Authored By: Rob Mohr
An appellate court in Oregon upheld a previous decision to block the Scott Timber Company from logging in the Benson Ridge area of the Elliott State Forest. The June 2024 decision closes a decade long fight to protect marbled murrelet habitats in the area and is the culmination of work by Public Justice and several environmental advocacy groups including Cascadia Wildlands and the Center for Biological Diversity.
The Elliott State Forest spans 82,000 acres near Coos Bay, Oregon. Activists began litigation in 2012, when the State of Oregon announced an increase in logging in the area. Seeking to protect the marbled murrelet population that uses the forest for their nests, the suit was settled in 2014, and 26 parcel sales to timber companies were stopped. Nevertheless, Oregon sold the Benson Ridge parcel along with two other parcels for a total of 1,453 acres.
In 2016, advocates sued again, citing the Endangered Species Act of 1973 and its restrictions on “take,” actions that harm, harass, or kill endangered species. The marbled murrelet, a small seabird native to the North Pacific, has been classified as endangered since 2004. This judge ruled in favor of environmental advocates in 2022, citing the 49 acres of habitat that would have been eliminated by logging in the area, fragmenting the ecosystem and further destabilizing the murrelet population. Subsequently, the ruling was upheld in appeals court in June of this year.
Simultaneously, the State has been in the process of converting the forest into a research forest centered around the effects of climate change and logging. Previously, the forest was tied to the Common School Fund, and logging was used to generate funds for public schools. Oregon State University was courted as a research and management partner but ultimately did not recommend the proposal to its Board of Trustees on account of opposition from indigenous groups who say the plan did not meaningfully include them in a stewardship role.
Dan Synder, director of Public Justice’s Environmental Enforcement Project, said, “This case exemplifies the vital importance of citizen suits in our fight to save the planet.”
Thanks to Public Justice and their allies for fighting against systemic threats like corporate corruption, environmental polluters, and assaults on civil rights and liberties. If you want to financially support Public Justice and help them continue their important work, click here to visit their website.
