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Protecting the environment by providing legal services for forest cases of statewide significance

Protecting the environment by providing legal services for forest cases of statewide significance.

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NEDC v. Brown

U.S. Court of Appeals for the Ninth Circuit, No. 07-35266; U.S. Supreme Court Nos. 11-338 and 11-347

 

In a unanimous opinion issued August 17, 2010, the Ninth Circuit Court of Appeals ruled that polluted run-off from logging roads is subject to regulation under the Clean Water Act.   In mid-September 2011, both the timber industry and the State of Oregon filed petitions for certiorari requesting that the Supreme Court review the case.  Opposition brief papers are due in mid-November 2011.

 Clean Water Act

Sierra Club SFI non-conformance complaint against Weyerhaeuser

  

Complaint filed October 1, 2009

Complaint alleges Weyerhaeuser violated several of SFI’s environmental standards when it conducted logging and roadbuilding on extremely steep and unstable slopes

ForestEthics complaint against SFI filed with the Federal Trade Commission 

Complaint filed September 9, 2009

Complaint alleges that SFI engages in deceptive and misleading national advertising

ForestEthics complaint against SFI filed with the Internal Revenue Service

Complaint filed September 9, 2009

Complaint reports SFI for potentially inappropriately using a tax-exempt “public charity” for funding, operating, and marketing its private forest certification label

CIC v. Salazar

U.S. District Court, District of Columbia, No. 1:08-cv-1409-EGS

On September 1, 2010, the U.S. District Court remanded the spotted owl recovery plan to the U.S. Fish and Wildlife Service and also announced its intention to remand the 2008 northern spotted owl critical habitat designation, on a schedule to be determined by the court.

Challenge to Northern Spotted Owl Recovery Plan and critical habitat designation

FSC v. USTR 

U.S. Court of Appeals for the Ninth Circuit, No. 09-35985

Argued and submitted for decision November 2, 2010; a memorandum affirming the District Court's decision was issued Dec. 1, 2010.  The Court issued a mandate on Jan. 25, 2011, concluding litigation.

Miscellaneous Receipts Act, NEPA

CBD v. USTR

U.S. Court of Appeals for the Ninth Circuit, No. 10-35102 

Argued and submitted for decision November 2, 2010

Freedom of Information Act

Skagit County v. State of Washington

Skagit County Superior Court No. 05-2-00246-1

Settlement reached and case dismissed in July 2009

State Trust Lands, Water Quality
Alpine Lakes Protection Society, et al. v. Washington State Forest Practices Board

Washington State Supreme Court No. 79993-8

Appeal filed August 2005; Court of Appeals issued decision October, 2006; Petition for Review filed March, 2007 (joined with ALPS v. Ecology, below); the Supreme Court denied review in February 2008, terminating the case

Cumulative Effects of Multiple Forest Practices, Forest Aesthetics

Alpine Lakes Protection Society, et al. v. Washington State Department of Ecology

Washington State Supreme Court No. 79993-8

 

Appeal filed July 2004; Court of Appeals issued decision October, 2006; Petition for Review filed March, 2007 (joined with ALPS v. FPB, above);  the Supreme Court denied review in February 2008, terminating the case

State Environmental Policy Act

The Mountaineers v. DNR and Plum Creek Timber Company

Thurston County Superior Court No. 02-2-00490-1

 

Stayed in Superior Court pending a resolution of ALPS v. FPB and ALPS v. Ecology; the Supreme Court denied review of the companion cases in February 2008, terminating the case

 

Cumulative Effects of Multiple Forest Practices, Forest Aesthetics

Seattle Audubon Society v. Norton

U. S. District Court, W.D. Washington, No. C05-1835

 

Case settled in September, 2006; Services agreed to do a Recovery Plan

 

Northern Spotted Owl Recovery Plan

Washington Environmental Council v. Sutherland

King County Superior Court No. 04-2-26461-8SEA

 

Case settled in March 2006

 

Sustainable Harvest, Cumulative Effects, Northern Spotted Owl, Salmon

State Owned Forests v. Sutherland

Washington State Supreme Court No. 76431-0

 

The Court of Appeals issued a decision in 2004; the Supreme Court denied review in 2005, terminating the case.

 

Cumulative Effects of Multiple Forest Practices, State Trust Lands

Washington Environmental Council v. DNR and Weyerhaeuser Company

Forest Practices Appeals Board No. 01-007

 Decision issued April 2002

 

River Channel Migration Zones

Kettle Range Conservation Group v. DNR and Stimson Lumber Company

Washington State Supreme Court No. 75358-0

 

The Court of Appeals issued a decision in 2003; the Supreme Court denied review in 2004, terminating this case.

Cumulative Effects of Multiple Forest Practices

NWEA v. Washington State Forest Practices Board

Washington State Supreme Court No. 70874-6

 

The Supreme Court issued a decision in April 2003.

 

Cumulative Effects of Multiple Forest Practices