Protections for large trees in Eastern Oregon reestablished by federal judge
By Joe Hathaway on Wednesday, April 10th, 2024 in More Top Stories Northeastern Oregon News
EASTERN OREGON — A federal judge has signed off on a return to protections for larger trees in national forests growing east of the Cascades.
The order brings back rules that had stopped logging trees bigger than 21 inches across in six forests in eastern Oregon and Washington, covering more than 8 million acres of public land.
In 2020, the U.S. Forest Service revised its guidelines, commonly referred to as “Eastside Screens.” The amendment eliminated the agency’s longstanding 21-inch standard, commonly known as the “21-inch rule,” which had prevented large trees from being logged since 1994.
According to the Forest Service, this change was necessary to reduce forest density and mitigate the risk of wildfires.
A group of conservation groups sued the agency in 2022, arguing the policy change violated national forest and species protections laws. In 2023, U.S. Magistrate Judge Andrew Hallman, based in Pendleton, recommended the Forest Service reinstate protections for large trees, pending final approval from a U.S. district court judge.
In March 2024, Judge Ann Aiken of the District of Oregon issued an order endorsing Hallman’s recommendation. Aiken determined that the Forest Service had breached several federal laws and had not adequately assessed the amendment’s effects on aquatic species.
Aiken’s order mandates that the Forest Service draft an environmental impact statement, which includes gathering public comment.
Conservation groups, such as the Greater Hells Canyon Council(GHCC), based in La Grande, are applauding Aiken’s decision.
“Trees 21” in diameter and over make up only 3% of trees in our National Forests, yet they have an outsized importance for wildlife habitat,” said Jamie Dawson, conservation director for the GHCC. “These large and often old-growth trees are also the most resilient to fire. The Forest Service met its management goals with these protections in place for over 30 years. We expect they will continue to do so now.”
The U.S. Forest Service tells Elkhorn Media Group that “since we’re still under litigation, the Forest Service policy is to not provide any comments.”
