Subject: Forwarded: Judge Dwyer's Fifty Finding of Fact
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Comments:
From: Dave Iverson:R04A
Date: May 31,91 5:25 PM
** WINDS OF CHANGE: Owls, Old Growth and Logging **
The Forest Service and the Dept. of Agriculture have been noticeably
silent since Judge Dwyer issued his recent precedent-setting
decision. Rick Wetherill, of R6, succiently summarized Dwyer's
findings. Here is his short list of findings. Enjoy. Dve.
Previous comments:
From: M.Gautreaux:R06F18A
Date: May 29,91 8:39 AM
Rick Weatherill's summary.....
From: GREGORY J. HETZLER:R06F12D05A
Date: May 24,91 1:45 PM
A GOOD SUMMARY OF THE FACTS THAT LED TO DWYERS DECISION.
Previous comments:
From: Richard Wetherill:R6/PNW
Date: May 24,91 12:14 PM
You've probably already heard about the injunction out of Judge
Dwyer's court. The "Findings of Fact" for the decision took 10 days
of testimony which the Judge boiled down to 20 pages ... and here I've
boiled them down to 3. These are the calls as I see them -- from my
"unique" viewpoint. Just so's you'll be ahead of the game. Have a
good weekend and never panic.
+== Dr. Rick ==+
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JUDGE DWYER'S FIFTY FINDINGS OF FACT
A Summary Interpretation by Rick Wetherill
May 24, 1991
Background Findings
1. The owl is a symbol of the remaining old growth forest.
2. Old growth is more than just trees. Many of its resident plant and
animal species live nowhere else.
3. Ten percent of the original conifer forest is left and the spaces
protected as parks and wildernesses are not enough for the owl to
survive in.
4. Old growth sustains a richer variety of life than do managed forests or
tree farms.
5. The remaining old growth stands are valued for their effects on climate,
air, migratory fish runs, and beauty.
6. Everything was pretty much OK until intensive logging began after WW II.
7. NFMA was adopted in 1976 as both a response to heavy logging and a
compromise between wilderness and industry values.
8. Despite increasing social concern over environment, FS logging sales
have continued on a large scale (4.448 - 5.082 billion board feet/year).
9. Some large firms have private forests and need little or no public
sources, while many small mills and logging companies are just the
opposite.
10. Timber-dependent workers have an expectation of indefinite timber.
Statutory Violations
11. Timber industry productivity increases will continue and workers will
suffer anyway regardless of harvest level.
12. The FS failed to adopt owl guidelines. The FWS failed to comply with
ESA.
13. The reasons for 12 above were in the political arena and outside either
agency.
14. Had the FS complied fully with Sec. 318, this case would already be
over.
15. The deliberate and systematic refusal by the FS and FWS to comply with
environmental laws is not at the working level of the agencies, but
instead reflects decisions made by higher authorities in the executive
branch.
Time Needed for Forest Serivce to Comply with NFMA
16. The FS wants at least 16 months to prepare a new ROD and EIS.
17. "Further delays of this magnitude are neither necessary nor tolerable."
18. Congress specified that a revised owl plan was to be done by 9/30/90.
19. Work on the revised plan was stopped by a decision at the cabinet level.
20. The research and analysis for a plan has already been done.
21. The new plan could be easily done, therefore, the new EIS and ROD is now
due on 2/3/92.
Probability of Irreparable Harm
22. The owl is now threatened with extinction.
23. The owl population continues to decline.
24. "Spotted owl habitat" = "suitable habitat" and has been defined the same
by both FWS and ISC.
25. 400,000 acres of habitat have been logged in the last 7 years without
having a lawful plan or EIS for owls and an additional 66,000 acres of
habitat will be destroyed over the next 16 months if allowed.
26. The ISC Report recommends standards and guidelines.
27. No timber management activities may take place in HCAs.
28. Cat. 1 HCAs can be no more than 12 miles, Cat. 2 HCAs no more than 7
miles, from the nearest neighbor.
29. 50-11-40 rule.
30. HCAs have been drawn on maps.
31. ISC Report is scientifically respectable, but has not been adopted by
any agency.
32. Proposed logging would foreclose options that might later prove to have
been necessary.
33. The FS will consider owl habitat preservation as an alternative -- an
alternative that would be lost if extensive logging was allowed to go
forward.
34. FWS recommendations of "prudent measures" in timber sales reviews are
not a substitute for NFMA compliance (maintaining viable populations).
35. Logging 66,000 acres of habitat is irreparable harm. No amount of money
can replace the environmental loss of old growth.
36. There is a substantial risk that logging 66,000 acres would push the
species past the population threshold from which it could never recover.
Economic and Social Consequences
37. A 16-month injunction protecting habitat in the owl forests would drop
the sale level average to roughly 25% of what could be sold consistent
with the ISC Report.
38. Existing sales would not be prohibited.
39. The court projects about a 19-month supply of timber -- most under
contract and free of legal challenge and the rest to be sold while
protecting habitat.
40. Injunction after-effects would be reduced by six months.
41. Private timber sources and export reductions will take up the market
slack.
42. Supply shortages to mills have been exacerbated by raw log exports,
further impacting domestic jobs.
43. Mills are going to have shortages anyway.
44. Modernized and major companies have adapted and done well, smaller firms
have had trouble.
45. Wood products industry job losses will continue, whatever happens with
the owl. Over 20 years, 30K jobs will be lost to productivity increases
alone.
46. The states have programs for dislocated workers.
47. Payments to counties will decline, regardless.
48. "The timber industry no longer drives the Pacific Northwest's economy."
49. Any job loss from short-term habitat protection would have a small
effect on the regional economy.
50. Economic gains from amenity values preserved by not harvesting are
genuine and substantial.