Recommendation comes weeks after the Grasshopper Fire underscored the cost of delaying collaborative forest management
A federal magistrate judge has recommended dismissing legal challenges to one of Oregon’s largest collaborative forest management projects, marking a major legal victory for years of work to reduce wildfire risk, improve forest health, and restore thousands of acres on the Willamette National Forest.
In a recommendation issued Wednesday, U.S. Magistrate Judge Amy Potter concluded that the Forest Service complied with the National Environmental Policy Act (NEPA) when it prepared an Environmental Impact Statement and approved the Youngs Rock Rigdon Project. The recommendation rejects claims brought by Oregon Wild and WildEarth Guardians and would grant summary judgment to both the Forest Service and the American Forest Resource Council, which intervened to defend the project.
The Youngs Rock Rigdon Project is the product of nearly five years of scientific analysis, public engagement, and collaboration between the Forest Service and the Southern Willamette Forest Collaborative. The Forest Service prepared a full Environmental Impact Statement, evaluated competing scientific viewpoints, responded to public comments, and refined the project through the administrative process before approving treatments across approximately 6,500 acres. The project will reduce hazardous fuels, improve forest resilience, maintain wildlife habitat, support recreation, and provide a sustainable supply of forest products, including about 55 million board feet of timber.
AFRC intervened because the case raised important questions about how courts should review science-based forest management decisions under NEPA. In recommending that the project be upheld, Judge Potter relied on the Supreme Court’s recent decision in Seven County Infrastructure Coalition v. Eagle County, Colorado, which reaffirmed that NEPA is a procedural statute and that courts should defer to reasonable agency judgments supported by a thorough environmental review. Magistrate Judge Potter found that the Forest Service “made a number of policy choices that are owed substantial deference,” and while “Plaintiffs disagree with some of Defendants’ reasoning and explanations,” “that is not sufficient to support a NEPA violation.”
“This recommendation is significant because the Court recognizes that the Forest Service did exactly what NEPA requires,” said Sara Ghafouri, General Counsel for the American Forest Resource Council. “The agency prepared a full Environmental Impact Statement, carefully considered competing scientific viewpoints, acknowledged potential impacts, and worked through years of collaboration before approving this project. Youngs Rock Rigdon serves important public purposes and reflects the kind of thoughtful agency decision-making that NEPA is designed to support.”
The recommendation comes only weeks after the Grasshopper Fire burned through much of the collaboratively supported Grasshopper Project on the Mt. Hood National Forest before many planned commercial treatments could be completed. Together, these projects illustrate why timing matters. Collaborative forest management projects often require years of planning, environmental review, and public engagement before work can begin. Delays increase the likelihood that wildfire will reach a landscape before managers have the opportunity to reduce hazardous fuels and improve forest conditions.
“The value of a forest management project comes from implementation. The Grasshopper Fire showed how quickly years of planning can be overtaken by wildfire. The Youngs Rock Rigdon Project gives us the opportunity to improve forest conditions before that happens, and today’s recommendation recognizes that the Forest Service followed the law in approving that work,” Ghafouri said.
The Forest Service approved the Youngs Rock Rigdon Project in December 2023 after an extensive public process that included collaborative meetings, field visits, public comment periods, and changes to the final decision in response to administrative objections. Judge Potter’s Findings and Recommendation will now be reviewed by U.S. District Judge Ann Aiken before a final decision is issued. CONTACT: Nick Smith