Dabbler Legacy Forest Logging Moving Forward!
Dabbler photo courtesy of Joshua Wright
The Latest
We are very sad to report that on March 28th, 2025, Judge Derek Vanderwood of the Superior Court of Washington denied Legacy Forest Defense Coalition and FOCC’s Motion for Preliminary Injunction (PI) of the Dabbler forest Units 1, 2 and 3 in eastern Clark County. However, we plan to have our day in court on the merits, which is scheduled for June 26th, 2025 at 3 pm in the Clark County Superior Court!
Background
As previously reported, the units consist of approximately 146 acres of legacy forest, which is the name given to naturally regenerated and structurally complex mature forests that have carbon sequestration superpowers. Legacy forests are becoming increasingly rare due to irresponsible timber sales by the Department of Natural Resources (DNR), who manage our public trust lands all over the state. If you’re not familiar with our months-long advocacy around the Dabbler sale, you can check out our previous newsletter article here for more background.
When the DNR auctions off timber, the proceeds from the sale get distributed in multiple ways, most of which goes to the beneficiaries of the trust land. Proceeds from the sale of the Dabbler units in Clark County are divided between the DNR (who get 25% off the top) and the Junior Taxing Districts (JTD’s) of Clark County, which includes cemetery upkeep, fire and emergency departments, and, in the case of the Dabbler, the Battle Ground School District. For this reason, we find ourselves in a position where auctioning off invaluable vital climate stability for our children and our ecological heritage is being linked to the quality of their education (although this type of funding is intermittent and therefore financially unsustainable as well—read more in our previous article about that), which is quite the predicament during a global climate emergency. This must change.
Preliminary Injunction Denial Explained and What Does it Mean for the Dabbler?
We have no doubt that the clearcutting by the logging company, sanctioned by Public Lands Commissioner Upthegrove’s DNR, resumed immediately after the Temporary Restraining Order (TRO) we were previously granted was lifted. By the time of the hearing on the Preliminary Injunction on March 24th, 2025, 7 acres had already been fully cut. Yes, you read that right—the logging company is being allowed to cut BEFORE we even have our day in court, with an ongoing and unsettled legal process still underway (not to mention when our own Clark County Council, prompted by local opposition to the sale, formally requested to pause the logging many months ago, prior to the auction).
The reason LFDC and FOCC asked for a restraining order and filed for a Preliminary Injunction is because the Stimson Lumber Company bought the rights to log the Dabbler at auction having been fully apprised in the auction documents (a “buyer beware” warning) that the units were in litigation. Having the TRO and also the possibility of a PI protected those units from being completely decimated and the case potentially rendered moot by the time of the scheduled “merits trial” on the matter on June 26th, 2025 at 3 pm in the Clark County Superior Court.
In it’s pleading, LFDC and FOCC challenged the DNR, Board of Natural Resources (BNR), the Commissioner of Public Lands (at the time of filing it was Hillary Franz) and the Stimson Lumber Company over the State Environmental Protection Act (SEPA) determination that the lands were of “non-significance,” as they failed to identify and protect the structurally complex nature of the forest, which is located in the Columbia Habitat Conservation Plan (HCP) planning unit. We argued that the DNR did not include the required information about structurally complex forests in its SEPA checklist. To succeed in this case, FOCC and LFDC had to “demonstrate that the Respondent’s conduct was clearly erroneous, arbitrary and capricious and contrary to law.”
The Court explained in its Order that in an effort to reach a final determination of the merits claim, it must have sufficient information to establish that LFDC and FOCC have a “clear, legal and equitable right.” At this time, the Court found that we DID NOT establish a clear, legal and equitable right to a PI. The Court immediately lifted the TRO, which allowed Stimson to resume logging. This is devastating, but we are determined to see the legal process through, and in the meantime, LFDC is winning in courts fighting other legacy forest logging across the state, so not all is lost.
What’s Next?
What does the future hold? LOTS. FOCC and our partners are determined to ensure that the process of determining which forest units are cut in Clark County be a front and center concern and consideration for Clark County residents and the Clark County Council—requiring transparency and clear communication by the DNR to the beneficiaries (us), whose lands they manage.
FOCC has also suggested to the Council that they turn to their own experts, such as the County Forester, to better understand the totality of the forest canopy in Clark County, its value to the JTD’s, its ability to protect the ecosystem, the ability to provide clean air and water to the region and, most importantly, identify non-legacy forest lands which could be exchanged for our near-old growth legacy forest lands.
In early April, a presentation was held by the County Forester, Hunter Decker, and Kevin Tyler from Clark County Public Works, which started the conversation around how Clark County manages its forests. Tune in and learn with the Council what our beautiful county has to offer the environment here!
In the meantime, we will continue to strategize to protect our local forests that are climate lifelines for our kids and grandkids, keep you informed and engaged, and send out calls-to-action as needed.
This has been quite a ride for us here at FOCC since local forest advocate, Tonya Enger, first notified us last fall about the Dabbler legacy forest timber sale and opened our community’s eyes to the value of saving such a rare and precious piece of the local ecosystem with the site walks she led.. We didn’t know anything about Dabbler or how the DNR and BNR make decisions regarding our beautiful Pacific Northwest forests. But we do now, and we hope you will all join FOCC in our commitment to DABBLER – NEVER AGAIN.