John Talberth • March 28, 2024
FOR IMMEDIATE RELEASE 28 MARCH, 2024
Contact:
Seattle – For the second time in two years a Washington Superior Court has ruled that the Department of Natural Resources, under Hilary Franz’s leadership, is violating the State Environmental Policy Act (SEPA) by deforesting the last remnants of mature natural forest cover on its lands and failing to disclose or mitigate the harmful climate impacts of doing so. Despite losing on this issue in Jefferson County, DNR refused to make any substantive changes to its logging program or environmental analysis procedures under SEPA. In this latest round, Center for Sustainable Economy, Save the Olympic Peninsula, and Legacy Forest Defense Coalition filed a lawsuit in King County Superior Court last June to halt the Wishbone Timber Sale – a 100-acre patch of carbon rich 80- to 110-year-old ‘legacy’ forests in the Tolt and Snoqualmie River basins northeast of Seattle. Legacy forests are rare, naturally regenerated stands that provide exceptional levels of carbon storage, biodiversity, and water quality. Led by Dave Upthegrove, currently running for Commissioner of Public Lands, seven members of the King County Council sent a letter to DNR supporting plaintiffs in asking for accounting of climate impacts associated with this kind of logging.
In today’s ruling in Center for Sustainable Economy et al. vs. DNR (No. 23-2-11799-9-KNT), Judge Kristin Ballinger took DNR to task over its rationale for ignoring climate impacts of logging at the project level – that as a whole, DNR lands are capturing more carbon than is released by logging. In her Decision and Order, Judge Ballinger agreed with plaintiffs that “DNR cannot circumvent an examination of the impacts of logging on a specific parcel of land by relying on carbon sequestration benefits from other lands that it manages.” She said that by failing to consider the impacts of deforestation and forest degradation on climate, DNR’s determination that the Wishbone Timber Sale would have no significant environmental impacts was ‘clearly erroneous.’
According to Dr. John Talberth at Center for Sustainable Economy, "This is a major victory for carbon rich, biodiverse forests and the laws that protect them. To stabilize the Earth's climate, all such forests need lasting protection. But tragically, under Hilary Franz's leadership, DNR has been deforesting these stands to keep logging levels at an extremely unsustainable rate rather than setting the high bar on what climate smart forestry looks like."
In their litigation, plaintiffs repeatedly pointed out that DNR's mismanagement of the landscape has all but eliminated carbon sequestration capacity. According to the latest data from the US Forest Service, DNR lands in western Washington currently rank last place in terms of the ratio of carbon captured vs. carbon released by logging and mortality (chart below). Logging mature legacy forests is part of the reason. But now that two courts have found DNR in violation of SEPA by failing to disclose these facts, the agency is being compelled to find alternatives.
According to Claudia Newman, who litigated the case for plaintiffs, "Instead of facing the reality that logging century old, structurally complex forests and replacing them with early-stage tree plantations causes significant adverse climate impacts, DNR tried to convince the court that these actions have no climate consequences whatsoever. We are grateful to Judge Ballinger for recognizing reality and ordering the agency to consider employing climate-smart, sustainable forest management tools for future harvesting projects.”
DNR's position throughout this litigation mirrored timber industry tactics in the range of false and misleading claims made about climate change, its management activities, and plaintiffs' goals. In particular:
#
For access to all pleadings filed in this case, please visit the Wishbone litigation project page here.
All Rights Reserved | Center for Sustainable Economy