A decision made by United States Magistrate Judge Mark D. Clarke found that the BLM鈥檚 Integrated Vegetation Management for Resilient Lands Program, meant to promote forest restoration and fire resilience, runs counter to the agency鈥檚 own resource management plan. The agency鈥檚 IVM program covers an estimated 875,290 acres in southwestern Oregon.
The court ruled that the BLM鈥檚 use of commercial logging in late-successional reserves, forests dedicated to preserving animals like the northern spotted owl, violates the agency鈥檚 20-year standard which limits activity in those forests to actions that do not delay habitat development for the northern spotted owl by 20 years or more. For example, the rule would prohibit a forest canopy to be removed if it would take over 20 years to recover for use as habitat for the northern spotted owl.
The BLM had argued the 20-year standard did not apply to late-successional reserves within their IVM program.
The judge found that the agency鈥檚 program ultimately violated the Federal Land Policy and Management Act by not adhering to the BLM鈥檚 resource management plan.
George Sexton, conservation director with Klamath-Siskiyou Wildlands Center, one of five environmental groups that sued the BLM, said the agency鈥檚 plan would have removed forest canopy important for the northern spotted owl.
鈥淎nd the court said, 鈥楴ope, the late successional reserves mean what they say. They鈥檙e to be managed for wildlife habitat and you need to go back to the drawing board,鈥欌�� said Sexton.
He said KS Wild鈥檚 issue was only with the BLM鈥檚 fuels treatment in late successional reserves.
鈥淚 want to be clear that the BLM can still do fuels reduction treatments. We did not seek an injunction against small-diameter thinning or against the use of prescribed fire,鈥� said Sexton.
The judge also ruled that the BLM鈥檚 failure to prepare an environmental impact statement for their IVM program violated the National Environmental Policy Act. Although the court ruled in favor of the BLM in finding that the agency did not violate its recreation management plan.
A spokesperson with the BLM said the agency is looking at the decision and determining their next steps.
For now, the court鈥檚 decision halts the controversial Late Mungers timber sale in the Applegate Valley which included 830 acres of commercial thinning within late-successional reserves.
