A decision by the Oregon Supreme Court’s decision to not accept the appeal of a $1 billion breach of contract lawsuit brought by 13 counties and numerous taxing districts against the Oregon Department of Forestry, will ultimately result in more wildfires and poorly managed state forest lands, Linn County Commissioner Roger Nyquist said Tuesday morning.

Commissioners Sherrie Sprenger and Will Tucker concurred with the board chairman’s comments.

Linn County took the lead in a class action lawsuit that was announced in 2016 and was heard in Linn County Circuit Court over 21 days in October and November 2019.

The court ruled in favor of the class members which included fire and library districts among others, who argued that in the 1930s and 40s the state had taken over control of more than 700,000 acres of mostly cut-over timber lands in numerous counties with a contractual promise to manage those lands with the “greatest permanent value” as a priority. The class members argued that for decades that meant timber harvesting and reforestation that provided income to the counties and taxing districts.

A jury found in favor of the litigants, but in April 2022 the Oregon Court of Appeals reversed that decision. The class members hoped the Supreme Court would hear the case.

A D V E R T I S E M E N T

A D V E R T I S E M E N T

“This is about more than just money,” Nyquist said, “If the state does not change its direction in terms of forest management, we will likely see more wildfires. The forests produce flammable materials two to three times their rate of removal. That program will undoubtedly lead to more catastrophic wildfires.”

Nyquist said the state will also likely see more pre-emptive power shutdowns like the mid-valley experienced a week ago. Power companies, fearing high winds would down power lines, shut off electricity for nearly 24 hours in some parts of Marion and Linn counties.

“Taxpayers may also see a small portion of the income taxes taken out of their paychecks to build homes (habitat) for spotted owls that will never show up,” Nyquist said. “It’s not in the best interests of the citizens of Linn County.”

Nyquist said class members — especially county commissioners — will now need to move the issue to the State Legislature which will convene in February and into the new governor’s office, in January.

“We must force continued public conversation about this issue,” Nyquist said.


--Ben Fisher

Post Date: 2022-09-25 15:26:32

Last Update: 2022-09-25 15:35:02