Victory for Marbled Murrelet!

OFCO was notified on March 14 that there will continue to be no logging in reclassified Marbled Murrelet habitat in southwestern Washington for the time being. The Department of Natural Resources, American Forest Resource Council and Wahkaikum County have collectively voluntarily withdrawn their appeal in the amendment case. This means that Judge Heller’s decision stands.

OFCO appreciates the work of the Washington Forest Law Center (WFLC). Background on the suit from their website:

WFLC Win Protects 12,000 Acres of Mature Forest Marbled Murrelet Habitat

July 11, 2013 – Today, King County Superior Court Judge Bruce E. Heller ruled that the Washington Department of Natural Resources violated the State Environmental Policy Act by allowing logging of over 12,000 acres of mature forest in Southwest Washington. The forest had been reserved for possible inclusion in a yet-to-be developed long-term conservation strategy for threatened marbled murrelets. In May 2012, DNR amended its habitat conservation plan to allow access to the reserved habitat, even though the completion of the conservation strategy was years in the future. DNR also determined that the amendment, even though it allowed logging of 12,000 acres of forest recognized as murrelet habitat, did not require an environmental impact statement under the State Environmental Policy Act.

WFLC filed suit against DNR on behalf of Seattle Audubon Society and Olympic Forest Coalition. The American Forest Resources Council, a logging industry organization, intervened on behalf of DNR. After extensive briefing and oral argument, Judge Heller found DNR’s actions to be unlawful because DNR allowed environmental harm while relying on the speculative benefits of the yet-to-be developed conservation strategy to offset that harm. As a result of the ruling, the amendment to DNR’s HCP is invalid and logging under it may not proceed.