The sounds of logging equipment can likely restart on Washington state Department of Natural Resources (DNR) forestland in the northeastern reach of Clark County after Clark County Superior Court Judge Derek Vanderwood denied the Legacy Forest Defense Coalition and Friends of Clark County’s motion for a preliminary injunction on Friday, March 28.
“Given the appellants’ burden and the applicable standard of review, the appellants have failed to demonstrate likelihood of success on the merits,” Vanderwood said in his ruling. “DNR completed a detailed environmental checklist consistent with SEPA in assessing the proposed timber sale.”
The ruling by Vanderwood also lifted a temporary restraining order that Vanderwood had approved in February for the Dabber timber sale.
Both the Friends of Clark County and the American Forest Resource Council shared their thoughts after the ruling and how it may affect the future of forests in rural Clark County. The legal battle first began in December, just before Christmas, when the lawsuit was filed.
“We’re very disappointed about the decision that was rendered on the 28th of March and, you know, there is still a final trial merits hearing in the case and that is set for June 26 at 3 p.m.,” said Mary Goody, with the Friends of Clark County. “At this time, and while the judge made it clear in his ruling on March 28 that we failed to demonstrate the likelihood of success on the merits, as far as we know right now, the June date is going to go forward. So that means things are still kind of up in the air.”
The Dabbler timber sale’s harvestable land is 140 acres, with Stimson Lumber Co. placing the highest bid at auction. At the end of January, Stimson won the timber auction for the Dabbler property with a bid nearly 80% above its appraised value at $5.2 million. From that, the Battle Ground Public Schools district would gain $1,013,411.17, the Clark County Roads Department would gain $634,830.94, and North Country EMS would gain $225,644.77, among other beneficiaries, according to the American Forest Resource Council.
“Dabbler is just one of more than two dozen nearly identical lawsuits filed by these anti-forestry groups,” Nick Smith, public affairs director for the American Forest Resource Council said. “What we argue is that these lawsuits misuse language from conservation policies to suggest that no older forests may be harvested unless arbitrary percentages are met. But, that’s an interpretation not supported by science or the law, you know. Half of DNR managed lands in western Washington are already set aside permanently under the habitat conservation plan.”
Smith added that in the lawsuits, the groups are attempting to paint all harvest of mature trees as a threat to conservation, “but it just simply ignores data …”
In the future, Goody hopes the Clark County Council will examine closely any forest lands in the county that either qualify as legacy forestland or are nearing that mature age.
“Hopefully, both the DNR and our current administrations would honor the fact that those old-growth forests need to be protected, and in fact, that was one of the things that the council had expressed a concern about in their conversation with DNR recently,” Goody said.
She added that the Dabbler land is adjacent to an old-growth forest, and Councillor Matt Little questioned whether there should be a buffer there to protect the old-growth from the effects of wind and other scenarios.
“DNR seemed to be very comfortable, indicating that old growth could pretty much take care of itself and that the Dabbler cut would go right to the edge of the old growth boundary,” Goody said. “So I think it’s important for the Clark County Council to take a look at the lands that we have in Clark County that could be protected.”
Smith had a different vision for how the Clark County Council should approach the topic at hand.
“The County Council’s opposition to the timber sale shifted dramatically after new council members took office in January and Councilmember Matt Little, … he’s a former employee of the Gifford Pinchot Task Force which has historically opposed timber harvest, has been particularly active in reversing the county’s previous support for timber sales,” Smith said. “We hope the County Council will take another look at its position and that its opposition to good forestry does not reflect the best interests of the public, the county, or the constitutional mandate to generate revenue from state trust lands for public services.”
