We Are Taking DNR Back to Court
- Legacy Forest Defense Coalition
- Dec 18, 2023
- 3 min read
DNR made a commitment in 1997 to restore old growth forests across 10-15% of state forestlands in Western Washington. This commitment is clearly spelled out in the 2006 Policy for Sustainable Forests (PSF), the 1997 Habitat Conservation Plan (HCP), the 1997 Biological Opinion that accompanied the HCP, and DNR’s 2007 procedures for "Identifying and Managing Structurally Complex Forests to Meet Older Forest Targets" (DNR Policy PR 14-004-046).
DNR has completely ignored this commitment. Instead, the agency has been aggressively logging the very forests it needs to protect to meet its old growth targets.
As director of the Center for Responsible Forestry, I filed a lawsuit against DNR in October, 2021, to hold the agency accountable for repeatedly violating its legal commitments to protect and restore structurally complex and old growth forests across Western Washington. The lawsuit alleged that the “About Time” timber sale, located near Oakville, would clearcut structurally complex forests that were necessary to meet DNR’s commitment to restore old growth forests in the South Coast HCP planning unit.
In October of this year (after waiting more than two years) the Division II Appellate Court finally reached a decision… not to decide. Instead, the court found that the case is moot, because all of the trees had been cut down before the case could be heard in court.
The Policy for Sustainable Forests is a legally binding document adopted by the Board of Natural Resources in 2006, and dictates how state lands are to be managed. It requires DNR to develop landscape level management strategies to meet its 10-15% old growth targets during a forest land planning process that will be conducted for each HCP planning unit. DNR’s procedures for “Identifying Structurally Complex Forests to Meet Older Forest Targets” were developed to ensure compliance with the 10-15% older and fully functional forest objectives of the PSF and HCP. PR 14-004-046 lays out a step-by-step plan, which involves identifying existing structurally complex forest stands that will grow into older forests, designating those forests in a mapping database, and protecting them from logging until old growth targets are met in each HCP planning unit. Only after the 10-15% target is met may structurally complex forest stands be considered for harvest activities.
DNR completely ignored these procedures, and never identified, mapped, designated, or protected structurally complex forests as required.
DNR has done everything possible to avoid responsibility for their failure to comply with their own policies and procedures. It has argued that only the agency has the authority to enforce its own policies. It has argued that DNR cannot be held accountable for violating its own policies after they have been approved by the Board of Natural Resources. It has attempted to dodge the issue by claiming that individual timber sales cannot be challenged based on DNR’s general failure to follow its own policies, even if those timber sales collectively cause the policies to be violated. It has even attempted to argue that commitments are not requirements, but “aspirations”.
When the Murphy Plywood Company cut down all of the trees before our most recent case could be heard in court, DNR supported the Murphy Company’s motion to moot the case.
Court cases should be decided by judges, not chainsaws.
On December 7, 2023, the Legacy Forest Defense Coalition appealed the decision by the Board of Natural Resources to approve the "Last Crocker" timber sale. Five other organizations, including the Washington Forest Law Center, Conservation Northwest, Washington Conservation Action, the Center for Responsible Forestry, and the Olympic Forest Coalition, along with Peter Goldmark, former Lands Commissioner and head of DNR, have signed a letter to Hilary Franz urging her to postpone logging operations so that our case can proceed without an injunction. Predictably, Franz has refused, so we are requesting that the court issue an injunction prohibiting the forest from being logged until the case can be decided on its merits.
We are determined to hold DNR accountable for violating its own policies to protect and restore structurally complex and old growth forests in Western Washington. Click here for more information on our current lawsuit against DNR.
Holding large organizations accountable to their own rules is a massive uphill battle, but it's completely necessary to protect these natural ecosystems. Reclaiming these spaces takes a structured, multi-layered approach to building a long-term defense—much like the deep structural world-building you find across the pages of an immersive series like the Black Angel Book series. Stay strong in court!
This is a crucial legal battle to follow. Safeguarding our natural habitats and the wildlife within them requires absolute vigilance, especially when it comes to mitigating human impact. It's very similar to how we approach marine environments—protecting vulnerable ecosystems from disruptive disruptions is paramount. For instance, implementing proper Marine soundproofing on vessels is a major step forward in reducing environmental disturbances. Taking proactive measures with high-quality Marine Noise Insulation helps minimize the acoustic footprint we leave behind, ensuring underwater life isn't pushed to its limits. Best of luck with the legal proceedings; keeping institutions accountable is how we secure real change.
It is incredibly inspiring to see your dedication to environmental advocacy and holding institutions accountable. Taking this back to court is a major step, and transparency is absolutely vital for the community. Just like in health and wellness—where people looking for hair restoration columbia sc need honest, clear information before deciding on a hair roots treatment—the public deserves full clarity on these decisions. Thank you for continuing to stand up for accountability; your efforts are deeply appreciated!
In July 2023, Missouri’s Remote Public Access update revolutionized legal transparency by allowing the public to view actual PDF court documents—including motions, judgments, and orders—directly from personal devices for the first time. Previously restricted to courthouse terminals, this change established MoCase Net Name Search Missouri CaseNet login as one of the most accessible public court record systems in the United States, providing invaluable utility for litigants, attorneys, and journalists researching filings statewide.
It's always a good idea to verify you're on the right site. For anyone looking for reliable information, checking records like this can be very helpful.