The American Forest Resource Council, along with the Association of O&C Counties, and counties in Oregon, Washington, and California challenging the decision to delay and review the implementation of the Trump administration鈥檚 last-minute.
The lawsuit alleges the federal government 鈥渇ailed to provide a lawful justification for the delay and did not provide the public with notice or an opportunity to comment.鈥 It also alleges the removed Endangered Species Act protections from areas the northern spotted owl no longer inhabits.
鈥淭he 2021 designation aligns NSO [northern spotted owl] critical habitat with federal law, modern forest science, and common sense at a time when unprecedented and severe wildfires threaten both owls and people from Northern California to Washington State,鈥 AFRC General Counsel Lawson Fite said in a press release statement. 鈥淲e are challenging the delay because it violates federal laws and wrongfully restricts timber harvests on non-NSO habitat.鈥
According to the industry trade group, the delay also restricts the use of 鈥渁ctive forest management tools鈥 that help reduce the risks of wildfires.
After and calls for the to the implementation of the final rule late last month. The delay will extend the rule鈥檚 effective date to April 30.
The U.S. Interior Department said the former administration鈥檚 sweeping reductions of protected areas were conducted without public input or used the best available science and will conduct a review of these last-minute changes to ensure the survival of the species.
In the final days before President Donald Trump left office on Jan. 20, his administration published a final rule revising ESA protection for the species that slashed nearly 3.5 million acres of its critical habitat protections in Oregon, Washington, and California. Prior to the final rulemaking, USFWS proposed to remove only 200,000 acres in 15 Oregon counties.
The Center for Biological Diversity鈥檚 Endangered Species Director Noah Greenwald said slashing millions of acres of critical habitat would push the owl closer to extinction.
鈥淧rotecting forests for the owl benefits hundreds of other wildlife species, clean water and our climate,鈥 Greenwald said. 鈥淭he Biden administration did the right thing in delaying implementation of the rule and hopefully they will get rid of it altogether.鈥
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