05/01 Update: Judge Rothstein
ruled that these sales degraded the watershed, harming fish.
03/99 Update on STAY (BLM word for injunction):
In 1998, the IBLA (they judge our BLM appeals) granted us a stay on most BLM
sales, and told BLM they must halt all work. Last fall, BLM remanded all the following
timber sales (they took them back, and told the judges they would re-do them). They
re-did them with more paperwork claiming that clearcutting restores watersheds because
if they could not clearcut, they would not maintain logging roads. BLM then released
the sales (plus new sales), and in 1999, we re-appealed them. Thus far, IBLA has re-granted
us a stay (which is an order for BLM to stop all work on the sale) on 6 sales: Diamondback, Sugar
Pine, Bell Mountain, Buck Creek, Emile,
and Sweet Pea. Before these sales can go forward,
BLM must convince the IBLA to lift the stay, as well as win two different court cases.
The remaining BLM FY'98 and '99 timber sales should have an IBLA ruling soon, and
are also included in the two law suits. (Survey and Manage, and Aquatic Conservation
Strategy).
Wait, don't start logging those trees!
Umpqua Watersheds won a 'stay' on three BLM timber sales in December because BLM did not respond in time to our appeals. We won 2 more stays in January and one more in February because the merits of our appeals are being considered. That's six timber sales that have been temporarily stopped!
Diamondback would clearcut old-growth forests near Sutherlin. Some of the trees are over 8 feet across. Emile would clearcut old-growth forests in the important Little River watershed. Emile also logs in stream-side reserves. Buck Creek, near interstate 5 and the town of Curtin, also logs in stream-side reserves, and builds over one mile of new road. One of the new roads will blast through a rock over a cave that houses a vulture nest. Sweet Pea, Buck Fever and Dream Weaver timber sales would deforest the headwaters of Myrtle Creek, above the town of Myrtle Creek.
A "stay" means a temporary reprieve for these important public forests. BLM was going allow logging to begin as early as December, but instead these six forests are currently safe.
The IBLA (the judges) said in a letter dated January 20, 1998, concerning the Sweet Pea and Dream Weaver timber sales:
"Umpqua [Watersheds] has presented a number of arguments in support of its request for a stay, including that BLM ignored its own Watershed Analysis recommendations, that the harvest plan will contribute to degradation of the watershed, and that the Biological Opinion for the sale is not consistent with achieving the objectives of the Aquatic Conservation Strategy. Umpqua also summits that if there is no stay the trees likely will be cut before this Board issues its decision, and that once cut, the loss of the trees cannot be undone. Moreover, Umpqua asserts there will be immediate and irreparable harm to the forests, soils and wildlife of the watershed, whereas the damage to the government will be only monetary and thus the harm is not irreparable. Finally, Umpqua maintains that a stay is in the public interest because it will protect the status quo of the environment.... Accordingly, pursuant to the authority delegated to the Board of Land Appeals by the Secretary of the Interior, 43 C.F.R. § 4.1, the request to stay the effect of the Area Manager's Decision is... granted only as to activity to implement the sale following award of the contract."
On February 6, 1998, the IBLA reached similar findings on the Buck Fever timber sale, with a similar conclusion:
"We conclude that the possibility of financial harm to county governments and others is outweighed by the threat of irreparable harm to the environment and the fact that once the trees are cut they cannot be restored. We note that the contract has now likely been awarded to the successful bidder, and that some activity to implement the sale contract may be underway. However, as with other appeals pending before the Board, all further activity to implement the sale contract is stayed."
It was signed by Judge David L. Hughes, with an "I concur" from Judge John H. Kelly. So far, the six stays total over 29 mmbf, including 25 mmbf of old-growth clearcutting (regeneration harvest). That's about 5,800 logging trucks worth of big old trees that get to live a little bit longer instead of taking that long drive to the chipper. And just maybe, they will never make that trip.