----- Forwarded message from Doug Heiken < firstname.lastname@example.org> -----
I just learned that the hearing on relief was rescheduled.
It is now scheduled for Wednesday Nov 12th at 11 AM.
Judge King's decision on the merits is linked here:
Our earlier press release on the merits is here:
Key quotes from the decision:
"The underlying EAs for the timber sales at issue did not
properly frame the Forest Service's survey and manage duties, they did
not analyze a range of alternatives based upon these duties, they did
not evaluate completed surveys, they did not demonstrate that the
Forest Service had all of the proper information before it before
allowing logging, and they did not provide for public influence over
the decisions. For all of these reasons, the underlying EAs are legally
deficient. Under Idaho Sporting Congress, "[i]t is inconsistent with
NEPA for an agency to use an SIR, rather than a supplemental EA or EIS,
to correct this type of lapse." Id. I find that the Forest Service's
SIRs in this case violates NEPA."
"Because I find that the Forest Service has violated NEPA in not
documents disclosing or analyzing its survey and manage duties, the
results of surveys, and management decisions based on the results, I
grant ONRC's motion for summary judgment ..."
In talking to media, a main point we should try to make is that "the
Forest Service is
not only cutting the public's old-growth forests, something that is
totally unnecessary in this day and age, but they are also taking
illegal shortcuts to cut old-growth. On the Mt Hood and Willamette
National Forests they are cutting old growth without properly
protecting species or involving the public. Judge King should grant a
permanent injunction to stop this illegal logging until the Forest
Service complies with the law by protecting rare wildlife and listens
to the public 's concerns about old-growth logging."