A federal judge has ordered an immediate stop to a U.S. Forest Service plan to log along more than 400 miles of roads within the Willamette National Forest.
U.S. District Judge Michael McShane said in an order issued Friday that the federal agency overstretched its authority under the National Environmental Policy Act, or NEPA, to effectively log some 20,000 acres of forestland in the name of post-fire road repair.
鈥淭his Project allows commercial logging that, at least at this stage, will almost certainly have more than a minimal impact on the environment,鈥� McShane wrote. 鈥淭he commercial logging allowed here does not remotely resemble grading or repaving roads, cleaning culverts, or removing brush [without the use of herbicides] near roads.鈥�
The Forest Service crafted the project in the wake of the 2020 Labor Day wildfires that ripped across Oregon. The agency argued that the Beachie Creek, Lionshead and Holiday Farm fires created dangerous conditions on forest roads that required extensive clean-up in the form of cutting trees.
Using what鈥檚 called a 鈥渃ategorical exclusion鈥� in NEPA, the Forest Service planned to bypass the thorough environmental review processes typically required by the law. However, the plan would need to have little to no impact on the environment for the exclusion to apply.
Three conservation groups sued, saying the project was , and that it would degrade water quality and wildlife habitat. McShane agreed, and issued an injunction to halt the project, which was scheduled to begin Sunday.
鈥淭he judge granted what we asked for, which we have been asking the Forest Service for since the beginning, which was a project that just targets imminent danger trees and is not a large-scale commercial salvage logging project,鈥� said Nick Cady, legal director for Cascadia Wildlands. The conservation group was a plaintiff alongside Oregon Wild and Willamette Riverkeeper.
The Forest Service did not immediately respond to a request for comment.
The American Forest Resources Council, which lobbies on behalf of the timber industry, says leaving the trees standing poses a safety risk for people who are in the forest for work or recreation.
鈥淧eople shouldn鈥檛 have to risk death or injury to access their public lands,鈥� the group said in a written statement. 鈥淔ailure to remove hazard trees ensures dangerous conditions for firefighters, first responders and anyone traveling through these burned landscapes.鈥�
The judge鈥檚 order allows the Forest Service to cut trees that pose a direct threat to roads, so that access may be maintained. But in his ruling McShane wrote that many of the trees the agency hoped to cut don鈥檛 fit that description.
鈥淸T]he Project allows the felling of a 鈥榣arge number of trees鈥� with 鈥榓 low likelihood of failure within 5 years,鈥欌�� McShane wrote. 鈥淕enerally, an agency must complete an [environmental assessment] within 1 year and an [environmental impact statement] within 2 years. In other words, the Forest Service could complete a [National Environmental Policy Act] analysis several years before many of the trees are likely to fail.鈥�
McShane also noted that the conservation groups have a high likelihood of success in proving their claims in court.
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