ELR Citation: ELR 21505
No(s). C89-160WD (W.D. Wash. May 23, 1991)

The court orders the Forest Service to prepare a new record of decision and environmental impact statement on logging in northern spotted owl critical habitat by February 3, 1992, effective March 3, 1992; to comply with the requirements of the National Forest Management Act by March 5, 1992; and to cease additional logging in the habitat until it complies with law. The court finds that the Forest Service and the Fish and Wildlife Service deliberately and systematically refused to comply with the laws protecting wildlife. The court finds that the refusal to comply with the laws was directed by higher authorities in the executive branch. The court finds that further delays in complying with the law by the Forest Service are neither necessary nor tolerable. The court finds that logging an additional one percent of critical habitat for the northern spotted owl would constitute irreparable harm. The court finds that reducing logging will divert raw logs shipped overseas to domestic mills. The court finds that the economy of the Pacific Northwest is shifting from being timber dependent to other industries and that relocation programs exist to aid county governments and displaced workers. In balancing the equities, the court finds that the loss of additional spotted owl habitat would constitute irreparable harm, while the economic impact of reducing the timber supply is temporary and can be minimized.

Counsel for Plaintiffs
Todd D. True
Sierra Club Legal Defense Fund
216 1st Ave. S., Ste. 330, Seattle WA 98104
(206) 343-7340

Counsel for Defendants
Susan Barnes
U.S. Attorney's Office
800 5th Ave., 3600 Sea-First Bldg. Plaza, Seattle WA 98104
(206) 553-7970