A request for a temporary restraining order to stop the harvest of trees in the Dabbler timber lands was granted at a hearing Wednesday in Clark County Superior Court. (Courtesy of Tonya Enger)Photo Gallery
The sound of chain saws and logging equipment on state Department of Natural Resources forest lands in the northeast corner of Clark County has been silenced now that a temporary restraining order has gone into effect.
Clark County Superior Court Judge Derek Vanderwood issued the temporary order Wednesday in response to a request filed by the Legacy Forest Defense Coalition and Friends of Clark County.
Vanderwood said this was a challenging case with a variety of legal issues.
“I think, based on the circumstances presented at this time, the appellants have established an adequate basis for the restraining order,” Vanderwood said. “That does not mean there’s an issue that has already been decided as far as the preliminary injunction.”
The coalition and residents in the area raised the alarm last August after the state announced it would sell the timber on five parcels of land within the historic Yacolt Burn area, collectively known as the Dabbler sale, at auction the following month.
“The Dabbler timber sale targets forests that are over 120 years old, featuring diverse canopies and critical habitats for species like the Northern spotted owl,” Stephen Kropp, director of Legacy Forest Defense Coalition, said at the time. “Logging these forests violates DNR’s own policies, which require protection of older forests to achieve long-term conservation and biodiversity goals.”
The conservation group filed suit against the state and then-Public Lands Commissioner Hilary Franz in December, seeking an injunction to block the sale. Friends of Clark County joined the suit in January. In its filing, Legacy Forest Defense said the state has set targets for preserving spotted owl habitat — targets it hasn’t yet achieved — and shouldn’t be allowing prime habitat to be cut down.
The sale was paused for three months while the state completed the required environmental analysis related to the project’s 1,600 feet of road construction, 7,500 feet of road reconstruction and 25,550 feet of pre-haul maintenance.
Despite the legal challenge, DNR moved forward with the sale in late January, selling the timber to Stimson Lumber Co., which began logging the property in early February.
Ann Foster of Friends of Clark County said residents are taking a great interest in preserving green spaces, especially as forest and agricultural lands are swallowed up by development.
“This matters to a lot of citizens,” Foster said after Wednesday’s hearing. “I hear that from friends and the public.”
A hearing on Legacy Forest Defense and Friends of Clark County’s motion for an injunction is scheduled for March 21.
This story was made possible by Community Funded Journalism, a project from The Columbian and the Local Media Foundation. Top donors include the Ed and Dollie Lynch Fund, Patricia, David and Jacob Nierenberg, Connie and Lee Kearney, Steve and Jan Oliva, The Cowlitz Tribal Foundation and the Mason E. Nolan Charitable Fund. The Columbian controls all content. For more information, visit columbian.com/cfj.
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