Ancient Forests, Spotted Owls, and the Demise of Federal Environmental Law

November 1990
Citation:
20
ELR 10469
Issue
11
Author
Victor M. Sher

A serious threat to our nation's fundamental environmental charter emerges in the fight over the future of the remaining ancient forests of the Pacific Northwest. Roughly 20 years ago, Congress enacted the pillars of federal environmental law, including the Endangered Species Act (ESA),1 the National Forest Management Act (NFMA),2 the Federal Land Policy and Management Act (FLPMA),3 and the National Environmental Policy Act (NEPA).4 These laws elevate environmental concerns over "business as usual" and ensure that federal agencies consider carefully the implications of proposed actions before irrevocably harming the environment.

Today, the integrity of these laws is at risk. Environmental groups brought a series of lawsuits challenging the logging activities of the U.S. Forest Service and the Bureau of Land Management (BLM) on public lands in Oregon and Washington. In response, members of Congress from the Northwest spearheaded an effort to circumvent the judicial decisions that would curtail logging to protect the environment, as required by existing environmental laws. These actions limit the rights of citizens to seek redress against illegal action by land management agencies in federal court.

Victor Sher is the Managing Attorney of the Northwest Office of the Sierra Club Legal Defense Fund (SCLDF). He and his colleagues at SCLDF represent citizens groups in lawsuits to protect the ancient forests, including Northern Spotted Owl v. Hodel, 716 F. Supp. 479, 19 ELR 20277 (W.D. Wash. 1988) (reversing the Fish and Wildlife Service's decision not to list the spotted owl under the Endangered Species Act); Portland Audubon Soc'y v. Lujan, 712 F. Supp. 1456, 19 ELR 21230 (D. Or.), aff'd in part, rev'd in part, 884 F.2d 1233, 19 ELR 21378 (9th Cir. 1989) (challenging the Bureau of Land Management's logging activities); Seattle Audubon Soc'y v. Robertson, No. C89-160-WD (W.D. Wa.) (challenging the Forest Service's spotted owl management plan); and Oregon Natural Resources Council v. Mohla, 895 F.2d 627 (9th Cir. 1990) (challenging the Forest Service's failure to consider new information about old-growth ecosystems).

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