Victory for Large Trees Affirmed

Great news: On March 29, essential protections for large trees in eastern Oregon and eastern Washington were fully reinstated!

A few days before President Biden’s inauguration in 2021, a Trump political appointee signed a decision that wiped out protections for Eastern Oregon’s largest and oldest trees — a set of rules known as “the Eastside Screens.”

Central Oregon LandWatch joined five other conservation groups — Greater Hells Canyon Conservation Council, Great Old Broads for Wilderness, Oregon Wild, Sierra Club and WildEarth Guardians — to challenge this move to allow logging of large and old-growth trees across 7.8 million acres.

Your Voice Made a Difference 

Before they were rolled back in the waning days of the Trump administration, the Screens had protected trees over 21” in diameter on forests east of the Cascades for 30 years. 

In the order issued this past Friday (March 29, 2024), Judge Aiken, an Article III Judge, adopted Judge Hallman’s Findings and Recommendations in full, finding the Forest Service violated three bedrock environmental laws: the National Environmental Policy Act, the National Forest Management Act, and the Endangered Species Act. 

This decision should also close the loophole that had allowed a Trump political appointee to circumvent the public process and roll back environmental safeguards. 

Central Oregon LandWatch was particularly gratified to see that Judge Aiken noted the remarkable public engagement in this process. By submitting more than 3,300 public comments and packing the courtroom at the hearing in Pendleton, concerned Oregonians clearly elevated the significance of the Eastside Screens and the importance of preserving large trees. 

Pat yourself on the back - this is a huge victory you can be proud of! 

Waiting to Exhale 

Thanks to excellent representation by Crag Law Center, as well as support from the Nez Perce Tribe who filed an amicus (“friend of the court”) brief, our cohort of conservation allies prevailed in our case against the Forest Service. 

On August 31, 2023, a magistrate agreed with us that the agency had illegally undermined public process in its effort to strip away the protections for large trees. He found the Forest Service violated bedrock environmental laws, and recommended the Screens be reinstated.

Winning this case was a huge relief. We celebrated this important victory then, and the news made national headlines.  

However, due to a quirk of the justice system, we also knew that Judge Hallman’s findings and recommendations would still have to be formally approved and adopted by another judge. That left us waiting until now to learn whether protections for large trees would officially be restored. Thankfully, Judge Akin, the reviewing judge, fully adopted Judge Hallman’s findings and recommendations! 

The Eastside Screens are back in effect. 

A Place for Wildlife and Climate

Eastern Oregon’s diverse forests play a key role in two existential fights: the climate crisis and the biodiversity crisis. 

Central and Eastern Oregon’s biggest and oldest trees comprise only 3% of our forests. Yet, the large trees that remain provide critical habitat for wildlife, store immense amounts of carbon and are resilient to wildfire. The Screens are the most significant protections for large and mature trees in the National Forests of Eastern Oregon and Washington. 

Persistence Matters

There’s a saying that seasoned environmentalists live by: “constant pressure, constantly applied.”

The Eastside Screens were initially put into place by heroic efforts by the environmental community, including many Central Oregonians. Three decades later it’s clear that the Screens successfully protect wildlife habitat, sequestered carbon, and conserved other forest values.

For conservation groups like Central Oregon LandWatch, vigilance is key. We push for necessary regulations, then hold the line whenever those regulations are threatened.  

While we are elated to see protections restored, the goal of securing long-term, durable protections for large trees in Central and Eastern Oregon is still a work in progress. The Forest Service could appeal the court’s decision or attempt a new process to remove protections for large trees. Regardless of what the Forest Service does next, we will always appreciate and need your voice to speak up for large trees for our climate, wildlife, and forest health.