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Nemont

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Ya think that environmental laws were just rolled back during the Bush administration? Did this get your ire up during the Clinton administration?

Challenging Corporate Power
Clinton Betrays Forests: Timber Beasts Go After the Last 5%
by Bob Brister, Austin Greens


In the Pacific Northwest, old-growth forests protected in ancient forest reserves are now being opened up to clearcut logging. In the Rocky Mountains, the last big roadless areas are being invaded. Only 5% of the original old-growth forests in the United States are intact today. In the Midwest, East, and South, the last remnants of healthy forests are being "salvaged" for "forest health."

On July 27, 1995, President Clinton signed into law the 1995 Interior Appropriations Rescissions Act. This includes the "timber salvage rider" which suspends existing environmental laws governing logging on public lands. Congress held no hearings or debates on this bill. "Salvage" is a general term referring to timber sales held in areas that have been damaged by natural or anthropogenic causes (such as fire, disease, or insects). Although he had vetoed a similar measure earlier, Clinton reportedly signed the budget bill (with the rider) as part of a back room deal he made with Senators Mark Hatfield and Slade Gorton to preserve his Americorps jobs program-thus wiping out 20 years of environmental legislation.

The rationale that the timber industry offered to Congress for the salvage rider was a phony "forest health crisis" that demands clear-cutting as a cure. In fact, to the extent there is a forest health crisis, it is a result of decades of abuse of public lands. Easily accessible areas have been high-graded (i.e., the largest and healthiest stands of ancient trees have been cut); logging equipment has damaged soils; roads have fragmented formerly roadless areas; forests have been turned into tree farms; continuous fire suppression has caused tinder fuels, which otherwise would have been cleared by natural low-intensity burns, to build up to dangerous levels.

Another excuse offered in support of "logging without laws" is that dead or dying trees are going to "waste" while some timber mills do not have enough logs with which to work. Actually, those "wasted" rotting trees are an important source of soil nutrients and humus in forests. Downed, decaying wood also serves to prevent soil erosion and to slow down run-off, thus keeping water clean and sediment-free (which is of vital importance to fish such as salmon and to the wildlife and people who depend on them). Dead and dying trees are vital habitat for many species.


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To the extent there is a forest health crisis, it is a result of decades of abuse of public lands.

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One of the most galling and hypocritical arguments used by the timber industry for the salvage logging rider is that unemployed loggers need jobs. Economic data, however, show that timber industry job loss has a lot more to do with automation and raw log exports than environmental protection.

The real force behind "logging without laws" is not a phony forest health crisis or unemployed loggers; it is large timber corporations and wealthy individuals who benefit from federally subsidized logging. While government programs that serve relatively defenseless groups such as children, the poor, minorities, the sick, the elderly, and wildlife are drastically cut, corporate welfare programs such as the timber salvage rider continue unabated. Congress estimates that it subsidizes the timber industry by $750 million annually because revenues generated by timber sales on public land do not meet the government's direct cost (such as sale preparation and road-building).

The U.S. Forest Service is the largest road-building agency in the world. National Forests contain eight times as many miles of roads as our national highway system. Roadless areas serve as the last habitat for endangered species such as grizzly bear, wolverine, bull trout, and woodland caribou. Logging in these areas will further endanger these and other species, costing taxpayers more money to save them.


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Timber industry job loss has a lot more to do with automation and raw log exports than environmental protection.

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People who fish for salmon and wildlife dependent on salmon will be among those hardest hit by the timber salvage rider. Salmon migrate from streams and rivers to the ocean and then back again to spawn. They need healthy intact forests to survive. Clear-cutting trees results in soil erosion which chokes rivers and kills salmon The erosion of topsoil also makes it more difficult for new trees to grow. Forest shade regulates stream water temperature and flow level; shaded streams retain water, avoiding sharp fluctuations in water level. Clear-cutting has been blamed for most of the damage from massive floods in the Pacific Northwest earlier this year. Ten times as much water runs off a clearcut slope as a forested slope.

The new law applies "salvage" to areas that are allegedly threatened by disease, fire, or insects. Of course, such a "threat" can be invoked for any forest That is exactly what the US Forest Service does, giving timber corporations the opportunity to cut down healthy green trees and be "exempt to existing laws such as The Forest and Rangeland Renewable Resources Planning Act of 1974; The Federal Land Policy and Management Act of 1976; The National Environmental Policy Act of 1969; The Endangered Species Act of 1973; The National Forest Management Act of 1976; The Multiple-Use Sustained Yield Act of 1960; any compact, executive agreement, convention, treaty, and international agreement, and implementing legislation related thereto; all other applicable Federal environmental and natural resource laws."

This "logging without laws" act is an attack on our right to redress in a court of law. Radical Greens will recognize that the legal system has never been really effective in protecting the ecosystem (otherwise we wouldn't be reduced to fighting to protect the last 5% of ancient forest in the U.S.), but the timber salvage rider removes even the slim margin of protection that the legal system affords. That margin of protection is important as we engage in "damage control" against capitalism's depredations while we strive to construct a Green alternative.

Action needed to stop "logging without laws"
Direct actions are taking place in National Forests threatened by "logging without laws," especially in the West. Contact the Western Ancient Forest Campaign or the Ancient Forest Hotline to find out where the action is. (See contact information below.)


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Congress estimates that it subsidizes the timber industry by $750 million annually.

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Write to President Clinton, your senators, and your member of Congress, and demand that they endorse Rep. Elizabeth Furse's Rider Repeal bill, H.R. 2745. Demand that Clinton cancel the contracts of all environmentally destructive sales under the Rider. He should also order the Forest Service to stop offering green, healthy timber sales as salvage under the Rider. (Of course, all timber sales on public lands should end so that these lands can be restored as core areas for wilderness restoration. Even the Sierra Club has taken a "no cut" position on National Forests.)

Chief of Staff Leon Panetta's comment line: 202/456-6797 White House comment line: 202/456-1111 (9-5 EST). White House faxes: President, 202/456-2883; Vice President, 202/456-7044; Re-election office, 202/496-4849. E-mail: [email protected] and [email protected].

Write letters to the editor of your local newspaper urging the President to follow through on his position in favor of repeal of the logging rider by supporting Elizabeth Furse's bill (H.R. 2745) in the House and the Bradley/Boxer bill in the Senate.

Call your senators and member of Congress, asking them to support complete repeal of the Salvage Logging Rider. You can also call their local offices.

For more information
The Western Ancient Forest Campaign puts out weekly bulletins for free via e-mail. Send your name, address, organization, phone, fax, and e-mail address to [email protected] and ask to be added to the list. You can have the bulletins faxed or mailed for $25. Send to WAFC, 1101 14th St., N.W., #1400, Washington, DC 20005.

The Winter 1995/96 newsletter of Save America's Forests has 87 pages on the rider and the campaign to repeal it, including what the rider says and specifics of sales around the country. Write to SAF, 4 Library Ct., S.E., Washington, DC 20003.

Witness Against Lawless Logging (WALL) has a very active electronic board announcing protests and discussing strategy for overcoming the rider. Anyone can post to it as well as receive messages. Send an e-mail to [email protected]. Write in the message body: "subscribe wall-list".

The Ancient Forest Hotline has information on protests, rallies, and other events aimed at stopping the rider. Call 1-800- 283-5926.

Sport and commercial fishermen, a horse logger, a city water official, an economist, and Ralph Nader all speak to the economic benefits of protecting forests in a new video released by Greenfire Productions. The 11-minute video will be distributed nationwide in an effort to raise public awareness of the economic value of preserving public forests. "We cannot destroy the basis of our economy, which is the natural environment," says Glen Spain, one of the fishermen in the video. Greenfire Productions distributed thousands of copies of "Logs, Lies and Videotape," a video about the clearcut rider, earlier this year. Contact Greenfire at 503/274-6234 (phone and fax) or by e-mail: [email protected].
http://www.greens.org/s-r/11/11-20.html

Nemont
 
John Kerry is a Clinton Clone. I thought only president Bush engaged in environmental politics?


Nature and Politics

by Jeffrey St. Clair and Alexander Cockburn
Court of Last Resort: Dwyer Strikes Again

Who's the most feared environmentalist in the Pacific Northwest? That's easy. A Reagan-appointed federal judge in Seattle named William Dwyer. This says a lot about Dwyer's character, but even more about the spineless character of the current crop of environmentalists in the region.

Time and time again Dwyer has come down hard on the federal government for trampling over environmental laws. On August 2, Dwyer issued his latest rebuke: a blistering ruling that chastises the Clinton administration for not following its own logging plan for Northwest forests. Dwyer, who said the Forest Service and BLM had failed to survey dozens of rare species, issued a temporary injunction putting an immediate halt to nine timber sales and may follow through with a future injunction halting 150 other pending sales.

Dwyer's favorite target is the Forest Service, an agency that seems institutionally incapable of following the National Environmental Policy Act. A string of rulings from Dwyer in the early 1990s rocked the Northwest, when he determined that the fierce pace of Forest Service logging in ancient forests was driving the northern spotted owl, and more than 180 other species that dwell in the deep forests west of the Cascade Range, toward extinction. He handed down an injunction on new timber sales in spotted owl habitat and the old-growth wars were on.

Then along came Bill Clinton and Al Gore , who vowed in a 1992 campaign stop in Portland, to "end the standoff" over the fate of the Northwest forests once and for all. Of course, the standoff had been serving the owl pretty good. What was to come would drive the owl even closer to extinction.

Within days of taking office, the Clinton/Gore team set its sights on getting the injunction lifted and the big logs rolling back to the mills. The scheme was pure Clinton. Convene a staged "town hall" style meeting, put out a pre-fabricated plan, and induce your liberal friends to sign off on it. This shadow play was the April 1993 Forest Summit, a ridiculous display of consensus-mongering that saw enviros play footsie with executives from Weyerhaeuser. The event is best remembered for the Clinton Administration's crass attempt to censor the opening remarks of E. Kimbark McCall, the state historian, who attempted to put the session in its proper context--a hundred years of conscienceless logging by an industry that treats its workers as ruthlessly as it treats salmon streams.

McCall refused to be muzzled. He couldn't understand why the administration wouldn't allow anyone to bring up the indelicate subject of log exports--wasn't that costing the sawmill workers three times as many jobs as would be lost by protecting the owl? McCall's question went unanswered.

The enviros swallowed their tongues and went along with the pantomime. At every turn, they exhibited a willingness to compromise even more. No mention of log exports, east side forests, or of zero cut. The result was a foregone conclusion. At the close of the day, Clinton promised that he would have the Dwyer injunction lifted by the end of the summer.

Then the blackmail started. First, the message was delivered by a man named Will Stelle. Stelle was a hired gun working on "enviro relations" for the administration. He had garnered the trust of a few green lobbyists by stripping off his Oxford shirt one day to reveal an Earth First! t-shirt hidden beneath. Stelle said that if enviros wanted to get most of what they asked for in the new forest plan, they had to offer up something in return. Namely, they needed to go to Judge Dwyer and ask him to release for logging some of the sales he had halted as posing a threat to the owl. Many, including the Wilderness Society, National Wildlife Federation, and the Sierra Club Legal Defense Fund, were ready to throw in the towel at that very moment. But others held out.

Then Clinton rolled out his big gun: Bruce Babbitt, secretary of the interior and former president of the League of Conservation Voters. Babbitt--who only offers carrots to industry--came to the enviros carrying a big stick--he knew exactly how to scare the hell out of his former colleagues: threaten them with "sufficiency language," a law passed by Congress that allows agencies such as the Forest Service and BLM to violate laws like the Endangered Species Act with impunity. Unless they were willing to go along, the Clinton administration would be forced to ask Congress (then controlled by the Dems, remember) to enact a legislative rider that would overturn the injunctions. And maybe something much worse.

The deal was struck with little dissent. The most notable exception was Larry Tuttle, then head of the Oregon Natural Resources Council. Tuttle refused to sign off on the deal and the Sierra Club Legal Defense Fund (desperate to retain its clout with the administration and recoup handsome legal fees) threatened to "fire" ONRC as its clients, so it could go ahead without them. But Tuttle was savagely undercut by ONRC's conservation director, Andy Kerr. To his enormous credit, Tuttle left ONRC shortly after this debacle and has now started up a feisty group in Portland called the Center for Environmental Equity, which has taken on the mining industry, the big ranches, and the energy companies. Since the deal of shame, ONRC--despite being rewarded with lavish handouts from the top foundations--has veered close to bankruptcy, proving that it's tough to keep fooling your members.

Even more strange is that these groups had a good idea what the new Clinton Forest plan was going to look like. It fell short in every area. First, the plan didn't stop the logging of ancient forests. In fact, more than 35% of the remaining spotted owl habitat was put into the free-fire zone called the Matrix, where logging could go forward just like the good old days. But even the remaining 65% of old-growth forest wasn't safe. Although the plan said these lands were put in a category called Late Successional/Old Growth Reserves, these zones were not off-limits to logging. The plan's fine print allowed these lands to be, in Babbitt's unforgettable phrase, cut for their own good. Ecological logging--considered a joke during the Bush era--came into its own with a vengeance during the Clinton era.

When the green groups and their lawyers approached Dwyer with the outlines of this deal, he was skeptical. He harshly questioned the enviros' lawyers. He noted again and again that the Clinton plan was the bare minimum the already minimalist laws would tolerate. Whether this would save the owl from extinction, Dwyer said, he couldn't be sure. But unfortunately the case wasn't about the owl, but about following proper procedure and jumping through all the required hoops NEPA sets out for environmental impact statements. Dwyer had no choice. He had to let the injunction go and he had to approve the new Clinton forest plan--there simply wasn't any opposition to it. However, the judge did issue a warning: if any element of the plan wasn't put into action, its legal standing would crumble and an even more sweeping injunction could be in the offing.

The plan was undermined from the very beginning. First of all, the science behind the plan was makeshift. It had grossly overestimated the number of owls, marbled murrelets and salmon in the region and had downplayed how badly these species would be hurt by the amount of logging scheduled by the plan. Then, the so-called old-growth reserves took a big hit, when thousands of acres were clearcut as a result of the release of the sales formerly protected under the original Dwyer injunction. This was followed by the salvage logging rider, signed into law by Clinton in 1995, which consigned several thousand more acres of old-growth to the chainsaw.

Then the Forest Service got some bad news. Planned timber sales in marbled murrelet habitat in coastal forests were halted by a federal court. Instead of canceling the sales and returning the down payments to the logging companies, the Clinton Administration said that it would reward them with "like volume" on non-murrelet forests. This meant that the companies were given old-growth to cut on forests in the Cascade Range. Much of this was inside old-growth reserves and was prime spotted owl habitat.

By 1998, the evidence was clear. The Clinton plan was driving the owl to extinction must faster than the old cutting plans of the Bush era that Dwyer had swatted down as illegal. The Forest Service's own biologists found that across its range the spotted owl was declining at more than 8% per year since the Clinton plan had been put into effect. In California, the rate was even higher, more than 10% per year. But the most rapid decline was being seen on the Olympic Peninsula, where the owls, isolated by geographical features such as Puget Sound and by millions of acres of corporate land clearcut by Weyerhaeuser, Simpson, Itt-Rayonier, and John Hancock, were plummeting at the alarming rate of 12.3% per year. At that rate, the Olympic Peninsula owl will be extinct in seven years. Maybe less.

The owl is not going it alone. Marbled murrelet populations, doomed by increased cutting on private lands under a clutch of habitat conservation plans blessed by Babbitt, may be in even worse shape, but their population trends are much more difficult to track. Same with the coho salmon and runs of sea-run cutthroat trout. Pacific fisher, pine marten, red tree voles, bull trout, dozens of salamanders, mollusks, and deep forest wildflowers, such as the Candystick plant, aren't far behind.

All of this was quite clear more than a year ago and nobody did a thing. In fact, when a lawsuit was finally filed, by ONRC and 13 other cautious outfits, such as Tim McKay's Northcoast Environmental Center, they didn't cite the damage done to these plants and animals by Clinton's logging plan.

Instead, they retreated to familiar procedural arguments, arguing that the administration had failed to survey for many of these species before green-lighting logging plans. The suit was so timid that it didn't even request an injunction when it was originally filed more than a year ago. But when Dwyer got the chance, he slammed the Clinton Administration despite the sheepishness of the lawsuit. Simply put, Dwyer castigated the Forest Service and BLM for repeatedly violating its own logging plan.

While the big green groups were pursuing their procedural arguments (the surest route to recouping your attorneys' fees), the Native Forest Council, Friends of Breitenbush Cascades, and Chad Hanson were filing suit in Dwyer's court asking for a halt to all logging in the region. They came armed with powerful evidence: the Forest Service's own data on the spotted owl's rapid decline. This is precisely the kind of in-house evidence that Dwyer used to issue his first injunction on the owl back in 1989.

According to Tim Hermach, head of the Eugene-based Native Forest Council, they will soon file a motion to have their case consolidated with the monitoring case, so that Dwyer can use the evidence in their brief to expand his injunction across all federal forest lands in the spotted owl region.

It's about time this courageous judge was put in the same courtroom with courageous plaintiffs.
http://eatthestate.org/03-43/NaturePolitics.htm

Nemont
 
Nemont ,
If John Kerry is a Clinton clone then we have nothing to worry about , He'd have to take drama classes just to become a lame duck .
 

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