We won! Big trees protected across 7 million acres of national forestland
Daniel Howland
Federal Judge finds Forest Service violated the law in rolling back forest protections
On August 31, a federal judge made a sweeping recommendation to set aside an illegal Forest Service rule change made under the Trump administration.
Central Oregon LandWatch and five other conservation organizations, with support from the Nez Perce Tribe, challenged a change to the “Eastside Screens” – a longstanding set of rules to protect old growth on six national forests in Eastern Oregon and Washington.
This decision solidifies the value of large trees for our forests, wildlife, freshwater, and climate.
A U.S. Magistrate Judge in Pendleton, Oregon, found that the Forest Service should be required to prepare a full environmental impact statement:
“The highly uncertain effects of this project, when considered in light of its massive scope and setting, raise substantial questions about whether this project will have a significant effect” on the environment, including endangered aquatic species.
The amendment to the Eastside Screens was criticized for being a politically-motivated action that circumvented public and tribal involvement and ignored an established and growing body of science that contradicts the decision. More than 100 independent scientists joined dozens of conservation, climate, indigenous, and public health groups in opposing the rule change.
The court recommended that the plaintiff groups prevail on all three of their claims, finding that the Forest Service violated the National Environmental Policy Act, the National Forest Management Act, and the Endangered Species Act, and recommended that the Forest Service’s decision be vacated and the Service be required to prepare a full Environmental Impact Statement (EIS).
“We’re pleased with the Court’s decision to invalidate the Forest Service’s misguided choice to remove protections for large trees on our public lands. Today’s decision solidifies the value of large trees for our forests, wildlife, freshwater, and climate. We look forward to seeing these trees safeguarded well into the future.”
Wasim Muklashy
The Eastside Screens
The Screens protected trees over 21” in diameter on over 7 million acres of public lands. These represent the largest 3% of trees in the region. Just days before President Biden took office, a political appointee of the Trump administration illegally changed the rule and allowed those trees to be logged. The Forest Service was joined by the timber industry in defending the change.
The Eastside Screens were initially put in place by the Forest Service to protect remaining habitat for old-growth-dependent wildlife; certain species were in rapid decline after decades of logging of the biggest trees in Eastern Oregon and Washington. For almost 30 years, the Screens reined in the removal of large trees and prevented unnecessary conflict on many logging projects.
Forest Protections for Climate Solutions
A recent scientific study found that the biggest and oldest trees covered by the rule make up only 3% of regional forests in the Pacific Northwest yet store 42% of forest carbon. Those trees also provide critical habitat for wildlife, keep water clean and cold, are resilient to wildfire, and are at the core of cultural values.
Additionally, on April 22, 2022, President Biden issued Executive Order 14072 on Strengthening the Nation’s Forests, Communities, and Local Economies, which directs the Forest Service to conserve America’s mature and old-growth forests as a part of a science-based approach to reduce wildfire risk and combat the climate and biodiversity crises.
defending Central Oregon’s forests
Preserving large and old growth trees has been at the core of LandWatch’s work to defend our wild lands since the organization's inception in the 1980s. Nearly four decades later, as we are increasingly confronted with the twin threats of the climate and biodiversity crises, this work is more important than ever.
We keep a close eye on federal projects and advocate for preserving our wild lands for their inherent value and for the wildlife habitats and ancient forests they host.