Photo by Ellen Miller

Tuesday, March 26, 2013

Enviro Lawsuit May lead to sale of State Forest


Oregon’s State Treasurer Ted Wheeler is troubled that he is not meeting the financial responsibility of managing one of the most valuable assets of the Common School Fund. Wheeler, along with Governor John Kitzhaber and Secretary of State Kate Brown are charged with overseeing the 95,000-acre Elliott State Forest in Southwestern Oregon.

Cascadia Wildlands has filed an Endangered Species Act lawsuit challenging the ESF’s plan for protection of the marble murrelet, a seabird that spends most of it’s life at the ocean. This has led to the cancellation of most of the timber sales from the ESF.

State Land Board (Kitzhaber, Wheeler and Brown) staff told a legislative budget committee on March 21st that timber revenues from the Elliott State Forest have dropped from $11 million in Fiscal Year 2012 to $2.5-3.0 million for the first six months of Fiscal Year 2013.

The Common School Fund benefits all of the public schools in Oregon. As trustees for the CSF, the State Land Board has a legal responsibility to return revenue to the CSF. The current lawsuit does not eliminate the responsibility to the CSF.

If a school district challenged the state for not meeting the trust’s financial duties, selling the ESF to a private forest landowner might be the only option available.

In other words, should Cascadia Wildlands continue with their suit, they might find that the Elliott State Forest will be sold to a private forest landowner in order to return revenue to the Common School Fund.

Thursday, March 21, 2013

Oregon loggers take down environmentalists in US Supreme Court

Oregon loggers take down environmentalists in US Supreme Court


Portland Business JournalMar 21, 2013, 6:47am PDT
Web editor-


Oregon's logging industry scored a victory when the U.S. Supreme Court ruled that Clean Water Act permits were not required on active logging roads.


The U.S. Supreme Court on a 7-to-1 vote Wednesday ruled that Oregon loggers will not have to obtain Clean Water Act permits on active logging roads.
The ruling upheld Oregon's existing rules governing stormwater discharges and delivered a victory to the state's logging industry, which, as the Oregonian reported, had claimed the permits would cause "regulatory chaos."
Timber companies and the state appealed an earlier 9th U.S. Circuit Court of Appeals requiring the permits.
The Portland-based Environmental Defense Center filed the original cases requesting additional regulation in 2006.
In its ruling the court stated that Oregon has "made an extensive effort to develop a set of best practices to manage stormwater runoff from logging roads. These practices include rules mandating filtration of stormwater runoff before it enters rivers and streams."

Wednesday, March 13, 2013

Blue Mountain timber: Top forester backs ambitious program of tree thinning and restoration

Blue Mountain timber: Top forester backs ambitious program of tree thinning and restoration


By Richard Cockle, The Oregonian 
on March 12, 2013 at 8:42 PM, updated March 12, 2013 at 8:45 PM
Email
blue-mountains-woodland.JPGView full sizeA group of foresters and academics examines an overgrown woodland in the Blue Mountains northeast of Pendleton in August 2012. An ambitious reforestation program is being launched across the Blues, with timber harvests and thinning planned starting in summer 2014. 
LA GRANDE -- Trucks gathering logs for the Boise Cascade sawmill here roll out at 2 a.m. to begin their daylong, 480-mile round trips to the Mount Hood National Forest, Washington's Okanogan National Forest and other federal woodlands in Idaho.

"It is crazy to have to go that far for logs, totally," said Jim Princehouse of La Grande, who owns a fleet of 11 log trucks.

"This is a hard life," said Princehouse, 67. "It really is."

A staggering 800 million board feet of wood fiber annually reaches maturity in the nearby Wallowa-Whitman, Umatilla and Malheur national forests. Only 11 percent gets to sawmills, while 400 million board feet succumb to insects, disease, fire and age, said industry spokesman Tom Partin. He likened the mills' situation to "starving to death when you are standing beside the refrigerator."

That may soon change.

The top U.S. Forest Service official for Oregon and Washington, Kent Connaughton , has asked his foresters to plot out an ambitious, multiyear program of tree thinning and forest restoration in the Blue Mountains. Dubbed "accelerated restoration," the goal is to free more timber for mills while stiffening the woodlands' resistance to tree-killing insects, disease and wildfires.

It's not clear precisely how much lumber will become available under the plan to reduce fuel loads in forests, and funding is still being worked out. However, mill owners are hopeful, while criticism from conservationists so far is muted.

"It is a pretty high priority for us to get this thing going and be successful at it," said Bill Aney, U.S. Forest Service restoration coordinator for the Blue Mountains. "We can't afford to lose the mills. We can't afford to lose the forests."

Fire threat 

GS.41TIMB113-02.jpgView full size 
Policies designed to halt clear-cuts and restore habitat and wildlife have severely limited harvests in eastern Oregon's national forests for two decades, leaving more fuel for forest fires while costing jobs

The area encompassed by the Wallowa-Whitman, Umatilla and Malheur national forests has lost 17 mills and more than 1,200 sawmill jobs since 1990, said Lindsay Warness, a Boise Cascade forest policy analyst in La Grande.

Industry officials have long advocated for thinning of federal forests as a way to reduce fuel loads and keep mills running. As evidence that federal priorities are out of whack, Partin, who works for the Eugene-based American Forest Resource Council,noted that the federal government spent $3 billion fighting wildfires last yearbut only $350 million on forest management.

Leading forestry officials are beginning to agree, driven in part by concerns about climate change.  A recent independent Climate Central study suggested that a summertime temperature increase of 1.8 degrees Farenheit could trigger up to six times the annual burning that the Blue Mountains has experienced in the past two decades.

"That is the thing that really worries me," says Umatilla National Forest silvaculturalist Dave Powell of Pendleton. "We may be dealing with fires that we don't have any historical precedence for."


Add the tinderbox effect of two decades of forest fuel buildups, and some communities could be extremely vulnerable, Powell said.

About 57 percent of the Umatilla National Forest has "very high" stand densities, up from 46 percent  in 2001.
bill-aneyView full sizeBill Aney, the new U.S. Forest Service restoration coordinator for eastern Oregon'™s Blue Mountains. 
Many of the open, park-like expanses of Ponderosa pine that once characterized the Blue Mountains have disappeared, victims of a century of wildfire suppression and selective logging. According to Oregon State University extension agent Paul Oester of La Grande, fire-tolerant Ponderosas have been replaced by dense, unhealthy and explosively flammable stands of grand fir, Douglas fir and other tree species.

In those dense stands, Oester said, wildfires burn fast and hot, and "ladder fuels" -- underbrush, dry grass and low branches -- carry flames upward into the forest crowns.

Last best hope 

These concerns are what led Connaughton, lead federal forester for the Pacific Northwest, to support a program of accelerated restoration in the Ochoco, Malheur, Umatilla and Wallowa-Whitman forests.

Responding to questions about the plan by email, Connaughton said: "I've heard from collaboratives, scientists and public leaders and believe there is broad public support for actively managing our forests to be more resilient to the uncertainties of climate change, uncharacteristically destructive wildfires and inevitable disease outbreaks."

Aney, under Connaughton's direction, assumed leadership of the initiative last month. He intends to have a planning team in place by June, he said. It will lay out projects in concert with collaborative groups of citizens, government officials, environmentalists and others.
david-powell.JPGView full sizeDave Powell, a silvaculturalist on the Umatilla National Forest, worries that unnatural fuel buildups and predicted increases in summertime temperatures could trigger devastating wildfires in the dry forests of eastern Oregon'™s Blue Mountains. 
The roughly 50,000 acres thinned or logged annually within the four forests is probably less than 20 per cent of what's needed, Aney said.
"We need to at least double that" to stabilize forest health within 15 years, he said.

The plan Aney will execute calls for managing the Blues in blocks of several hundred thousand acres, instead of the current 30,000-acre planning units. Logging or thinning is likely on no more than 40 percent of each planning unit, Aney said. Individual projects will have to go through environmental reviews.
Work in the woods is expected to start in summer 2014.

Tom Towslee, spokesman for U.S. Sen. Ron Wyden, D-Ore., said some provisions of the new restoration process are based on an eastside forest plan floated by Wyden, now the chairman of the Senate Energy and Natural Resources Committee. The Forest Service "liked what was in the bill" and integrated it into its plans, said Towslee.

Accelerated restoration is likely to become the model for restoring Oregon's westside forests and the unhealthy, overstocked eastside woodlands of Washington state, said Aney and Towslee.

Some conservationists support the Forest Service plan, saying forest restoration is impossible without the region's remaining sawmills, loggers and log truck drivers.
When sawmills close for lack of logs, even temporarily, "you always wonder, are they going to reopen?" said Susan Jane Brown, staff attorney for the Western Environmental Law Center,  which has challenged federal timber sales in the past.

Veronica Warnock, conservation director for the La Grande-based Hells Canyon Preservation Council, was more guarded. She said forest restoration is necessary but should be avoided in places where science doesn't support it, such as stands of old growth or wildlife corridors.

The Blue Mountains "have some of the highest plant and animal diversity of any place in the United States," she said. "It's a treasure... something we have to protect and preserve."
Sean Stevens,  executive director of Oregon Wild,  said he wants more details. Stevens said the closer the projects adhere to Wyden's earlier eastside forest legislation, the happier he will be.

Timber executives are cautiously optimistic.

Bruce Daucsavage, of Prineville, president of Ochoco Lumber Co., said the company has been considering a month-long shutdown this spring for an Ochoco subsidiary that employs 90 workers in John Day. He said the accelerated restoration plan is his company's last, best hope.  

"There is a groundswell here that I have not seen in 25 years," he said. "I think everybody has come to the conclusion that this is it."

Monday, March 11, 2013

Who’s Money is it any way?


On March 8, 2013 the House Revenue Committee held a hearing on Tax Expenditures, Tax Credits and Tax Deductions.  Prior to public testimony the committee heard from legislators, including House Speaker Tina Kotek, D-Portland.

Two freshman legislators, Reps. Shemia Fagan, D-North Clackamas County and Ben Unger, D-Washington County, followed and started a lively discussion with Revenue Committee members Reps. Cliff Bentz, R-Ontario, Jason Conger, R-Bend, and Vicki Berger, R-Salem regarding tax policy and who’s money is it?  The citizens of Oregon or the State bureaucracy?

The new members are calling for a review of all tax expenditures, credits and deductions, saying it was a motivating factor in their decision to run for office.  They are concerned that tax expenditures are going to the wealthy and Corporations while schools could benefit from more money.

This money was considered lost revenue that could go to schools, social services or any number of worthwhile projects. Another freshman legislator said that Oregon was “entitled” to these funds.

Veteran committee members pointed out that elimination of a deduction or credit is the same thing as a tax increase. The mortgage interest deduction, the largest single tax expenditure, was cited as an example of a possible tax increase if that deduction is eliminated or limited.

The Revenue Committee hearing demonstrated that there will be more spirited discussions of tax expenditures and who’s money it is. 

Sunday, March 10, 2013

Bill would increase penalties for timber protests

Bill would increase penalties for timber protests

JEFF BARNARD
Associated Press
GRANTS PASS, Ore. (AP) -- A tree farmer serving in the Legislature wants to put tougher penalties on people who chain themselves to equipment and block roads to stop logging on state forests.
"There's been a 30-year reign of terror by these people having no respect for the rights of others," Rep. Wayne Krieger, R-Gold Beach, said Friday. "If they want to do civil disobedience, they can do that. It's part of the Oregon Constitution, and the federal. But when they go beyond that and start chaining themselves to trees, locking themselves to equipment, and laying down in the road, and in any way they impede access, then they have gone over the line."
His bill (HB 2995) would create a new felony charge of interference with state forestland management, punishable by up to five years in prison and a $25,000 fine. A companion bill (HB 2596) would allow loggers to sue protesters for lost income plus $10,000 up to six years after a protest.
House Judiciary Committee Chairman Jeff Barker, D-Aloha, said the criminal charge bill won't pass out of committee until it is rewritten to overcome constitutional problems with impairing people's right to protest.
"There seem to be some pretty clear constitutional violations in it," Barker said. "I asked him to try to rework that to make some sense out of it."
Barker added that as written, the bill may also violate the rights of unions to picket on a state road used by loggers.
Krieger, a former state trooper and former member of the Oregon Board of Forestry, cited protests against logging on the Elliott State Forest in 2011 as the latest example of anti-logging protests that stretch back to the 1980s, when people began protesting logging old growth forests on federal lands.
Since the 2011 protests, a judge has blocked logging in Elliott stands occupied by the marbled murrelet -- a threatened sea bird that nests in old growth forests -- while a challenge from conservation groups moves through court.
Grace Pettygrove of Eugene, who was fined a couple hundred dollars on a misdemeanor charge of trespassing from the Elliott protests, said people would not be deterred by increased penalties.
"I don't think that is what the criminal justice system is for, to punish people for standing up for what they believe in, especially when they are standing up for ecosystems in danger on public land," she said. "The fact that this is happening actually shows that these timber corporations are worried about the impact public awareness and public protest will have on their operations."
The Associated Oregon Loggers testified in favor of both bills.
"The contractors who get damaged by these kinds of activities are small family owned businesses that employ eight to 10 people," said associated President Jim Geisinger. "If they think they will bring Wall Street to their knees by hindering a small business to conduct their affairs, they are wrong."
Jason Gonzales of Friends of Oregon's Forests said the companion bill allowing loggers to sue protesters for damages was a further attempt to intimidate people. He said loggers already had the right to sue for damages, but such lawsuits had not had much success in court.
Copyright 2013 The Associated Press.

Sunday, March 3, 2013

Where is Tom McCall when we need him?


In 1971 Oregon Governor Tom McCall created an exactly right phrase that we ought to consider reviving for some recent settlers to our great state: “Come visit us again and again. This is a state of excitement. But for heaven’s sake, don’t come here to live.”

During a February 26th hearing on House Bill 2336 in Oregon’s House Energy and Environment Committee, several citizens stated that they came to Oregon because of our National reputation is for “Environment Stewardship” only to find out that in Portland there are businesses that actually manufacture things. Horror of horrors, these recent residents actually smell things in the air like paint and Natural Gas.

HB 2336 was drafted at the request of Neighbors for CleanAir. It adds new requirements to Air Permits issued under the federal Clean Air Act. Oregon’s air quality has been improving for the past two decades. Now air quality in cities is affected by automobile exhaust to an extent almost ten times more that filtered air releases from business and industry.

House Speaker Tina Kotek, D-Portland, testified in favor of HB 2336. Further action on the bill will be attention grabbing, given the Speaker’s expressed concerns about jobs and the economy. Stay tuned.