Ninth Circuit decision further hamstrings Oregon's economy

October 22, 2011, by Arnie Roblan and Bruce Hanna, Oregonian guest columnists,

The Oregonian reported on a decision by the U.S. 9th Circuit Court of Appeals that overturns 35 years of established Environmental Protection Agency policy for regulating forest roads under the Clean Water Act ("Oregon will appeal ruling aimed at curbing logging road pollution," July 25). This court case decision creates immediate problems for Oregon's timber economy – problems which our state simply cannot afford.

As Co-Speakers of the Oregon House, we know that Oregon has a rich history of responsible use of its natural resources, and has in place a strong regulatory system through the Oregon Forest Practices Act and various administrative rules. In Oregon, we have a very successful track record of protecting water quality and aquatic habitat. These "Best Management Practices" are updated regularly and strengthened in response to new scientific research. We take great pride in the way private landowners and foresters are protecting our state's natural resources.

The 9th Circuit court decision would put new burdens on both the small and large owners of Oregon's 11 million acres of private forestlands. The forest products industry is a vital part of Oregon's economic survival. With unemployment lingering close to ten percent statewide, and up in to the teens in our forestry-dependent counties, the threats presented by the 9th Circuit Court's short-sighted opinion will only further depress economic recovery.

The Court's decision potentially creates legal paralysis threatening 120,000 forest related jobs (with payroll totaling $4 billion) and $130 million in state income and severance tax revenues that pay for vital public services. The new court ruling will not achieve its intended environmental benefits. The uncertainty could force some forest landowners to convert their forests to other uses, like commercial or residential developments. And perhaps most importantly, if this decision stands, Oregon's forestry industries and those employed by it will lose market share to competitors overseas or in other regions of the country who are not subject to these burdensome permit requirements and their resulting legal exposure.

We cannot imagine a worse time to implement unnecessary and bureaucratic regulations on such a critical contributor to our state's economy. Senator Ron Wyden and Congressmen Kurt Schrader and Greg Walden have stepped up for Oregon and introduced federal legislation aimed at correcting this flawed court decision. Their legislation will restore the long-standing, sensible, state oversight that has encouraged sound stewardship and provided good jobs and clean water for Oregonians.

It is our hope that Congress will pass this legislation, and that the Obama administration will work with Congress to protect much needed jobs in our state.

Arnie Roblan, D-Coos Bay, and Bruce Hanna, R-Roseburg, are co-speakers of the Oregon House of Representatives.