on five separate grounds, and a hearing was held in October. On December 23rd, federal district court Judge Anna Brown issued an opinion soundly rejecting each and every argument presented by the state and industry lawyers. Judge Brown's opinion and several news articles on the case can be accessed through the links below. This decision validates not only our theory of the case, but also the high caliber of our legal counsel -- Patti Goldman and the entire Earthjustice team.

In sum, the court agreed with our basic theory that the State Forester can be held liable for violating the ESA based on his approval of logging that causes take of coho salmon. This is a huge achievement. The state of Washington, and other states, has already conceded this theory, which was the prime motivator for strengthening their forest practices policies. It is possible that this ruling alone, even before a ruling on our specific factual claims, will move Oregon to make strong policy changes in the short term. It is also important to note that this ruling clarifies the need for states to avoid violating the ESA's prohibition on take in all regulatory approvals for known fish-harming practices, not just logging approvals. Other implicated state actions include instream mining and dredge and fill permits.

The Department of Forestry may still appeal Judge Browns ruling, but early indications are that an appeal is unlikely. The judge can now focus on our pending motion for a preliminary injunction to halt clearcut logging on high risk sites where ensuing landslides would adversely impact coho streams. Clearcuts increase the risk of landslides by 100% to 1800%. The resulting sediment and debris kill wild coho salmon eggs -- a clear violation of the Endangered Species Act. Our motion, which will be argued in early February, describes specific criteria for the types of locations we are concerned about and names specific examples of sites already cut that meet these criteria. We will demonstrate that the forest practices we are targeting pose a significant risk of harm to coho salmon. Our claim is strongly supported by credible expert testimony and published scientific literature, most of which has not been contravened by opposing evidence.