Originally published in the Getches-Wilkinson Center blog on July 30, 2024
In a victory for old-growth forests and public transparency, on May 24, 2024, a federal district court found that BLM violated the law when it approved its 鈥淚ntegrated Vegetation Management for Resilient Lands鈥� program in southwest Oregon. Colorado Law鈥檚 Getches-Green Natural Resources, Energy, and Environmental Law Clinic represents Applegate Siskiyou Alliance (ASA) in its challenge to BLM鈥檚 large-scale program.
The program, known as 鈥淚VM,鈥� authorizes a range of activities marketed as wildfire protection and mitigation, including aggressive commercial logging in old-growth forest designated as habitat for the threatened Northern Spotted Owl.
In its Findings and Recommendation, the court agreed with ASA and other plaintiffs that BLM should have prepared a more comprehensive, thorough analysis of its chosen program. Specifically, the court found that more analysis and explanation was needed because the effects of the program were highly uncertain and the scientific support for its program was controversial. The court agreed with plaintiffs that BLM selected its chosen alternative 鈥渨ithout fully exploring the conflicting research on the issue鈥� and discounted the 鈥減ossibility that treatments would exacerbate forest fires.鈥� Findings and Recommendation at 29. The court also agreed with ASA that BLM鈥檚 reliance on multi-level tiering was designed to 鈥渁llow it to maneuver around its obligation鈥� to conduct site-specific analysis of the impacts of its decision, and 鈥渂reeds problems for public participation [and] transparency[.]鈥� Findings and Recommendation at 31-32.
The court鈥檚 decision represents a victory for both ASA and NREL clinic students. Two teams of Colorado Law students served as counsel for ASA and performed a range of tasks during the academic year, including reviewing a massive administrative record, drafting and filing a motion for summary judgment, responding to motions filed by BLM and industry intervenors, and arguing the case in federal court. The students who worked on the case are:聽Gabe Mein, 3L, Grace Bushong, 3L, and Mackenzie Warden, 3L (Fall 2023 team), and Adam Wolnski, 3L, Alexandria Nielsen, (鈥�24), and Nestor Rodriguez, (LLM 鈥�24), (Spring 2024 team). All of these students deserve recognition for their tremendous work on this case!
Before the oral argument in April, NREL clinic students Adam Wolnski and Alexandria Nielsen and Professor Sarah Matsumoto got to spend time in the field with the Executive Director of ASA, Luke Ruediger. Opportunities for place-based learning are valuable experiences for NRE clinic students, and by touring the site, the students were able to see firsthand the concepts and places they鈥檝e been researching and writing about. Touring the site also set the team up well for oral argument, which lasted for nearly two hours.
After receiving the Findings and Recommendation, the parties had the opportunity to raise objections through briefs submitted to the court. The parties now await a decision from Judge Ann Aiken as to whether she will adopt or reject the magistrate鈥檚 findings. Meanwhile, the Clinic is gearing up for the coming school year and preparing to welcome a new crop of student attorneys. The students will work on behalf of ASA and other clients seeking to safeguard natural resources, protect communities from pollution, and fight the harmful effects of climate change.