Murrelet questions block logging project
A federal judge has prohibited logging on private property owned by a timber company due to the possibility of harm to threatened marbled murrelets.
U.S. District Judge Ann Aiken has issued a preliminary injunction against the harvest of a 50-acre parcel owned by Roseburg Forest Products and its Scott Timber subsidiary.
The tract was once part of Oregon’s Elliott State Forest until the timber companies bought the property in 2014, to the alarm of environmental groups.
Three nonprofits — Cascadia Wildlands, Center for Biological Diversity and the Audubon Society of Portland — filed a lawsuit seeking to block logging on the parcel, arguing it was occupied by marbled murrelets and harvest would violate the Endangered Species Act.
The property, known as the Benson Snake Unit, is important to the species for life-cycle behaviors beyond just nesting, said Dan Kruse, attorney for the environmental plaintiffs, during oral arguments last month.
“Fragmentation has significant impacts on marbled murrelets,” he said.
The timber companies countered that they’d hired an internationally known consulting firm to specifically pick a logging site that wasn’t occupied by the birds, which will be out to sea when the harvest occurs.
“They don’t have the facts or the evidence to show there will be death or injury to the marbled murrelet,” said Dominic Carollo, attorney for the timber defendants.
In her ruling, Aiken said the two sides have offered competing versions of the facts.
“Since both plaintiffs and defendants make compelling arguments, the issue here, as with many environmental cases, boils down to which scientific approach is best,” she said.
While the timber companies relied on newer data to determine that marbled murrelets don’t occupy the site, the environmental groups’ protocol showing the site is occupied is “widely accepted within the scientific community,” Aiken said.
At this point, though, Aiken said she doesn’t have to decide which method is better.
It’s enough that the environmental groups have raised serious questions about the presence of marbled murrelets and shown the bird would suffer irreparable injury from logging, she said.
“If the project proceeds, marbled murrelets will not be able to nest in the clear-cut parcel for nearly a century while the forest regrows,” said Aiken.