AFRC Annual Meeting 2019 Legal Program Overview Offense Defense - - PDF document
AFRC Annual Meeting 2019 Legal Program Overview Offense Defense O&C Act Protect agency tools DNR Trust mandate Develop legal precedent Unsupported regulatory Defend timber volume decisions (Critical Habitat) Defend our members AFRC
AFRC Annual Meeting 2019
O&C Act DNR Trust mandate Unsupported regulatory decisions (Critical Habitat)
Protect agency tools Develop legal precedent Defend timber volume Defend our members
AFRC Annual Meeting 2019
AFRC Annual Meeting 2019
District Court Ninth Circuit 1 TRO 2 Prel. Injunction 3, 4 IPA 6 Summary Judgment 5 PI Appeal 9 Merits Appeal 7, 8 IPA
O&C Lands: shall be managed … for permanent forest production, and the timber thereon shall be sold, cut, and removed in conformity with the princip[le] of sustained yield CSNM Expansion: No portion of the monument shall be considered to be suited for timber production, and no part of the monument shall be used in a calculation or provision of a sustained yield of timber.
AFRC Annual Meeting 2019
AFRC Annual Meeting 2019
Washington, DC:
Monument & RMP cases remanded for
explanation until June 3 Oregon:
Pac. Rivers’ RMP challenge rejected Reaffirms O&C Act is a “dominant use”
statute
Magistrate Judge has recommended ruling in
favor of government in Monument suit
AFRC Annual Meeting 2019
[T]hese are real, enforceable trusts that impose upon the state the same fiduciary duties applicable to private trustees.
Washington Supreme
Court in Skamania
AFRC Annual Meeting 2019
AFRC Annual Meeting 2019
What is fiduciary duty?
Undivided loyalty Diligence Impartiality Compliance with trust terms
What is fiduciary duty? A trustee is held to something stricter than the morals of the market place. Not honesty alone, but the punctilio of an honor the most sensitive, is then the standard of behavior.
AFRC Annual Meeting 2019
AFRC Annual Meeting 2019
In order to use the Farm Bill CE, projects must:
promote stands that are resilient to insect and disease threats;
includes multiple interested persons representing diverse interests and is transparent and non-exclusive.
AFRC Annual Meeting 2019
A project that uses the Farm Bill CE:
in condition classes 2 or 3 in Fire Regime Groups I, II, or III.
AFRC Annual Meeting 2019
First case to challenge use of Farm Bill CE Three Issues
Whether the landscape designation (by
the Chief) of insect and disease treatment areas required the preparation of a NEPA analysis.
Whether the Forest Service was required to
engage in “extraordinary circumstances” review.
If so, whether impacts on the California
Spotted Owl required an EA.
AFRC Annual Meeting 2019
AFRC Annual Meeting 2019
Representative Stand Before Treatment After Treatment – Commercial Thin
Did the Forest Service demonstrate that the project maximizes the retention
growth?
AFRC Annual Meeting 2019
What does critical habitat mean? Is a decision not to exclude areas subject to judicial review?
AFRC Annual Meeting 2019
According to the ordinary understanding of how adjectives work, “critical habitat” must also be “habitat.”
(Chief Justice Roberts)
AFRC Annual Meeting 2019
AFRC Annual Meeting 2019
AFRC Annual Meeting 2019
Panel Decision on Anti-Dumping Measures
Upholds methodology used by US
Subject to appeal to WTO Appellate Body
NAFTA panel to review injury determination by ITC, May 7 2019 Countervailing Duty Dispute
WTO Panel review underway
Lawson Fite Sara Ghafouri American Forest Resource Council 700 NE Multnomah St., Ste. 320 Portland, OR 97232 (503) 222-9505; (971) 801-4864 (Lawson cell); (650) 279-3569 (Sara cell) Lfite@amforest.org sghafouri@amforest.org
AFRC Annual Meeting 2019