April 27, 2022, 1:50 p.m.
Attorney General Ellen Rosenblum calls Wednesday’s Oregon Court of Appeals decision to overturn a verdict of $1.1 billion in a case involving thirteen county, taxing districts, and the state, a victory both for Oregon’s environment and sound forest management.
The Department of Justice Office of the Advocate General released a statement titled County of Linn (Violation of Oregon Timber Harvest Management). It addressed how the state manages timber harvests in state forest land. According to the release, Oregon was found not in violation of a state and local agreement on timber harvests. The court stated that the state had balanced the financial benefits from timber production with other benefits, such as water quality or wildlife habitat, and provided recreation opportunities.
Rosenblum stated that the court accepted the state’s legal position and recognized that Oregon’s forests have a wide range of economic, recreational, and environmental uses. The Department of Forestry is authorized to balance these uses in order to ensure Oregonians receive the highest value.
Governor Kate Brown also spoke out on the subject. Brown stated that Oregon manages its forests for the benefit and prosperity not only of this generation but also of future generations. Brown stated that the decision was a confirmation of the fact that a balanced and science-based approach in public forest management will yield the best long-term outcomes for all Oregonians. This includes the counties and taxing district that receive revenue from state forests. Brown stated that the state and counties are capable of working together to find a sustainable solution for supporting essential services for Oregonians.
According to the release, the Board of Forestry has been required by state law to manage state forests in order for them to have the greatest possible permanent value. The 1998 Board of Forestry adopted a rule that defined the highest permanent value of state forests. It also agreed that the Department of Forestry would maintain a balance between multiple uses and values of the forests. According to the release, the rule stated that while environmentally sound timber production is important, it does not exclude other uses that provide a full range social, economic, environmental benefits for the people of Oregon.
In 2016, a group of counties sued the state, arguing that the best way to preserve more than 700,000. acres of state forest land is to maximize timber production revenue, which by state law is shared with the counties. The Linn County jury sided with the counties and awarded $1.1 billion to them, plus more than $160 millions for attorney fees.
