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Breaking News: Earthrise Files Second Suit to Stop Logging of Old Growth at Popular Recreation Site in the Ochoco National Forest

Despite twice unsuccessfully proposing to commercially log many of the large old growth firs around Walton Lake, the Forest Service is back at it - again proposing to clear cut the entire old growth fir forest bordering the lake that is supposed to be managed to protect scenic views. In December 2020 Earthrise filed a complaint on behalf of Blue Mountains Biodiversity Project to again halt this unnecessary logging project, and to again advocate a much more tailored approach to address potential hazardous conditions near developed recreation areas. In addition to the recurring issues with the EA for this project, the Forest Service is also proposing inappropriate amendments to the Ochoco Forest Plan in order to meet the impermissibly narrow stated purpose and need of this project, and the agency has continued to illegally retain a logging contract from the original unlawful sale in 2016.

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Dear Friend,

Through the challenging and unprecedented times 2020 has brought us, we at Earthrise have done our best to stay focused on our dual missions of protecting the environment and training the next generation of advocates to do the same. We have continued to hold polluters accountable for their assaults on the environment. And we have remained steadfast in our fight against the destructive environmental policy decisions that have been flowing from the White House for four years. Here are just some of our achievements from this past year:

Achieved a sweeping victory on behalf of San Francisco Baykeeper that overturned the U.S. EPA’s determination that historic salt ponds were not “water” protected by the Clean Water Act, saving the Bay’s important salt pond habitat from future development.
Successfully settled a precedent-setting case, on behalf of Northwest Environmental Advocates, alongside co-counsel at Kampmeier & Knutsen, which will require the State of Washington and federal agencies to better protect Washington’s waters—and species like salmon and orcas—from agricultural and other “nonpoint source” pollution.

On behalf of Sierra Club, Appalachian Mountain Club, and the Natural Resources Council of Maine, sought a preliminary injunction against the Army Corps related to an electrical transmission corridor planned to cut through Maine’s North Woods, causing environmental harm and bringing power from highly destructive “megadams” in Canada that release greenhouse gases and poison traditional food sources of indigenous communities.

Photo of the view from Coburn Mountain in Maine’s North Woods, courtesy of Carey Kish.

In a related case, on behalf of Sierra Club, sued the U. S. Department of Energy for failing to produce documents under FOIA that would enable Sierra Club to provide meaningful comments on the Department’s role in the Maine transmission corridor.
Appealed to the D.C. Circuit on behalf of Food & Water Watch challenging the USDA’s federal loan assistance to a polluting chicken CAFO on the eastern shore of Maryland.
Also with Food & Water Watch, took EPA to task in the Ninth Circuit for failing to require CAFOs in Idaho—the nation’s third largest dairy producing state—to monitor for water pollution, despite the fact that widespread pollution from Idaho CAFOs harms salmon and other aquatic species.

Worked with a coalition of forest protection groups to submit comments urging the Forest Service to reconsider its proposal to remove the current mandatory protections for eastern Oregon and Washington’s large, old trees.
Sought a preliminary injunction to protect the Māui dolphin, a critically endangered marine mammal that lives only off of New Zealand’s North Island, from commercial fishing nets—as the population has dwindled to approximately 60 animals, this litigation may very well be the last chance to save the Māui dolphin from extinction.

Photo of a Maui Dolphin, courtesy of Sea Shepherd New Zealand

Successfully settled, on behalf of the Northwest Environmental Defense Center (NEDC), a Clean Water Act suit against a Portland-based steel manufacturer for violating its industrial stormwater permit, securing pollution-reductions and funds for a project to benefit the Columbia Slough.
Went back to court (again), on behalf of Cascade Forest Conservancy, to challenge the government’s flawed decision to allow mineral prospecting just outside of Mt. St. Helens National Monument.
Briefed summary judgment in our lawsuit to stop the Forest Service from logging some of the few remaining large trees in California’s Inyo National Forest.
Worked with our client National Parks Conservation Association to submit extensive comments on the Navy’s proposal to increase its fighter jet training exercises over Olympic National Park, one of the quietest places in the Lower 48.
On behalf of the NEDC, intervened as a defendant in a lawsuit brought by Oregon municipalities that seeks to overturn DEQ’s progressive new “Phase II” municipal stormwater discharge permit.
Teamed up with Lewis & Clark’s Animal Law Litigation Clinic to challenge the USDA’s decision to remove the limit on how quickly slaughterhouses can kill pigs; without limits, these facilities will likely boost production, magnifying the disastrous environmental effects of CAFOs.

As we approach the new year, we look forward to brighter days ahead: hope for a new administration that prioritizes the environment; hope that the Americans who mobilized this year will continue to use their voices; and hope that together we can make meaningful change. But we have much work ahead. We must undo the bad environmental decisions made by the Trump administration and continue to watchdog private polluters and developers who go unchecked by state and federal agencies.

Your support will allow us to continue to achieve great results for the environment, and provide excellent learning opportunities for students, so that they too can join the fight when they graduate. Please include a tax-deductible donation to Earthrise in your year-end giving. Visit earthriselaw.org to donate today.

With warm wishes for the holidays and with all of our optimism for the new year,

Allison LaPlante Tom Buchele

Clinic Co-Director Clinic Co-Director

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Earthrise Law Center at Lewis & Clark Law School 10015 S.W. Terwilliger Blvd.
Portland, OR | 97219 US

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