PORT ANGELES — A Clallam County Superior Court judge has issued a temporary restraining order to halt all logging activity in two Elwha River watershed forest parcels for 14 days.
As double assurance the forests are not logged, activists have placed debris in the middle of a road, blocking logging access to Units 3, 4 and 6 of a timber sale called Parched.
The debris is attached to a climber, who is suspended on a dunk tank platform in a nearby tree. If authorities attempt to remove the debris, the platform will drop, risking a 100-foot fall for the climber.
Together, these actions have temporarily halted logging-related activity for about 300 acres in the state Department of Natural Resources (DNR) parcels named Parched and Tree Well.
The parcels are currently being litigated on two fronts.
The first lawsuit was filed by the Legacy Forest Defense Coalition (LFDC), with support from the Earth Law Center. It argues that the DNR has not met its Habitat Conservation Plan goal of protecting a certain percentage old-growth forests across the state, and that protecting these forests could be a step toward meeting that goal.
Despite the pending lawsuit, the DNR sold the plots to Oregon-based wood product manufacturer Murphy Company in December. Since then, the company has begun preparing for the logging process by constructing logging roads.
Murphy Company could not be reached for comment on Thursday.
To pause logging-related activity while the lawsuit is being resolved, the LFDC asked for and was granted a temporary restraining order.
Judge Elizabeth Stanley’s order, issued Wednesday, stated that the LFDC demonstrated that “immediate and irreparable harm, including construction of roads, environmental damage and loss of forest resources within the boundaries of the Parched and Tree Well sales, will occur absent immediate injunctive relief.”
The respondent may file a motion to dissolve or modify the restraining order.
The next step is a preliminary injunction hearing, likely to happen in the next two weeks. A successful injunction would halt logging activity for three to four months while the lawsuit is being resolved.
In addition, the Earth Law Center, the Center for Whale Research and the Orca Network have jointly filed a lawsuit arguing that the DNR failed to account for the current best science on how industrial logging practices could impact stream flows within the watershed.
Forests near the Elwha River also have gained state-level attention. The legislative budget agreement currently under review by Gov. Bob Ferguson includes a $250,000 proviso to study the impact of future logging on the Elwha River watershed and to allow the DNR to formally assess the possibility of a Natural Resources Conservation Area (NRCA) in the watershed.
An NRCA is a designation that protects some native ecosystems, scenic landscapes and habitat for endangered, threatened and sensitive plants and animals, according to the DNR. Almost 130,000 acres are conserved in 39 state NRCAs.
Although the court has temporarily paused logging activity in these two parcels, activist Nina Sarmiento said the blockade will remain in effect until the more definitive preliminary injunction hearing has occurred.
An experienced tree climber has been positioned in the tree since shortly before 5:30 a.m. Wednesday, and Sarmiento said they have enough supplies to remain for a few weeks.
In response to the blockade, DNR law enforcement officers have been surrounding the tree 24/7. Additionally, it shut down access to the Dry Hill Recreation Area, where Parched is located, for safety reasons, according to DNR Communications Manager Ryan Rodruck.
“This stunt is dangerous, reckless and counterproductive,” Public Lands Commissioner Dave Upthegrove said in a statement. “Their actions put the safety and lives of my employees at risk, and I will seek the prosecution of those involved to the fullest extent of the law. This kind of dangerous vandalism makes it harder to advance a positive environmental agenda.”
The recreation area likely will remain closed until the activist comes down, Rodruck said, and that may result in the cancellation of the May 16 NW Cup mountain bike race that takes place in the area.
“This is really extremely dramatic, because the site is actually not blocking any mountain bike trails at all,” Sarmiento said. “It doesn’t feel good, because no one involved wants to see the recreation area closed down or see this race be canceled.”
Past sales within the Elwha Watershed have gained protection after legal action and community advocacy.
In 2023, former Public Lands Commissioner Hilary Franz canceled a 126-acre sale known as Power Plant and nominated 69 of those acres for permanent conservation.
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Reporter Emma Maple can be reached by email at emma.maple@peninsuladailynews.com.
