Old Growth

When the locals pay for national forest fuel reduction …

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Everybody wins?

“So were Flagstaff officials prescient when they proposed what, at the time, was one of the first municipal partnerships with a national forest to have lands outside city boundaries thinned at city expense?”

“Hindsight is 20-20, but it sure looks that way to us. Armed with a $10 million budget, the Forest Service immediately went to work on an environmental study that mapped the most fireprone timber stands as well as nests of endangered Mexican spotted owls.  Steep slopes most prone to erosion were pegged for less-harmful cable logging, and some stands of old-growth ponderosas were declared off limits. Using collaborative tactics learned from 4FRI, the draft EIS containing a thinning plan was ready in near-record time and drew no lawsuits that would cause delay.”

Could that be because there’s no revenue or profit motive driving more destructive logging practices?

Forest Service wins A to Z

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The Ninth Circuit affirmed the district court denial of a preliminary injunction for the North Fork Mill Creek A to Z Project on the Colville National Forest, which has been discussed here. Of note, the question of contractor-NEPA was not addressed, although the court said that the Forest Service “reviewed and approved” the EA, and “The Forest Service subsequently retracted and revised the EA to address concerns raised by the public.”

That’s right, an EA on a 13,000 acre logging project with some at-risk species. How could that be? The short answer is essentially full mitigation of effects. For pine marten and fisher, the plaintiffs agreed that goals in the forest plan would protect the habitat, and that the project was consistent with those goals by correctly identifying the habitat and leaving it alone. The legal arguments they made were more technical and weaker. So, while there are some differences here from the Colorado Tennessee project in lynx habitat, it appears that the Colville forest-wide conservation strategy for these species also simplified the project NEPA process. Full mitigation basically also occurred for sediment and open road density (It also probably didn’t hurt that, “The project was the result of a multi-year collaboration among elected officials, environmental organizations, Native American tribes, the timber industry, and community organizations.”  And maybe that had something to do with why the FS agreed to this degree of mitigation.)

The opinion includes an interpretation of the 2012 Planning Rule’s requirement for the use of the “best available scientific information in the forest planning process” (despite the fact that the new Planning Rule does not apply to either the existing plan or to any projects). Quoting a Ninth Circuit case: A party challenging the Forest Service’s scientific analysis cannot simply “cite studies that support a conclusion different from the one the Forest Service reached” and must instead provide “scientific studies that indicate the Forest Service’s analysis is outdated or flawed.”

Trump Reportedly Wants to Clearcut Giant Sequoias

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As per the Sierra Club

“Logging companies are lying in wait, chainsaws ready, for Trump to chop the protections of Giant Sequoia National Monument.

Don’t let Trump give loggers free reign to fell majestic trees. Become a monthly donor to save this precious ecosystem: http://sc.org/2upyrE6 ”

Leave no funding opportunity left unexploited!

9th Circuit upholds EA for Shasta-Trinity logging project

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The mantra I always use to hear was don’t use an EA if you might get sued.  Maybe things are different now?  Or maybe this was just one of those EAs that looked a lot like an EIS.

  • The Project’s proposed treatment methods will retain all existing snags greater than 15 inches in diameter, “unless deemed a safety hazard by the purchaser, or in the case of a need to meet coarse woody debris (CWD) requirements.” Because the Project only removes snags in two limited circumstances, it was reasonable for USFS to conclude that treatment methods will not reduce snag numbers below Forest Plan standards.
  • The Project’s Environmental Analysis considered a total of fourteen alternatives, five of which were discussed in detail.  The USFS reasonably concluded that not treating 17% of the Project area would thwart the major purposes of the Project.
  • USFS properly analyzed the cumulative impacts of the Project.  The Council on Environmental Quality (“CEQ”) Handbook does not require USFS to use the owl’s “natal dispersal” distance in its analysis.
  • While the uncertain effect of fires in spotted owl foraging areas may cast doubt on some aspects of the Project, the Project’s anticipated effects as a whole are not highly uncertain and do not trigger the need for an EIS.  Also, logging in designated critical habitat will be limited to areas that support lower-quality owl habitat—and no forest treatment will occur in nesting and roosting habitat.  “We think USFS has provided a ‘convincing statement of reasons’ to explain why [the Project’s] impacts are insignificant.”

Conservation Congress v. U. S. Forest Service.  March 31, 2017.

Mendocino N. F. loses HFRA project lawsuit

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The Eastern District of California District Court has reversed a decision by the Mendocino National Forest to implement the Smokey Project, which would include fuel and vegetative treatments intended to further habitat and fire management goals and contribute to the MNF’s timber production goals (Conservation Congress v. U. S. Forest Service). The project was located in a late successional reserve for northern spotted owls. It was prepared pursuant to the Healthy Forest Restoration Act, which requires only one action alternative to the proposed action if the additional alternative is (1) proposed during scoping or the collaborative process; and (2) meets the purpose and need of the project.

 

The court held that the Forest failed to consider an alternative with an 18” DBH diameter cap sought by plaintiffs.   The court interpreted the phrase “collaborative process” to include “something beyond ‘scoping.’” The court then listed 14 comments in the record that suggested a diameter cap for large trees and/or expressed concern over the cutting of larger trees. It concluded, “Based on the Plaintiff’s active participation throughout the iterations of the Project … the Court concludes that Plaintiff’s suggestions were made during the collaborative process.”

 

The court found that the Forest had failed to “explain why none of these triggered the HFRA requirement to prepare a single additional alternative.” While the Forest had considered a 10” DBH diameter cap as a alternative not considered in detail, the court agreed with plaintiffs that this was a “straw alternative” because no comments had suggested such a low limit. The plaintiffs argued that, “more limited thinning from below prescriptions with quantitative diameter limits … were a viable option that would meet all HFRA objectives, while also being consistent with LSR duties,” and this was apparently not contested.

 

The court also found that the EA failed to take the “hard look” required by NEPA because of the lack of this alternative, and for two other reasons. The explanations of the use of a “limited operating period” as a mitigation measure were conflicting and caused confusion about the effects. The project documentation also failed to explain why admitted failure to monitor other projects did not render this project’s impacts “uncertain.” The court upheld the decision against other NEPA claims, which included a claim that the purpose and need for the project conflicted with the forest plan. The court also found that the project complied with ESA and with NFMA consistency requirements, including compliance with the spotted owl recovery plan (which had been incorporated into the forest plan).

Science consistency review on the southern Sierra national forests

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The draft revised Sierra, Sequoia and Inyo national forest plans include aggressive restoration programs across the forest, including logging areas of existing old forest structure to protect old forests and associated wildlife species.  The Forest Service has asked (unidentified) reviewers to look at the draft forest plans and draft EIS and address these questions in the first science consistency review conducted under the 2012 planning rule (it is an optional process under associated agency policy):

1. Has applicable and available scientific information been considered?

2. Is the scientific information interpreted reasonably and accurately?

3. Are the uncertainties associated with the scientific information acknowledged and documented?

4. Have the relevant management consequences, including risks and uncertainties, been identified and documented?

Here are some of the topics being addressed:

• Vegetation: Forest Resilience, Seral stage distribution, Effects of post-disturbance harvest, and Impacts on native vegetation.

• Fire and Fuels: Fuels management and community protection, Current fuel loading, Current and future wildfire trends, Effectiveness of treatments for fuel reduction.

• Wildlife and Habitat: Impacts to wildlife and their habitats, terrestrial and aquatic, Protection of old forest and associated species, Threatened and endangered species habitat requirements and availability, Species of Conservation Concern habitat requirements and availability.

• Climate Change: Current and projected trends, Effects on wildlife habitats and populations, Effects on carbon sequestration and carrying capacity

Given the debate on this blog surrounding these issues, the results should be interesting.  However there is no commitment here to any public release or discussion of the results.  The comment period on the draft EIS closes August 25th.  The results of this review were scheduled to be available in August.  “The technical experts (on the planning team) will review the report, consult and address any concerns from the review team, and incorporate any recommendations that would benefit the final EIS.” 

Given the debate on this blog surrounding these issues, the results should be interesting.  However there is no commitment here to any public release or discussion of the results.  The comment period on the draft EIS closes August 25th.  The results of this review where scheduled to be done in August.  “The technical experts (on the planning team) will review the report, consult and address any concerns from the review team, and incorporate any recommendations that would benefit the final EIS.”

Here is the revision website.

Wish you were on the Dixie?

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The Utah federal district court upheld the Dixie National Forest decision on the Iron Springs Project (argued at a hearing in July 2014) in Alliance for the Wild Rockies v. Bulletts. The Project involves a range of vegetation management activities including intermediate harvest treatments, salvage of timber killed by or dying as a result of beetle infestation, regeneration of aspen, and reforestation of previously harvested areas. Commercial logging would occur on 3,603 acres of spruce/fir.

 

Most of the plaintiff’s claims were based on NEPA. The court found that an EIS was not necessary, focusing on the fact that the project affected only 0.5% of the national forest. It found the analysis of effects on old growth species and other at-risk species (including threatened Utah prairie dogs) to be adequate. There were also no unique characteristics of the area, and no controversy about the effects of the project on several wildlife species.

 

The court was a little creative (or inexperienced) in brushing off potential controversy about using timber harvest to address beetle kill. It concluded that, “Even if the efficacy of timber harvest for the purpose of addressing beetle kill is highly controversial, addressing beetle kill is only one of six stated reasons for the Project.”   This suggests that adding non-controversial purposes to a project can somehow offset any other controversy that exists – a dubious NEPA proposition.

 

Plaintiffs also pointed out that a goshawk amendment to the forest plan had been in place for a decade longer than intended, based only on an EA. However, they did not challenge the forest plan, and the court found that the project was consistent with the forest plan, and that a 2012 scientific review of the amendment validated the best available science for goshawks. The court also upheld viability analysis of management indicator species, which showed that the project area would continue to support sufficient numbers of flickers and three-toed woodpeckers.

Howdy, Folks

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I’m just going to drop this here. A side by side comparison of the land that some serial litigators insist is clear evidence of Forest Service salvage clearcutting in the Rim Fire. The caption reads, “Post-fire clearcutting on the Stanislaus National Forest in the Rim fire area, eliminated the wildlife-rich snag habitat and left only stump fields.” Where is the “wildlife-rich snag habitat” in that burned-over plantation on private land? The picture on the right is before logging started, from Google Maps.

Yes, the story is still up on their website, in all its slanderous glory.

Have a nice day!

Spi-comparison

California spotted owl plans

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One of the hottest topics on this site recently has involved the effects of salvage logging on California spotted owls. Sometime soon, the three southern Sierra national forests will release their draft revised plans and EIS, which will describe how they intend to resolve this management question, and what the effects of their proposed management would be. I thought it would be worth a quick look at how they have approached the question so far in the planning process.

Here is pretty much the extent of the information in the Sierra NF Assessment (January 2014):

While lightening caused fires are part of the natural ecosystem, suppression of them has led to conditions that can result in large areas of high severity effects that may be detrimental to old forest species such as the fisher or California spotted owl. There is some uncertainty about the effects of fire severity on these species (Keane 2013 and Zielinski 2013)… In addition, California spotted owls may occupy burned forest landscapes for breeding but primarily following low to moderate severity fires (p. 26)

It is unknown how fisher, marten, California spotted owl and goshawk respond to restoration treatments. (p. 38)

The updated “need for change” document (June 2014) states:

Consider new information (e.g., PSW GTR 220/237, California Spotted Owl Conservation Assessment, and the Science Synthesis) in developing or updating forest plan components to improve ecological conditions for the California spotted owl.

This document is supposed to explain what changes are needed in the existing plan based on the assessment.  GTR-PSW-237 is a 2012 document updating GTR-PSW-220 from 2009; the assessment does not cite these existing documents in its discussion of spotted owls.  The ongoing Conservation Assessment was intended to be complete for use in developing the draft revised plan, but is now not scheduled for completion until fall 2016 (well after the draft plan and EIS).  This doesn’t give me a good feeling about a decision informed by the best available scientific information with full public participation.  It doesn’t seem like they have made much of a case yet for compatibility of spotted owls and salvage logging.

(The current status of the new conservation assessment can be followed here.  There was a webinar on December 8.)