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April 2017 Archives

Timber Industry Wins Round Against Spotted Owl

Although it may ruffle the feathers of environmentalists, a federal appeals court ruled in favor of the timber industry and against the spotted owl in the Pacific Northwest.

The U.S. Circuit Court of Appeals for the District of Columbia said a lumber association has standing to sue the U.S. Fish and Wildlife Service over its designation of 9.5 million acres of land as a critical habitat for the northern spotted owl. The decision revives a lawsuit by the American Forest Resource Council that claimed the regulation cut back the industry in California, Oregon, and Washington.

"The Council has demonstrated a substantial probability that the critical habitat designation will cause a decrease in the supply of timber from the designated forest lands, that Council members obtain their timber from those forest lands, and that Council members will suffer economic harm as a result of the decrease in the timber supply from those forest lands," the appellate panel said in Carpenters Industrial Council v. Zinke.

The EPA, now under new management, wants to delay litigation over its 2015 smog standard. The agency asked the D.C. Circuit last week to put off upcoming oral arguments in an appeal challenging the standard. On Tuesday, the circuit complied, postponing arguments while the EPA reconsidered its position.

The standard, intended to reduce air pollution and prevent lung and heart disease, was challenged by ten state attorneys general, including Scott Pruitt, who has now become the EPA's Administrator. The delay gives the agency time to review the regulation "to determine whether the Agency should reconsider the rule or some part of it."