WFLC Files Federal Lawsuit On behalf of Audubon Society Chapters To Protect Remaining Northern Spotted Owls
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On April 18, 2006, WFLC filed an Endangered Species Act “sixty-day notice” on behalf of the Seattle and Kittitas Audubon Societies. The notice, which is a necessary first step before a lawsuit, warns the Washington Department of Natural Resources, the Washington Forest Practices Board and the Weyerhaeuser Company to stop logging or issuing permits authorizing logging of critical owl habitat that directly surrounds known owls on Weyerhaeuser land in southwest Washington. This logging will harm those owls.
On November 7, 2006, WFLC and cooperating attorney John Arum of the Seattle law firm Ziontz, Chestnut, Varnell, Berley, and Slonim, on behalf of the Seattle and Kittitas County Audubon Societies, filed a lawsuit in federal court against the State of Washington and the Weyerhaeuser Company. The lawsuit asks the Court to stop the Washington Department of Natural Resources from issuing permits that allow companies to log critical owl habitat surrounding known owl sites. The suit also asks the Court to stop the Weyerhaeuser Company from logging specific permits in areas of southwestern Washington that contain known owls.
On November 13, 2006, WFLC filed a motion for a preliminary injunction; the hearing was held on June 18-21, 2007 (read more about the hearing here). The injunction motion was supported by extensive scientific declarations and a declaration form a former Washington Department of Fish and Wildlife employee who witnessed first-hand the State's refusal to protect owls.
The owl lives in the patch of forest approximately in the middle of the photo. Photo by Eric Harlow/LightHawk.
See other photos of Weyerhaeuser’s logging here.
Background
Mostly as a result of industrial timber harvesting of old growth forests over the past 25 years, the Washington population of Northern Spotted Owls has plummeted by more than 50% over the past 10 years. President Clinton's 1994 Northwest Forest Plan helped protect more than a million acres of federal old growth forests but logging of suitable owl habitat continued at alarming rates on state and private land. The State of Washington adopted certain enhanced forest practice rules protecting owls in 1996. However, the State's new owl rules exempted vast areas of the State from owl protection. These areas include southwestern Washington, the private lands north of Olympic National Park, and areas on the eastside of the Cascades.
In 2003 and again in 2006, the Audubon Chapters sent the State and various landowners an official "60 Day Notice" advising the State that it was issuing permits that were destroying owl habitat. The State modified its rules slightly during early 2006 but refused to adopt any rules protecting important owl habitat in regions of the State that were left off by the 1996 rules. Moreover, although the Weyerhaeuser Co. in 1994 agreed to refrain from logging for 5 years any suitable habitat around 7 known owl sites, Weyerhaeuser's agreement expired in 1999 and was not renewed.
Here are some basic facts:
- Annual rate of decline of Northern Spotted Owls in Washington: 7.3%
- Acres of private forest land that constitute critical owl habitat around known owls which are not protected by logging rules: 50,000 acres
- Percentage of private forest land in Washington that are: 0.6%
- Acres of suitable owl habitat logged within the past 10 years: 56,400 acres
- Percentage of lost habitat that was private lands: 74%
- Protection for owls in SW Washington: none. Only requirement is not to log their nest site during 6 month nesting season.
- Acres of suitable owl habitat around known owls that Weyerhaeuser logged within past 5 years (after its agreement expired in 1999): 725 acres
- Acres that Weyerhaeuser logged within critical 70 acre "core" zone around known owl: 66 acres
- Number of known owls left on Weyerhaeuser land: 4
Why Weyerhaeuser Is Logging Irresponsibly
Put simply, Weyerhaeuser’s logging is harming endangered owls, owls which live in slivers of forest surrounded by massive clearcuts.
This 60 day letter affects only 1% of Weyerhaeuser’s land in Washington and one wonders why a billion dollar multi-national company, particularly one that advertises itself as ecologically friendly, would not do more to protect threatened or endangered species living on its lands.
Weyerhaeuser has a long history of broken promises relative to protecting endangered owls on its lands. In 1991, the company successfully lobbied then President Bush not to designate critical habitat for the owl on private lands Link to recent High Country News story. In 1993, Weyerhaeuser committed to a 100,000 acre habitat conservation plan for southwest Washington, which it never completed. Dept. of Interior press release. Due to concerns that owl habitat in southwest Washington may be logged while the habitat conservation plan was being developed. Weyerhaeuser made a temporary commitment to avoid harvesting habitat within active owl circles in exchange for no-take letters from the U.S. Fish and Wildlife Service. Weyerhaeuser letter of intent. Since its commitments expired in 1999, Weyerhaeuser has commenced logging extensive amounts of owl habitat within owl circles in southwest Washington in violation of the provision in the Endangered Species Act that does not permit companies to harm endangered species. Data on Weyehaeuser harvests
Legal Documents Available for Review
Motion for Preliminary Injunction
Expert Declarations:
d. Matt Stevenson (GIS technician)
Case-Related Media
Read the June 27, 2007, Seattle P-I editorial, "Bush Administration: Too cozy by half "
Read the June 23, 2007, Seattle P-I article, "Weyerhaeuser got to edit U.S. letter on logging, owls"
Read the November 14, 2006, Seattle Post Intelligencer article, "Group wants logging ban to protect owl"
Read the April 19, 2006, Seattle PI article, "Audubon Society tells Weyerhaeuser, state they are violating species act"
Other Resources
Visit Seattle Audubon's Spotted Owl Resource Center.
