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Appeals court upholds ruling stopping logging in Ore. case (9th Circus)
The Oregonian ^ | July 24, 2007 | Jeff Barnard-AP

Posted on 07/24/2007 1:56:26 PM PDT by jazusamo

GRANTS PASS, Ore. (AP) — Bush administration efforts to boost salvage logging after wildfires suffered a loss Tuesday when a federal appeals court upheld a ruling that had stopped harvest of burned trees in an old-growth forest reserve on federal lands in southern Oregon.

The 2-1 ruling by a three-judge panel of the 9th U.S. Circuit Court of Appeals upheld a ruling by U.S. District Judge Ann Aiken in Eugene that stopped the U.S. Bureau of Land Management from logging 23.4 million board feet of timber from 961 acres burned by the Timbered Rock fire outside Medford in 2002.

The appeals court found that BLM's plan to harvest dead and dying trees violated its own management plans and a mandate to maintain and preserve old-growth forest ecosystems, including trees killed by fire, under the Northwest Forest Plan, which was adopted in 1994 to protect habitat for northern spotted owls, salmon and other species.

The court also found that BLM violated the National Environmental Policy Act by failing to adequately analyze the cumulative environmental damage from scraping 33 miles of fire line and dropping 40,000 gallons of chemical retardant on the area to put out the fire, and the harvest of 6,000 acres of dead trees on neighboring private timberlands owned by Boise Corp.

In a similar case on the 2002 Biscuit fire outside Grants Pass, a different federal judge upheld a U.S. Forest Service plan that involved salvage logging in old-growth forest reserves and roadless areas.


TOPICS: Government; US: Oregon
KEYWORDS: 9thcircuit; environment; envirowackos; judiciary; logging; ruling
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To: jazusamo
The 9th Circus really enjoys being overturned. They have something like a 70-80% rate as it is. I guess they were hungry for another.
21 posted on 07/24/2007 2:47:19 PM PDT by TChris (The Republican Party is merely the Democrat Party's "away" jersey - Vox Day)
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To: Jacquerie

So according to the 9th, and other liberals, the BLM should do environmental impact studies before dropping retardent on any given fire?


22 posted on 07/24/2007 2:48:05 PM PDT by Idaho Whacko
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To: jazusamo

Thanks for the ping.

This is what it must have felt like during the end of the Roman Empire.

Crazy, just crazy.

Unfortunately, we also see many ‘decisions’ like this in Colorado too.


23 posted on 07/24/2007 3:02:55 PM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: jazusamo

Well, I say the next time they have a fire, the treehuggers can put out their own damned fire. Complaining about a fire line? Or flame retardant? These people have wasted too too much time smoking that funny stuff. You know, per capita, Oregon has way more fruits and nuts than Ca. I am in complete awe of their necessity to cut off their noses to spite their faces.


24 posted on 07/24/2007 3:10:45 PM PDT by Not just another dumb blonde
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To: jazusamo

What “wood” you expect?, they live in glass houses with marble floors.


25 posted on 07/24/2007 3:12:34 PM PDT by Old Professer (The critic writes with rapier pen, dips it twice, and writes again.)
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To: Not just another dumb blonde

I’ve lived in both states and I have to agree with you. :-)


26 posted on 07/24/2007 3:14:37 PM PDT by jazusamo (DefendOurMarines.com)
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To: jazusamo

Idiot judges.

Don’t let the log any of it!!! Let it ALL burn down.

Idiots.


27 posted on 07/24/2007 3:15:50 PM PDT by AuntB (" It takes more than walking across the border to be an American." Duncan Hunter)
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To: BKerr

Why don’t you ask the 265 homeowners, who lost their houses in Tahoe, what they could have done to prevent losing their house? All that flora and fauna that should have been cleaned up, instead being left to burn, and burn good it did. God made us stewards of this earth, and we should be cleaning where cleaning is necessary.


28 posted on 07/24/2007 3:16:33 PM PDT by Not just another dumb blonde
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To: cake_crumb

We have to fight the fires and the judges.


29 posted on 07/24/2007 3:21:54 PM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: george76

Wasn’t today the day Ward Churchill was supposed to be fired, have you heard anyhting?


30 posted on 07/24/2007 3:24:33 PM PDT by jazusamo (DefendOurMarines.com)
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To: jazusamo

No news yet :

plagerization and falsification of research.

An investigating committee found that Churchill, a tenured professor of ethnic studies, manufactured facts in some of his essays and plagiarized the work of others, including articles and art.

“We determined his writings were protected under the first amendment. But there were allegations of research misconduct,” said CU interim Chancellor Phil DiStefano.

http://www.thedenverchannel.com/news/13742972/detail.html


31 posted on 07/24/2007 3:35:36 PM PDT by george76 (Ward Churchill : Fake Indian, Fake Scholarship, and Fake Art)
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To: george76

Thanks for the link, George, good article.

I’d say he’s lucky they held it behind closed doors, it surely saved the bum some embarrassment.

Lets get on with the firing. :-)


32 posted on 07/24/2007 3:46:17 PM PDT by jazusamo (DefendOurMarines.com)
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To: Not just another dumb blonde

Not only is this the state that forbids self-service gas stations ...
to create jobs for station attendants who “know how to pump gas safely!”
... but this is the state with signs along the interstate in eastern Oregon that say,
Do Not Pass Snowplows On The Right.


33 posted on 07/24/2007 3:50:01 PM PDT by Eleutherios
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To: Eleutherios

Heck, there’s only one interstate in Eastern Oregon, and it doesn’t really have a shoulder to pass on, even if you did want to go around the snow plows. :)

I just have to share a fun little story about Oregon wildfire management... happened the summer of 1991, when I was working field archaeology crew for the Forest Service. We were working about 8 ridges over from a good sized fire, 50K acres, so we kept the scanner on all the time.

One morning, dispatch took a call from a fire crew (three guys, one pumper truck)... small spot fire, send up one more crew, and they could get it out by lunch. Lunchtime, no crew was sent, and the guys radioed requesting two crews (six more guys, two more pumpers), and they could contain and extinguish by that night. It was close to 5pm when they called down to say it was up into “road ban” (wilderness) areas, and they had no chance of catching it now. Twenty minutes later, someone else radioed in to the same dispatch, requesting a crew on another part of the forest, and the dispatcher said, “Sure thing... we have about five crews that have just been sitting here all day, nothing to do.”

Within two days, that little spot fire was consuming another 50K acres, merged with the first fires, and they all roared along in fine Complex Fire status, taking out about 200K acres before fall rains extinguished them.

That salvage sale was tied up in courts by enviros for 8 years. The dead timber rotted where it stood, and burned over every few years for the next decade. Some areas are still bare.


34 posted on 07/24/2007 3:59:34 PM PDT by Missus (We're not trying to overpopulate the world, we're just trying to outnumber the idiots.)
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To: jazusamo; abcraghead; aimhigh; Archie Bunker on steroids; bicycle thug; blackie; coffeebreak; ...
Oregon Ping

Please notify me via FReepmail if you would like to be added to or taken off the Oregon Ping List.

35 posted on 07/24/2007 4:47:37 PM PDT by Salvation (†With God all things are possible.†)
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To: jazusamo

Judge Aiken is a real head case.


36 posted on 07/24/2007 4:58:37 PM PDT by jimtorr
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To: jimtorr

She must be. I posted the threads when she sentenced nine members of the “Family” of eco-terrorists in Eugene a couple months ago and I believe she went too easy on them but there were plea bargains involved with some of them. Still I think they got too easy.


37 posted on 07/24/2007 5:05:53 PM PDT by jazusamo (DefendOurMarines.com)
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To: Not just another dumb blonde
Let’s think about this:

People build their homes where fires have been a periodic occurrence for thousands of years, and they are mad because their home burned! It’s kind of like those of us, me included (except that I’ve just moved back out), that buy/build homes in Florida knowing that it is in hurricane ally and being angry that a hurricane roared through.

Now, my original point is, people need to challenge these bureaucrats that act as if they own the land and can sell-off our (the taxpayer’s) land, and resources therein, at-will.

38 posted on 07/30/2007 9:18:32 PM PDT by BKerr (Thompson 2008!)
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