Oregon Natural Resources v. Timber Products Co.

I. FACTUAL & PROCEDURAL BACKGROUND

Following a series of lightning strikes, on July 13, 2002, the Medford District of the BLM was devastated by the “Tim- bered Rock” fire. This fire burned approximately 12,000 acres of land in the district, all within an area known as the Elk Creek Watershed.2 Under federal law, Elk Creek is a “Late- Successional Reserve,” which entitles the area to heightened environmental protection.

Following the Timbered Rock fire, the BLM began consid- ering a range of options of how to revitalize the Elk Creek area.3 The BLM considered the environmental impacts of various alternatives, ultimately devising the Timbered Rock Project. On August 15, 2003, the BLM announced the availability of a Draft Environmental Impact Statement for the Timbered Rock Project, and indicated that it would accept public com- ment until October 14, 2003. On January 30, 2004, the BLM made public the Project’s Final Environmental Impact State- ment (“Timbered Rock FEIS”), and on March 23, 2004, the BLM issued its Record of Decision for the Timbered Rock Project (“Timbered Rock ROD”).

Pursuant to the Project, the BLM proposes to log more than 961 acres of…