Judge Blocks Timber Sales in Three States

AP ^ | 1/9/6 | GENE JOHNSON

[SmithL]

Seattle -- A federal judge who struck down a Bush administration decision to ease logging restrictions last summer issued an injunction Monday blocking as many as 144 timber sales in three states.

The sales in Washington, Oregon and northern California had been approved under the administration's decision to stop requiring that the Forest Service and Bureau of Land Management look for and protect rare plants and animals before logging on 5.5 million acres covered by the 1994 Northwest Forest Plan.

The Bush administration eliminated the so-called "survey and manage" rule in spring 2004 as part of a legal settlement with the timber industry. Environmental groups sued over the decision, arguing that it was arbitrary and that the government had not evaluated what the impact would be on protected species such as the great gray owl.

Last August, U.S. District Judge Marsha Pechman agreed, striking down the new rule. At the time, she did not say whether she would allow the 144 timber sales — approved since the rule's adoption — to proceed. About half of those sales included old-growth logging.

[SmithL]

Marsha J. Pechman


Another Ninth Circuit district court vacancy has been filled with the confirmation of King County, Washington, Superior Court Judge Marsha Pechman to the bench on September 8, 1999. She will fill the position to be vacated by Judge William Dwyer, who is retiring as United States district judge for the Western District of Washington.

Senators Patty Murray (D-Wash.) and Slade Gorton (R-Wash.) in January picked Pechman with the help of a 12-member panel and sent her name to the White House for an FBI check. President Clinton nominated Judge Pechman on March 24.

Judge Pechman, 48, of Seattle, has served on the King County bench since 1988. Prior to that, she worked as a deputy prosecutor with the King County Prosecutor’s office, as an associate and partner with Levinson, Friedman, Vhugen, Duggan, Bland and Horwitz, and as a law professor at the University of Puget Sound and the University of Washington.

Judge Pechman earned her undergraduate degree from Cornell University in 1973 and her law degree from Boston University in 1976.

[Torie]

Environmental groups sued over the decision, arguing that it was arbitrary and that the government had not evaluated what the impact would be on protected species such as the great gray owl.

Can't have that. Owls are wise, and we needs as many of them as possible. Kudos to the judge.

[JasonC]

It is long past time to stop obeying activist judges and to instead just laugh at them, issue your own executive branch fatwas, and tell them to get their publicists to enforce their lawless commands.

[bybybill]

Not elected, answers to nobody, and not responsible for the results of her decision.

[jazusamo]

Most of the judges on the 9th Circuit are synonomous with fascist.

[aliquando]

Tree in forest falls on judge. Nobody hears it or misses judge. NOW THATS A HEADLINE I WOULD LIKE TO HEAR!!!

[B Knotts]

Another liberal judge abusing her position. Big surprise.

[speedy]

We need to make it easier to remove judges.

I agree and have thought that for years. Unfortunately, unelected judges would just strike down any process that threatened their power. The only way around them is to impeach them (nearly impossible) or to defy their orders, and in that case, the official doing so is likely to be impeached. This may actually be a problem to which there is no solution, short of overwhelming public support to disobey judicial decisions. The judges know this, which is why they can be so breath-takingly arrogant and unconcerned about the consequences of their decisions.

[JasonC]

Remove them when you get around to it, but don't obey them. None of this crap is law.

[enviros_kill]

[forester]

In her decision Monday, she reinstated the survey-and-manage rule, and made clear that no timber sales would proceed unless they met that standard.

The cost of survey and manage exceeds the value of the trees. In addition, it is worded such that one could never survey enough to survive a legal challenge. The notion that one can obtain a job that required one to not produce anything, (ie survey for toadstools, lichen, and rodents) is destroying the manufacturing base of this country.

[forester]

Great post, first time I ever bookmarked a cartoon.

[SierraWasp]

"...is destroying the manufacturing base of this country."

Well no kidding! That's exactly what these arrogant judicial bastard commies want... To "Bring It All Down... Maaaaaaaaaaaaaaaaaan!!!"

They hate America every bit as much as the damned terrorists!!! They hate YOU forester!!! They consider you a murderer and a feeder of evil capitalism and probably a "breeder" too!!! (because you're hetro-sexual and make babies)

GANG-GREEN!!! The epitome of America Haters!!!

[schu]

About half of those sales included old-growth logging

If this is true, and I am dubious, then I would NOT support logging these acres. Nonetheless, the judge cannot just make rulings like this. There is no reason to log old growth, even if the timber companies want to. 2nd and 3rd growth is fine.

schu

[SierraWasp]

Rocky! You see what this sadistic bich of a Clinton annointed pisspoor excuse of a "judge" has done right here? The idiot she replaced was the demonic despot that did the same thing time and again, supposedly on behave of the Northern Spotted Owl in the early 1990's! She's just keepin it goin!!!

One way or another this fallacy has got to be stopped!!! See my tagline! This is GOVERNMENT SPONSORED religious zealotry!!!

[forester]

Hey there waspman, didja see our State senator's (Aanasted) comments on the gubs $222 billion boondoogle? He said he cant support 'cuz nothing would get built - the enviro's would sue each and every project. He said he can't support it unless it is tied to a revamp of the State's current environmental review laws (ie CEQA)...and here I thought I was the only one to think that!!!!!!

[SierraWasp]

"Kudos to the judge."

Are you serious? You can't mean that... Can you screw your mind up to really believe this extreme and arbitrary measure has anything whatsoever to do with "wisdom?" Whoa...