Federal judge rejects Ochoco NF off-road trails plan

(Update: Adding Western Environmental Law Center release)

Central Oregon LandWatch hailed a victory Thursday in its federal court challenge to a 137-mile off-road vehicle system proposed on the Ochoco National Forest, which it and other opponents said would endanger elk habitat and quiet recreation opportunities.

“Calling it “a victory for public lands, wildlife and native fish,” LandWatch said U.S. District Judge Marco Hernández ruled that the Forest Service failed to satisfy its legal obligation to study the environmental impacts of a major new trail system for off-road vehicles, and to ensure that sensitive habitat for elk, wolves, and native fish are protected.

The decision solidifies an earlier ruling from federal Magistrate Patricia Sullivan, issued last August 27, the organization said.

LandWatch filed the legal challenge to the Forest Service’s proposal to “carve up the Ochoco Mountains” with a new 137-mile off-road vehicle (ORV) route system.

“The new destination trail system posed severe threats to elk wallows and calving sites, riparian areas, and other forest visitors’ ability to hunt, fish, hike, and mountain bike in the area,” the group said in a news release.

LandWatch’s Executive Director Paul Dewey said, “There is unprecedented opposition to the proposed project because so many Central Oregonians have a special connection to the Ochoco Mountains. We are pleased that the court listened to the diverse voices of the local community who have been telling the Forest Service for years that a destination ORV trail system in one of the last quiet and serene forests just doesn’t make sense.”

The Oregon Hunters Association is one of the diverse sets of groups who also filed suit to stop the project. Hunters oppose the project because it would displace big game and reduce survival rates of the elk population by constructing trails through sensitive calving and fawning areas.

The Oregon Department of Fish and Wildlife filed legal briefs in support of LandWatch’s lawsuit, explaining to the court that when elk survival rates decrease, ODFW is forced to issue fewer elk tags, meaning fewer and fewer hunters will be free to take on the unique challenge of hunting this iconic big game species.

Robert Rock, a retired Forest Service biologist and LandWatch member, said he believes it is important to preserve the Ochoco National Forest because of the majestic sights and opportunities for convening with nature it provides Central Oregonians.

“I am an avid hunter, fisherman and woodsman, and I have a deep appreciation for this very special forest in the heart of Oregon,” Rock said. “Unfortunately, opportunities for fishing, hunting, and camping have already been severely impacted by ORVs. The Forest Service’s solution to this problem was inexplicably to build more ORV trails, in defiance of scientific information on the harmful impacts of ORV use as well as basic common sense.”

LandWatch was represented by Crag Law Center. Staff Attorney Oliver Stiefel said the court took the opportunity to dig into the issues, especially with regard to the project’s adverse impacts on elk habitat, and determined that the Forest Service violated a series of federal laws.

“The writing is on the wall for the Forest Service: the agency must do a better job of protecting healthy wildlife habitat and high-quality recreational opportunities — now and for future generations,” LandWatch concluded.

Forest Service representatives were unavailable for comment on the ruling Thursday due to the partial government shutdown and worker furloughs.

The Western Environmental Law Center issued its own release Friday on the ruling:

Court officially rejects Ochoco National Forest motorized trail system

In a final ruling late yesterday, District Court Judge Marco A. Hernandez confirmed Magistrate Judge Patricia Sullivan’s September 2018 rejection of a U.S. Forest Service plan to add 137 miles of off-road vehicle trails in central Oregon’s Ochoco National Forest through old-growth forest. The plan would have expanded the Forest’s existing network of 674 miles by 20 percent. Judge Hernandez vacated the Forest Service’s environmental analysis and final decision for the trail system completely. This means if the agency wants to pursue expanding motorized use in the Ochoco’s old-growth forests and sensitive wildlife habitat, it will need to start from scratch.

WildEarth Guardians, Oregon Wild, Great Old Broads for Wilderness, and the Sierra Club, represented by the Western Environmental Law Center, prevailed in the case. Companion cases were also brought by the Oregon Hunters Association and Central Oregon Landwatch. The Oregon Dept. of Fish and Wildlife also opposed the plan.

Seven hundred miles of illegal OHV trails already mar the Ochoco National Forest. This new Summit Trail System would have rewarded illegal off-road use by adding 20 percent more trails without offering any additional enforcement, scarring important wetlands, wildflower meadows and old-growth ponderosa pine ecosystems. OHV use harms wildlife that inhabit and migrate through the secluded Ochoco Mountains, including Rocky Mountain elk, mule deer, redband trout, and gray wolves. The Forest Service had approved the project despite major opposition from the community and concerns from Oregon’s Department of Fish and Wildlife about harm to elk calving and security areas on the forest.

“This is a big win for the Ochocos. While we are thrilled that the courts came to the rescue, the long term solution for the Ochoco Mountains will require leadership from Oregon Senators Wyden, Merkley and Rep. Walden to craft a plan that better balances wildlife, clean water, recreation, and fuels reduction. This decision by the courts was good news for Oregonians who treasure the Ochoco Mountains, from landowners to anglers to hunters and hikers,” said Jamie Dawson of Oregon Wild.

“This decision recognizes the harm that motorized use has on fish and wildlife and their habitats, as well as non-motorized, quiet recreation.” said Judi Brawer, Wild Places Program Director at WildEarth Guardians. “It’s refreshing and hopeful to see our court system upholding bedrock environmental laws, especially at a time when the Trump administration is making every effort to knock them down.”

“This decision validates Oregonians who demand more from their government,” said John Mellgren of the Western Environmental Law Center. “Obfuscation of the significant environmental impacts of such a destructive project cannot be tolerated. The decision is a victory for transparency, reasoned government decision-making, and a healthier, more climate-resilient central Oregon.”

“This is a milestone for all who appreciate healthy fisheries and wildlife habitat in the Ochoco National Forest and beyond,” said Shelley Silbert, Executive Director of Great Old Broads for Wilderness. “Protection of watersheds and wildlife must be a top priority, along with full integration of input from the state wildlife agency and the community through an open and transparent process.”

The Forest Service now has 60 days to decide whether or not it will appeal the decision to the Ninth Circuit Court of Appeals. Oregon Wild wrote a report on OHVs in the Ochocos, which is available here.

Here’s the judge’s ruling (PDF):