New Owl Decision

by Toby Thaler
Friday, May 4, 2007


On May 2, 2007, U.S. District Court Judge Marsha Peckman ruled in Seattle Audubon v. Sutherland that the Washington State Lands Commissioner can be sued in federal court for issuing forest practices permits to Weyerhaeuser that cause harm to Northern Spotted Owls. Logging of owl habitat by Weyerhaeuser and others has been a major cause of the continued decline of owl populations. This case was brought to stop Weyerhaeuser logging of remaining suitable habitat in Southwest Washington. When the current forest practices owl rules were adopted in 1996, Southwest Washington habitat received no long-term protection due to Weyerhaeuser's political pressure.

Plaintiffs Seattle Audubon Society and Kittitas Audubon Society challenged both the state's forest practices rules that permit the destruction of owl habitat, and the actual issuance of the permits by Commissioner Doug Sutherland and his regulatory chief, Vicki Christiansen. Because the U.S. Constitution prohibits suits in federal court to force state regulatory agencies to take specific actions, Judge Peckman did dismiss the case against the Forest Practices Board. However, she followed the precedent established in a number of earlier cases to find that the officials who issue the permits can be ordered to stop doing so if it is necessary to prevent harm to threatened and endangered species.

Judge Peckman's ruling, on motions for summary judgment, did not determine that Weyerhaeuser's logging had harmed owls. Whether or not Weyerhaeuser's forest practices permits, and the state officials' actions issuing them, did cause such harm and require an injunction will be determined at a trial.

Counsel for the Audubon Societies are the Washington Forest Law Center, and John Arum.