The Northern Spotted Owl and Oregon Law: A Research Project

February 2016.  We started this project because we wanted to learn more about the history around the spotted owl in Oregon, with special focus on the role of Oregon Law.  We recognize that the story of the spotted owl sounds different depending on whom you ask, and we want to capture as many perspectives as we can.  It is our hope that this project will not only deepen our institutional memory at the law school, but also provide insight into ongoing debates around how law schools, law faculty and staff, and law students participate in social movements.

The first part of this project is compiling a timeline.  The information below is a work in progress.

We welcome suggestions, contributions, and questions!

If you find something is missing or incorrect, or you have information to contribute, please contact us at:  spottedowlhistoryproject@gmail.com


 

The 19th Century:

1804-1806:

·        Lewis and Clark Expedition to mouth of Colombia River.

1800s:

·        Fur trappers, explorers, and traders move into the area, particularly interested in beaver pelts. [ii]

1811:

·        The Pacific Fur Company establishes Astoria.[iii]

1819:

·        In the Adams-Onís Treaty, the USA acquired Spain's rights to the Pacific Northwest.

1824:

·        George Simpson, from the Hudson Bay Company, launches campaign to drive out other competitors by creating a fur desert in the Pacific Northwest.

1825:

        Hudson Bay Company establishes Fort Vancouver

1827:

·       First Pacific Northwest Sawmill is built by the Hudson Bay Company, near what would become Vancouver, WA.[iv]

·       Some former Hudson Bay employees establish homesteads in the Willamette Valley.[v]

1833:

·       Hudson Bay Company establishes Fort Nisqually, the first known European settlement in Puget Sound.

·       Fort Nisqually was built outside what is now modern day Olympia WA.

·       The Hudson Bay Company begins sending Oregon lumber to China. [vi]

1836:

·       First Sawmill built in Walla Walla which helped to supply timber to build up the area.[vii]

1838:

·       First Cattle Drive arrives in Oregon. [viii]

1841:

·       Beginning of large scale migration to the Oregon territory (precursor to the Oregon Trail).[ix]

1843:  

·       Civil Government established in the Oregon Country/ Colombia District. Widespread migration to Oregon following the "Oregon Trail" begins.[x]

1845:

·       First US Settlements north of Tumwater established.

1846:

·       Oregon Treaty between USA and Great Britain established the boundary between USA and Canada in the Pacific Northwest.[xi] This is the current official boundary.[xii]

1848:

·       January 14: Battle of the Dalles

·       Oregon Territory is organized at the same time, the California Gold Rush begins. [xiii]

·       The Nestucca Fire burns approx. 300,000 acres of forest land along the Oregon Coast.[xiv]

1849:

·       The Siletz Fire burned over 800,000 acres of forest land near Oregon Coast.[xv]

1850:

·       4 hydro-mills built in Oregon. Timber is being sent to China, Hawaii and Australia. [xvi]

·       The first steam powered circular saw is used in a sawmill in Portland, Oregon.[xvii]

         o   In 1850, most of the energy used in the USA came from wood.[xviii]

1851:

·       Gold discovered in Southern Oregon at Jackson Creek.[xix]

1853:

·       Joel Palmer becomes superintendent of Indian affairs. He implements the use ofreservations in Oregon.[xx]

·       The Yaquina Fire burned over 480,000-acres of forest land near the Oregon Coast.[xxi]

·       February 8: Settlers north of the Columbia River petition to have the Oregon Territory divided to create the Washington Territory.[xxii]

        o   This new territory was officially created on March 2, 1853.[xxiii]

1855:  

·       Columbia River Tribes sign treaties which cede most of their lands but retain exclusive rights to fish within reservations and at all of their usual and accustomed places.[xxiv]

1859:

·       Oregon State Constitution is ratified by Congress and the state is admitted into the Union.[xxv]

1860:

1861:

·       Over a thousand volunteers from Oregon and Washington form First Washington Volunteer Infantry, which remained stationed in the Pacific Northwest during the Civil War.[xxvi]

1862:

·       The Homestead Act is passed by Congress and Gold is discovered in Eastern Oregon.[xxvii]

·       Due to the Civil War, the Army abandoned Fort Umpqua.

1864:

·       Oregon enacts its first Forestry Law which prohibits setting fires maliciously or allowing fires to spread from your property to that of another.[xxviii]

1865:

·       Silverton Fire burns 1 million acres of forestland.[xxix]

1866:

·       Paper manufacturing begins in Oregon (at Willamette Falls, Oregon).[xxx]

1868:

·       Fire burns 300,000 acres of the future Elliott State Forest.[xxxi]

1870:

·       There are 173 sawmills in the State of Oregon, 138 of which use hydro-power.[xxxii]

·       Congress passed a land grant to establish a railroad between Portland and Sacramento (The Southern Pacific Railroad), granting the railroad company lands later known as O&C lands.[xxxiii]

·       Railroad logging starts to take off in Oregon.[xxxiv]

1872:

·       November 28: The Bureau of Indian Affairs sent troops to move the Modoc tribe to Fort Klamath, where the Klamath and Yahooskin tribes (enemies of the Modoc at the time) already were living. The resulting violence became known as the Modoc Indian War.

        o   The area that the Modoc lived in was primarily lava fields and mountain forestlands in southern Oregon and Northern California.

1873:

·       Modoc Indian War Ends[xxxv]

        o   After the war, settlers opened several saw mills in the area, harvesting timber from the local area. Ranching also became an important industry and led to substantial deforestation prior to 1900.[xxxvi]

1877:

·       Nez Pierce Indian War[xxxvii]

1880:

·       Widespread logging in the Blue Mountains. Timber on Federal Lands is up for grabs. [xxxviii]

·       Change in timber cutting practices: rather than use an axe to fell trees and then cut using long saws, these saws were modified to allow them to be used to cut standing trees.[xxxix]

1881:

1882:

1883:

·       The Transcontinental railroad is finished. [xl] This railroad connected Portland with the East Coast, facilitating moving goods such as timber to eastern markets.[xli]

·       Richard Hopwood Thornton and Mathew P. Deady come up with the idea of opening a law school at the University of Oregon.[xlii]

1884:

·       Steam power started to catch on as an alternative for moving logs without the use of cattle and horses.[xliii]

1885:

·       First Paper Mill is built on the Colombia River (Camas Oregon).[xliv]     

1887:

·       Railroad connecting Oregon to California is finished, local railroads within the state of Oregon are being constructed.[xlv]

        o   The Oregon-California Railroad.[xlvi]

1889:

·       November 11: Washington Territory granted statehood.[xlvii]

1891:

·       General Revision Act: presidential withdrawal of forest reserves. Problem, no funding.[xlviii]

        o   First Reserve set aside by Benjamin Harrison.[xlix]

1892:

·       Bull Run Reserve, the first timber reserve in the State of Oregon, was established.[l]

1893:

·       The Cascade Range Forest Reserve was established.[li]

1897:

·       The Organic act and the Forest Reserve Act.[lii]

·       Organic Act allowed for fire protection and limited timber sales

·       Forest Reserve Act expanded national forest system.

1898:

·       Gifford Pinchot appointed as Chief of the Division of Forestry.[liii]

1899:

·       The Oregon State Game and Forest Warden Law was enacted.[liv]

Sources:

"History of the Timber Industry in Oregon." OPB.org. Oregon Public Broadcasting. Web. 23 Mar. 2016. <http://www.opb.org/programs/oregonstory/logging/timeline.html>.

[ii] "History of the Timber Industry in Oregon." OPB.org. Oregon Public Broadcasting. Web. 23 Mar. 2016. <http://www.opb.org/programs/oregonstory/logging/timeline.html>.

[iii] http://www.opb.org/programs/oregonstory/small_town/timeline.html

[iv] "History of the Timber Industry in Oregon." OPB.org. Oregon Public Broadcasting. Web. 23 Mar. 2016. <http://www.opb.org/programs/oregonstory/logging/timeline.html>.

[v] H. Mike Miller, Forests, People And Oregon: A History of Forestry in Oregon, Oregon State Forestry Department, (1982).

[vi] "History of the Timber Industry in Oregon." OPB.org. Oregon Public Broadcasting. Web. 23 Mar. 2016. <http://www.opb.org/programs/oregonstory/logging/timeline.html>.

[vii] H. Mike Miller, Forests, People And Oregon: A History of Forestry in Oregon, Oregon State Forestry Department, (1982).

[viii] http://www.opb.org/programs/oregonstory/small_town/timeline.html

[ix] H. Mike Miller, Forests, People And Oregon: A History of Forestry in Oregon, Oregon State Forestry Department, (1982).

[x] "History of the Timber Industry in Oregon." OPB.org. Oregon Public Broadcasting. Web. 23 Mar. 2016. <http://www.opb.org/programs/oregonstory/logging/timeline.html>.

[xi] H. Mike Miller, Forests, People And Oregon: A History of Forestry in Oregon, Oregon State Forestry Department, (1982).

[xii] H. Mike Miller, Forests, People And Oregon: A History of Forestry in Oregon, Oregon State Forestry Department, (1982).

[xiii] "History of the Timber Industry in Oregon." OPB.org. Oregon Public Broadcasting. Web. 23 Mar. 2016. <http://www.opb.org/programs/oregonstory/logging/timeline.html>.

[xiv] H. Mike Miller, Forests, People And Oregon: A History of Forestry in Oregon, Oregon State Forestry Department, (1982).

[xv] H. Mike Miller, Forests, People And Oregon: A History of Forestry in Oregon, Oregon State Forestry Department, (1982).

[xvi] "History of the Timber Industry in Oregon." OPB.org. Oregon Public Broadcasting. Web. 23 Mar. 2016. <http://www.opb.org/programs/oregonstory/logging/timeline.html>.

[xvii] H. Mike Miller, Forests, People And Oregon: A History of Forestry in Oregon, Oregon State Forestry Department, (1982).

[xviii] H. Mike Miller, Forests, People And Oregon: A History of Forestry in Oregon, Oregon State Forestry Department, (1982).

[xix] "History of the Timber Industry in Oregon." OPB.org. Oregon Public Broadcasting. Web. 23 Mar. 2016. <http://www.opb.org/programs/oregonstory/logging/timeline.html>.

[xx] "History of the Timber Industry in Oregon." OPB.org. Oregon Public Broadcasting. Web. 23 Mar. 2016. <http://www.opb.org/programs/oregonstory/logging/timeline.html>.

[xxi] H. Mike Miller, Forests, People And Oregon: A History of Forestry in Oregon, Oregon State Forestry Department, (1982).

[xxii] National Park Service: Department of the Interior, The American Civil War:

 State by State - Washington Territory, https://www.nps.gov/cwindepth/statebystate/Washington.html

[xxiii] National Park Service: Department of the Interior, The American Civil War:

 State by State - Washington Territory, https://www.nps.gov/cwindepth/statebystate/Washington.html

[xxiv] http://www.opb.org/programs/oregonstory/small_town/timeline.html

[xxv] "History of the Timber Industry in Oregon." OPB.org. Oregon Public Broadcasting. Web. 23 Mar. 2016. <http://www.opb.org/programs/oregonstory/logging/timeline.html>.

[xxvi] National Park Service: Department of the Interior, The American Civil War:

 State by State - Washington Territory, https://www.nps.gov/cwindepth/statebystate/Washington.html

[xxvii] "History of the Timber Industry in Oregon." OPB.org. Oregon Public Broadcasting. Web. 23 Mar. 2016. <http://www.opb.org/programs/oregonstory/logging/timeline.html>.

[xxviii] H. Mike Miller, Forests, People And Oregon: A History of Forestry in Oregon, Oregon State Forestry Department, (1982).

[xxix] "History of the Timber Industry in Oregon." OPB.org. Oregon Public Broadcasting. Web. 23 Mar. 2016. <http://www.opb.org/programs/oregonstory/logging/timeline.html>.

[xxx] H. Mike Miller, Forests, People And Oregon: A History of Forestry in Oregon, Oregon State Forestry Department, (1982).

[xxxi] "History of the Timber Industry in Oregon." OPB.org. Oregon Public Broadcasting. Web. 23 Mar. 2016. <http://www.opb.org/programs/oregonstory/logging/timeline.html>.

[xxxii] "History of the Timber Industry in Oregon." OPB.org. Oregon Public Broadcasting. Web. 23 Mar. 2016. <http://www.opb.org/programs/oregonstory/logging/timeline.html>.

[xxxiii] H. Mike Miller, Forests, People And Oregon: A History of Forestry in Oregon, Oregon State Forestry Department, (1982).

[xxxiv] H. Mike Miller, Forests, People And Oregon: A History of Forestry in Oregon, Oregon State Forestry Department, (1982).

[xxxv] http://www.opb.org/programs/oregonstory/small_town/timeline.html

[xxxvi] Modoc National Forest: History of the Area, http://www.stateparks.com/modoc_national_forest_in_california.html

[xxxvii] http://www.opb.org/programs/oregonstory/small_town/timeline.html

[xxxviii] "History of the Timber Industry in Oregon." OPB.org. Oregon Public Broadcasting. Web. 23 Mar. 2016. <http://www.opb.org/programs/oregonstory/logging/timeline.html>.

[xxxix] H. Mike Miller, Forests, People And Oregon: A History of Forestry in Oregon, Oregon State Forestry Department, (1982).

[xl] "History of the Timber Industry in Oregon." OPB.org. Oregon Public Broadcasting. Web. 23 Mar. 2016. <http://www.opb.org/programs/oregonstory/logging/timeline.html>.

[xli] H. Mike Miller, Forests, People And Oregon: A History of Forestry in Oregon, Oregon State Forestry Department, (1982).

[xlii] Ronald B. Lansing, Who’s First?: Which Oregon Law School Is the Original? 63 Or. St. B. Bull. 35-8 (August 2003). https://www.osbar.org/publications/bulletin/03augsep/heritage.html

[xliii] H. Mike Miller, Forests, People And Oregon: A History of Forestry in Oregon, Oregon State Forestry Department, (1982).

[xliv] "History of the Timber Industry in Oregon." OPB.org. Oregon Public Broadcasting. Web. 23 Mar. 2016. <http://www.opb.org/programs/oregonstory/logging/timeline.html>.

[xlv] http://www.opb.org/programs/oregonstory/small_town/timeline.html

[xlvi] H. Mike Miller, Forests, People And Oregon: A History of Forestry in Oregon, Oregon State Forestry Department, (1982).

[xlvii] National Park Service: Department of the Interior, The American Civil War:

 State by State - Washington Territory, https://www.nps.gov/cwindepth/statebystate/Washington.html

[xlviii] "History of the Timber Industry in Oregon." OPB.org. Oregon Public Broadcasting. Web. 23 Mar. 2016. <http://www.opb.org/programs/oregonstory/logging/timeline.html>.

[xlix] "History of the Timber Industry in Oregon." OPB.org. Oregon Public Broadcasting. Web. 23 Mar. 2016. <http://www.opb.org/programs/oregonstory/logging/timeline.html>.

[l] "History of the Timber Industry in Oregon." OPB.org. Oregon Public Broadcasting. Web. 23 Mar. 2016. <http://www.opb.org/programs/oregonstory/logging/timeline.html>.

[li] H. Mike Miller, Forests, People And Oregon: A History of Forestry in Oregon, Oregon State Forestry Department, (1982).

[lii] "History of the Timber Industry in Oregon." OPB.org. Oregon Public Broadcasting. Web. 23 Mar. 2016. <http://www.opb.org/programs/oregonstory/logging/timeline.html>.

[liii] "History of the Timber Industry in Oregon." OPB.org. Oregon Public Broadcasting. Web. 23 Mar. 2016. <http://www.opb.org/programs/oregonstory/logging/timeline.html>.

[liv] H. Mike Miller, Forests, People And Oregon: A History of Forestry in Oregon, Oregon State Forestry Department, (1982).

 

The 20th Century

1900:

·       Prior to 1900, Oregon's timber production was behind Washington and California due to inaccessibility, especially on the upper slopes of the Coastal Range and Cascades. This changed in 1900 due to the advent of new technology and increased demand for timber.

·       Frederick Weyerhaeuser bought 900,000 acres in western Washington from the Northern Pacific Railroad. (Founding what became the modern Weyerhaeuser Company) [ii]

       o   Fredrick Weyerhaeuser purchased this land from James J. Hill, for $6 an acre.[iii]

1901:

·       January 22: Death of Queen Victoria, end of the Victorian Era. At the time of Queen Victoria's death, the UK was at the height for the number of people employed in the manufacturing sector.[iv]

·       September 6th: President William McKinley assassinated. Vice President Theodore Roosevelt becomes President of the United States.[v]

1902:

·       August 9th: Edward VII crowned King of the United Kingdom.[vi]

·       The Columbia Fire: Burned 170,000 acres near Mt. Hood.[vii]

·       The Yacolt Burn: In Oregon, several fires burned sections of forestland and following the fire, thousands of timber workers were employed by Weyerhaeuser to conduct salvage operations.[viii]

        o   Weyerhaeuser also acquired its first sawmill in Washington.[ix]

1903:

·       February 17: El Yunque National Forest (now the Luquillo Forest Reserve) in Puerto Rico became part of the US National Forest System.[x]

1904:

·       Theodore Roosevelt elected President of the United States. During the same year, he put forward his corollary to the Monroe Doctrine, which allowed the USA to become involved in the affairs of other countries in the Western Hemisphere.[xi]

1905:

·       The USDA Forest Service was established.[xii]

·       The first plywood plant in the state of Oregon opens in St. Johns.[xiii]

         First commercial use of plywood in the state occurs later that year.[xiv]

·       June 27th: The IWW (International Workers of the World, Union for All Workers) founded. This organization later referred to as the Wobbies.[xv]

·       First gas powered chain saw created in Eureka, CA.[xvi]

·       Oregon's Legislature passed a law to require people to have permits to burn during fire season.[xvii]

1906:

·       Russian Empire struggles with domestic (political) issues. Agrarian reforms are introduced through the Stolypin reforms and the First Duma.[xviii]

·       Work to protect national forests from fires begins.[xix]

1907:

·       3,000 members of IWW on strike at Portland, OR saw mills.[xx]

·       Introduction of the Lookout system in Oregon forests.[xxi]

·       Oregon's legislature establishes a Board of Forestry.[xxii] This board was primarily a volunteer program under the control of faculty at Oregon State University.[xxiii]

1908:

·       Political tensions continuing to build in Europe. 

1909:

·       The IWW began publishing the Industrial Worker in Spokane Washington.[xxiv]

·       Over a thousand Oregon residents become volunteer forest fire wardens.[xxv]

·       Oregon Conservation Commission established.[xxvi]

·       Pacific Northwest Forest Protection and Conservation Association (Now the Western Forestry and Conservation Association) established.[xxvii]

1910:

·       Free speech fight in Spokane WA. During the same period, the IWW also began using terms such as "passive resistance" and "sabotage" in IWW publications.[xxviii]

·       British Columbia production of timber surpassed Québec. British Columbia on track to become the largest producer of timber in Canada (by the 1920's) and a critical source for timber used in the Europe.[xxix]

·       George Long became the general manager for Weyerhaeuser.[xxx]

1911:

·       January 26: Taft gave speech on the Canadian-US reciprocity agreement to the House. This became the foundation for NAFTA.[xxxi]

·       Oregon established new Board of Forestry, State Forestry Department, and appointed F.A. Elliott as State Forester.[xxxii]

1912:

·       IWW members in Washington timber industry go on strike. (Region: Grey Harbor)[xxxiii]

1913:

·       Almost 23% of Oregon Timber owned by Southern Pacific Railroad and Weyerhaeuser[xxxiv]

·       Compulsory Forest Fire Patrol Law enacted.[xxxv]

·       School of Forestry created at Oregon State University.[xxxvi]

1914:

·       Start of World War I

·      At the time of the death of Frederick Weyerhaeuser, Weyerhaeuser Corporation owned millions of acres in Oregon and Washington.[xxxvii]

       o  Frederick Weyerhaeuser had purchased about 2 million acres at an average price of $8.80/acre.[xxxviii]

·       Weyerhaeuser partnered with Snoqualmie Falls Lumber Company to build mill in Snoqualmie Falls, Washington.[xxxix]

1915:

·       WWI continued to intensify.

·       Weyerhaeuser's mill in Everett WA began production.[xl]

·       Over 2.4 million acres of Oregon and California forested railroad lands (given in a grant) were returned to the federal government after railroad companies failed to adhere to the terms of the grant.[xli]

1916:

·       The Everett Massacre  (WA)- IWW members murdered.[xlii]

        o   IWW adopts an anti-war resolution.[xliii]

·       Aug. 16:  USA and Britain adopted the Migratory Bird Treaty. This treaty established a uniform system of protection for all birds that migrate between the USA and Canada[xliv]

1917:

·       The USA entered World War I. [xlv]

·       Lumber strike in Pacific North West won 8-hour workday in timber country.[xlvi]

·       Snoqualmie Falls Lumber Mill, an all-electric mill, began operations in Snoqualmie Falls Washington.[xlvii]

·       US Army employed soldiers as loggers to help Weyerhaeuser keep up with war demand for timber.[xlviii]

1918:

·       July 3: Congress passed the Migratory Bird Treaty Act (MTBA), formalizing its commitment to the Migratory Bird Treaty in 1916. [xlix]

·       New style of portable chainsaw patented in Canada.[l]

·       Gasoline Chainsaw used in Oregon to increase productivity.[li]

1919:

·       Centralia Massacre (WA) - Mob of Legionnaires attack IWW hall. Wesley Everest, a IWW member was tortured and lynched by mob. Eight others members of IWW were charged with conspiracy.[lii]

·       IWW lumber strikes included a demand for US to withdraw troops from Russia.[liii]

·       The South was producing approx. 40% of the lumber on the US market.[liv]

1920:

·       Southern Forests recorded to be in fragments and total to approx. 213 million acres (some of which was new growth, the rest old-growth).[lv] (Unknown what the size of these forests were in 1880, when large scale timber moved into the South).[lvi]

·       Oregon State Board of Forestry called for increasing timber production.[lvii]

1921:

·       Weyerhaeuser began work to establish the Weyerhaeuser Steamship Company (Westwood Shipping Lines),[lviii] and successfully transported timber through the Panama Canal.[lix]

1922:

1923:

·       State inspections of logging operations began to ensure implementation of state forestry laws.[lx]

1924:

·       Congress enacted the Clarke-McNary Act of 1924.[lxi]

1925:

·       Weyerhaeuser Logged-Off Land Company formed. Purpose of this company was to find productive uses for land that had already been logged (e.g. development, reforestation, etc.)[lxii]

·       State Forest Nursery established following the Clark-McNary Act.[lxiii]

1926:

1927:

·       National Forests are contributing approx. 5% of the timber in Oregon's timber industry.[lxiv]

1928:

1929:

·       Weyerhaeuser built massive Lumber Mill in Longview Washington.[lxv]  When it opened, this mill was the largest in the world.[lxvi]

·       The Great Depression begins. At this time there were approx. 608 lumber mills, 5 paper mills, 64 planning mills, and 47 furniture companies in the state of Oregon. These mills were no longer concentrated around the Columbia River, but had branched out to other areas. [lxvii]

·       Oregon enacted the Forest Fee and Yield Tax which implemented a 5 cents per acre tax on harvested timber land.[lxviii]

1930:

·       Effects of the Great Depression intensify as millions are without jobs.[lxix]

·       Logging trucks take off as popular method for hauling logs in Oregon.[lxx]

1931:

·       US banks collapse, more job loss, and deportation of Mexican-Americans due to false accusations of job theft.[lxxi]

·       Weyerhaeuser opened its first Pulp and Paper Mill in Longview, Washington.[lxxii]

1932:

·       As the Depression continues, a group of World War I veterans travel from Portland, Oregon, to the capital, to convince Congress to pass the Bonus Bill. The bill fails in the Senate, and Hoover offers the veterans money to pay for their return trip home. When the veterans rejected this offer, violence ensued when they were forced from their camps.[lxxiii]

·       Warner Bros. Pictures released Looney Tunes: Bosko the Lumberjack.[lxxiv]

1933:

·       August 14: The Tillamook Fire began west of Forest Grove, at a logging operation. The fire resulted in over 240,000 acres being burned. [lxxv]

        o   Fire allegedly started when a tree was dragged across a downed tree. [lxxvi]

        o   Although the loggers at the site tried to put the fire out, using shovels and hoes, the fire grew very quickly (60 acres in the first hour) and quickly became out of control. [lxxvii]

o   August 24: The Tillamook Fire reached 240,000 acres in size. [lxxviii]

        §  The September rains eventually extinguished the fire. [lxxix]

·       J.P. Weyerhaeuser became the Vice President of Weyerhaeuser.[lxxx]      

·       Congress passes the Civilian Conservation Corps (CCC) Act.[lxxxi]                                                                                                                                                             

1934: 

·       Congress passed and President Franklin D. Roosevelt signed into law the Migratory Bird Hunting Stamp Act (The Migratory Bird Hunting and Conservation Stamp aka. "The Duck Stamp)[lxxxii]

         o   Duck Stamps are required today for anyone who is hunting waterfowl. However, these stamps are quite popular among stamp collectors and every year there is a contest where any artist over the age of 18 may submit a design. [lxxxiii]

         o   Since 1934, over $850 million raised from the sale of Duck Stamps has been used to purchase wetlands for the protection of waterfowl. 98% of the proceeds from the sale of these stamps goes to conservation efforts. [lxxxiv]

·       F.E. Weyerhaeuser becomes President of Weyerhaeuser.[lxxxv]

1935:

·       Precursor to the modern chainsaw invented.[lxxxvi]

·       Weyerhaeuser introduced Pres-to-log, which is comprised of scraps of wood fused together to create products such as plywood.[lxxxvii]

·       Two plywood plants opened on the Columbia River.[lxxxviii]

1936:

·       February 7: Convention for the Protection of Migratory Birds and Game Mammals, the spotted owl was added to the list of protected migratory birds. [lxxxix]

·       USA signed Migratory Bird Treaty with Mexico.[xc]

1937:

·       Weyerhaeuser begins its "Timber is a Crop" Campaign.[xci]

1938:

·      Oregon surpasses Washington as the highest producer of timber in the USA.[xcii]

·      Weyerhaeuser began its replanting program.[xciii]

1939:

·       New State Forestry Department opened in Salem.[xciv]

·       Second Tillamook Fire.[xcv]

1940:

·       The cost of replanting (per tree) in 1940 is almost double the value of a 50 year old tree.[xcvi]

1941:

·       Weyerhaeuser and MGM release a documentary titled "Trees and Homes."[xcvii]

        o   Weyerhaeuser also opens its first tree farm, the Clemons Tree Farm, in Washington.[xcviii]

·       US enters WWII in December.

        o   Shipbuilding in Oregon booms. [xcix]

1942:

·       The cost of replanting (per tree) almost equivalent to the value of a 50 year old tree.[c]

1943:

1944:

·       Timber harvests in the Pacific North West drop as demand during wartime declines.[ci]

1945:

·       The Wilson River Salmonberry Fire burned 180,000 acres.[cii]

·       Japanese Fire bombs swept into Oregon via wind currents and cause some loss of life and small fires.[ciii]

·       Smokey the Bear created to help prevent man-made forest fires.[civ]

1946:

1947:

·       Over 1500 lumber mills are in the State of Oregon. [cv]

·       Oregon enacts the Severance Tax Law with the intent that the proceeds would be used for forest research.[cvi]

1948:

·       Oregon voters pass measure to finance programs to rehabilitate state owned forest lands.[cvii]

1949:

·       Reforestation of the Tillamook Burn begins, utilizing seedlings from tree nurseries.[cviii]

1950:

·       Following a forest fire in New Mexico, a bear captured and taken to Washington DC Zoo to become live representation of Smokey the Bear.[cix]

1951:

·       Particle Board manufacturing begins in Oregon.[cx]

1952:

·       Weyerhaeuser begins a national ad campaign, highlighting its practices.[cxi]

1953:

·       Aaron Jones, UO Alumni, founded Seneca Sawmill. Seneca Sawmill became one of the largest producing timber companies in the United States. [cxii]

·       Study found that over half of the seedlings planted at the site of the Tillamook burn were damaged by wildlife.[cxiii]

·       Tree farming becoming  a booming industry in Oregon.[cxiv]

1954:

·       Studies on rodents to control and prevent them from eating new seedlings.[cxv]

1955:

·       Timber harvests in Washington increased post WWII due to housing boom. At the same time, lumber companies became more dependent on national forests as their source for timber as private sources for timber were on the decline. [cxvi]

1956:

·       F.K. Weyerhaeuser became President of Weyerhaeuser.[cxvii]

1957:

1958:

1959:

·       Weyerhaeuser Timber Co. changed its name to Weyerhaeuser Company.[cxviii]

1960:

·       Multiple Use Sustained Yield Act.[cxix]

·       Weyerhaeuser received licenses to harvest timber in publically owned Canadian forests.[cxx]

1961:

·       Weyerhaeuser harvested its first crop of second growth trees at the Saint Helens tree Farm.[cxxi]

1962:

·       Typhoon Frieda struck the Northwest on Columbus Day Storm and damaged large tracts of forestland.[cxxii] Companies who owned the damaged land expanded their sales into foreign markets to sell the excess timber.[cxxiii]

1963:

1964:

·       The Oregon Forest Department's nursery at Corvallis is converted into a forest genetics lab.[cxxiv]

1965:

·       Weyerhaeuser opened its first pulp mill in British Columbia, Canada.[cxxv]

1966:

·       Weyerhaeuser unveiled its new High Yield Forestry Plan to the board of directors.[cxxvi]

        o   George H. Weyerhaeuser became President of Weyerhaeuser Co.[cxxvii]

·       February 11 and 12: Charles Ehlert spoke to the U.S. Senate Committee on Interior and Insular Affairs, on the need to retain the present size of the Olympic National Park, as well as add additional parks to the list such as Mt. Rainier.[cxxviii]

·       Congress passes the Endangered Species Preservation Act: Provided means to list native plants and animals as endangered and gave them limited protection.[cxxix]

·       August 20: The Oxbow Ridge Fire, the fourth largest documented fire in Oregon.[cxxx]

1967:

·       Weyerhaeuser implemented its High Yield Forestry Plan.[cxxxi]

1968:

1969:

·       Congress amended the 1966 Endangered Species Preservation Act extend more protection to species facing global extinction. Congress specifically prohibited the importation and sale of these species in the United States. This act was later renamed as the Endangered Species Conservation Act.[cxxxii]

1970:

·       Eric Forsman, OSU Graduate student, published a paper on the decline of owl population in Oregon and connected it to forestry practices.[cxxxiii]

·       National Environmental Policy Act created.[cxxxiv]

1971:

·       Oregon Forest Practices Act created.[cxxxv]

1972:

·       USA signed Migratory Bird Treaty with Japan.[cxxxvi]

·       Rules for forest practices under the Oregon Forest Practices Act, were adopted by the Oregon Board of Forestry.[cxxxvii]

1973:

·       The Endangered Species Act (ESA) is passed.[cxxxviii]

         o   The act defined terms such as endangered and threatened, as well as extended the protection to all plants and invertebrates.[cxxxix]

·       Dr. Forsman and Dr. Reynolds sent letter to U.S. Congress representatives on plight of the Northern Spotted Owl.[cxl]

·       The Tillamook Burn was renamed the Tillamook State Forest.[cxli]

1974:

·       The Barred Owl first spotted in the State of Oregon. The Barred owl traditionally lived in Eastern North America prior to 1950.[cxlii]

·       Audubon Society published article on timber industry practices, particularly noting Weyerhaeuser's strengths.[cxliii]

·       Forest Land Liability Law went into effect at the beginning of the year.[cxliv]

·       Santiam State Forest established.[cxlv]

1975: 

·       U.S. Fish & Wildlife Service concluded that listing the Spotted Owl as threatened or endangered under the Federal Endangered Species Act was unnecessary because the spotted owl was vulnerable but in no immediate danger of extinction.[cxlvi]

·       The Sustained Yield process is not in use and Western Oregon considers banning the export of timber. [cxlvii]

1976:

·       USA Bicentennial celebrated in Oregon by planting seeds that traveled on the Apollo 14 Mission.[cxlviii]

·       National Forest Management Act passes.[cxlix]

·       USA signed Migratory Bird Treaty with the USSR.[cl]

·       Development of the UO Environmental Law Clinic by Prof. Axline and Prof. Bonine.[cli]

·       Professor Paul Olum named Provost at University of Oregon.[clii]

·       UO Environmental Law Clinic founded. 

   The law clinic came under fire within 4-5 months after its debut. The clinic requested that the State of Oregon to comply with state law requiring use of recycled paper in state agencies. The Foundation for Oregon Research and Education tried to pressure UO president Bill Boyd to shut the clinic down, but President Boyd found nothing wrong with the clinic.[cliii]      

1977:

·       Western Oregon Severance Tax enacted to replace the 1929 Oregon Forest Fee and Yield Tax.[cliv]

·       Forestry Program for Oregon (FPFO) published.[clv]

1978:  

·       Oregon enacted

·       The Endangered Species Act was amended to require the designation of critical habitat when listing a species as endangered. To determine the boundaries of critical habitat, the committee must review a variety of evidence, including economic and scientific evidence.[clvi]

·       Environmental groups protest the use of Silvex, herbicides 2, 4, & 5-T on forestland.[clvii]

1979:

·       Sun Pass State Forest created.[clviii]

·       The Northern Spotted Owl is selected to be an indicator species for the health of old growth forests and other species.[clix]

·       Snail Darter Exemption Case[clx]

·       Whooping Crane Exemption Case[clxi]

·       Congress amended the Endangered Species Act to create a Committee (the God Squad), which would have the power to exempt specific decisions from federal agencies from the Endangered Species Act.[clxii]

   There are seven members of this committee: the Secretary of Agriculture, the Secretary of the Interior, the Administrator of the National Oceanic and Atmospheric Administration, the Secretary of the Army, the Chairman of the Council of Economic Advisors, the Administrator of the Environmental Protection Agency, and one individual from the affected state that is selected by the Governor of the state and confirmed by the President.[clxiii]

1980:

·       UO Environmental Law Clinic filed lawsuit for Idaho Wildlife Federation against U.S. Forest Service for violating environmental law. Timber industry challenged the existence of the UO law clinic.[clxiv]

·       Provost Paul Olum named President of the University of Oregon.[clxv]

·       On staff at UO law was a lawyer from the National Wildlife Federation.[clxvi]

·       Eruption of Mount Saint Helens

        o   Weyerhaeuser began salvage logging near Mount Saint Helens.[clxvii] 

1981:

·       Dereck A. Bell became Dean of UO Law.[clxviii]         

·       UO supporter threatened to withhold donations to the University of Oregon. In addition, the State Board of Higher Education called for an investigation and pressured clinic to close. Many groups were opposed to the law clinic's connection to the National Wildlife Federation.[clxix]

·       Dave Frohnmayer became Attorney General in the State of Oregon.[clxx]

·       Economic woes (high interest rates, inflation, competition from log imports, etc.) damage Oregon's timber industry.[clxxi]

1982: 

·       National Wildlife Federation's lawyer left UO law clinic by request of the Federation and the UO president. [clxxii]

1983: 

·       March: First Western Public Interest Law Conference held at the University of Oregon School of Law.[clxxiii]

·       Oregon Attorney General's office determined that the clinic did not use state funds improperly.[clxxiv]

·       American Bar Association determined that interference in the law school clinic's activities was inappropriate. (Violated academic freedom and ethical independence)[clxxv]

·       -UO Law: Dean Holland denounced the invasion and the old-fashioned notion about universities not taking sides on contentious issues.[clxxvi]

·       -Thomas Hoyt: approached the Pacific Legal Foundation to bring lawsuit against state board of higher education for allowing the clinic to continue to operate.[clxxvii]

1984:

       Second annual PIELC conference at the University of Oregon School of Law.[clxxviii]
       May 21: Thomas v. Peterson, 589 F. Supp 1139, 1141 (D. Idaho 1984)[clxxix]

·       December 15: HELP!, a coalition of community members with the goal of eradicating the gypsy moth sent letter requesting University help with legal advice to President Olum.[clxxx]

1985:

       January:

                    January 16: President Olum sent letter to Mr. Jerry Gruber, Industrial Forestry Association, detailing the information he provided to HELP![clxxxi]
                    January 30: Formal response to Mr. Lenard Kunzman, Oregon Department of Agriculture, detailing the information and advice President Olum sent to HELP![clxxxii]

       February:

                   February 11th: Thomas v. Peterson decided in Appeals Court.  Held that the district court erred in not enjoining the construction of a road in National Forest area that did not follow ESA regulations.[clxxxiii]

       March:
                   March 2: Public Interest Law Conference at UO Law.[clxxxiv]

·       April:

        o   Oregonians for Food and Shelter published report on the Environmental Movement in the state of Oregon with focus on the Public Interest Law Conference.[clxxxvii]

·       May:

        o   May 16: Dennis Hayward, Vice President, North West Timber Association presented statement on Old Growth and the Spotted Owl to the Forestry Scholars Seminar at OSU.[clxxxviii]

        o   June 14: Response from the Western Natural Resources Law Clinic Sent to Provost Hill refuting claims in report from Oregonians for Food and Shelter.[clxxxix]

1986:

·       Professor Maurice Holland became dean of UO Law.[cxc]

·       Citizens Task Force on Timber Sale Review v. U.S. Forest Service, 1986 WL 15643 (D. Oregon 1986).

·       Forest Service releases a proposal on managing the Northern Spotted Owl.[cxci]

·       November 28: Max Strahan, the Campaign Director of Green World, filed petition with the US Fish and Wildlife Service requesting that the Northern Spotted Owl be listed as an endangered species.[cxcii]

1987:  

·       Oregon Natural Resources Council v. U.S. Forest Service, 834 F.2d 842, 843 (9th Cir. 1987)

·       Record amount of timber harvesting conducted on Federal land.[cxciii]

·       Environmental groups petition USFWS to list owl as endangered species. UO law clinic among them. USFWS again found listing owl as endangered was unnecessary. The groups challenged this by taking their case to court.[cxciv]

·       January 28: USFWS received Mr. Strahan's petition to list the Northern Spotted Owl as an endangered species.[cxcv]

·       September 11:  USFWS announced its 90 day finding period for a petition filed by Max Strahan who requested that the Northern Spotted Owl be listed as an endangered species. The purpose of this document is for the Service to announce its 90-day finding period for this petition, and to conduct a status review of the Northern Spotted Owl.[cxcvi

·       December 23: USDWS decided not to list the Northern Spotted Owl as endangered or threatened as Mr. Strawn's petition requested, and based their decision on their finding that the Northern Spotted Owl was not endangered or threatened.[cxcvii]

·       The UO Environmental Law clinic with the Sierra Club Legal Defense Fund, challenged timber sales to protect the Spotted Owl. The timber industry responded by requesting the legislature to shut down the clinic and the law school.[cxcviii]

·       Investigation into UO Environmental law clinic commenced in September.[cxcix]

·       Wednesday, November 17th: Executive Committee from the State Board of Education required and set deadline for President Olum to retire from the University of Oregon. (Meeting Minutes of University Assembly from December 2, 1987).[cc]

1988:

·       Cases:

         o   Pilchuck Audubon Society v. MacWilliams, 1988 WL 159927 (W.D. Wash. 1988).

         o   Northern Spotted Owl (Strix Occidentalis Caurina) v. Hodel, 716 F.Supp. 479, 480 (W.D. Wash. 1988)

         o   March 10: Thomas v. Peterson, 841 F.2d 332, 333-34 (9th Cir. 1988).[cci]

         o   Oregon Appeals Court Case: Nat’l Wildlife Fed’n v. United States Forest Serv., 861 F.2d 1114 (9th Cir. 1988)[ccii]

         o   N. Spotted Owl v. Hodel, 716 F. Supp. 479 (W.D. Wash. 1988)[cciii]

·       The Northern Spotted Owl is listed as endangered in Washington and threatened in Oregon.[cciv]

·       NY Times published article on UO Law Clinic's battle against the timber industry. Article mentions that UO president Olum ordered investigation. Established committee. Committee found nothing wrong with the clinic's activities.[ccv]

·       November: NY Times Article: Federal District Judge Zilly ruled that government acted illegally in not listing spotted owl as an endangered species. Gave government 90 days to provide more information before determining if spotted owl was at risk or not. Right before the ruling, the Forest Service said they would reduce timber harvests by 5%.[ccvi]

1989:

·       Cases:

        o   Portland Audubon Soc. v. Hodel, 866 F.2d 302, 303 (9th Cir. 1989).

        o   Northwest Forest Resource Council v. Robertson, 1989 WL 29917 (d. Oregon 1989).

        o   Portland Audubon Soc. v. Lujan, 1989 WL 35870 (D. Oregon 1989).

             §  Portland Audubon Soc. v. Lujan,   712 F.Supp. 1456 (D. Oregon 1989).

             §  Portland Audubon Soc. v. Lujan,  884 F.2d 1233 (9th Cir. 1989)

             §  Portland Audubon Soc. v. Lujan, 1989 WL 155694 (D. Oregon 1989)

             §  Court found that listing the owl as threatened was warranted[ccvii]

·       January:

·       February:

o   February 28: During his speech at the University of Oregon, Thomas Bartlett, chancellor of higher education, announced that Oregon could not sustain three universities.[ccviii]

·       March:

o   March 1: Canadian Forest Ministry reject calls from different groups to form a forest commission.[ccix]

o   March 26: Thirteen Earth First! protestors were arrested at Breitenbush River, after building a fire on a bridge and other acts in an attempt to prevent logging on the site. [ccx]

·       April:

o   RG published article on Oregon State Professor challenging logging of Dry Creek. The article also contained comments from the Northwest Timber Association, stating that Universities must be neutral on political disputes.[ccxi]

·       May:

o   May 31: Three protesters were arrested for blocking logging access road in Siskiyou National Forest. These protestors were part of an estimated group of 20 protestors from Earth First!.[ccxii]

·       June:

        o   June 1: University of Oregon announced approx. $2 million in budget cuts.[ccxiii]

             §  Note that the Law school is not included.[ccxiv]

        o   June 3: Approx. 1,500 logging related vehicles participated in a massive parade in downtown Eugene.[ccxv] This parade also included speeches from the timber industry, including Bruce Vincent, the executive director of Communities for a Great Northwest.[ccxvi]

        o   June 7: 9th Circuit Appeals Court ordered BLM to stop logging Northern Spotted Owl habitat in Western Oregon.[ccxvii]

        o   June 8:  U.S. 9th circuit district court judge refused to order the Forest Service to sell Grays Harbor timber area that had previously been set aside for the Northern Spotted Owl, until a proper trial occurred.[ccxviii]

        o   June 11: Register Guard published article on "The Spotted Owl Talking Blues," a song written by Jim McNatt.[ccxix]

              §  University of Oregon Commencement: President Olum calls for students to take a stand on a variety of issues, including the environment.[ccxx]

         o   June 12:  Register Guard publishes article on "Woodsy Owl," a famous cartoon used in the national anti-pollution campaign. Although the cartoon is not of a specific species of owl, the article highlights that all owls and their depictions are highly political topics.[ccxxi]

         o   After receiving death threats, the US Forest Service decided not to have employees dress up as Smokey the Bear and Woodsy the Owl, as they had done for years, for the Rose Festival in Portland, OR.

         o   President Paul Olum retired.[ccxxii]

         o   June 23: US Fish and Wildlife Service proposed (June 23, 1989) to list the Northern Spotted Owl (a subspecies of the Spotted Owl) as a threatened species. Before moving forward, USFWS solicited public comment. (54 Fed.Reg. 26666)[ccxxiii]

·       July:

·       August:

·       September:

·       October:

·       November:

·       December:

·       FWS proposes to list spotted owl as threatened under the Endangered Species Act[ccxxiv]

·       US Fish and Wildlife lists the Northern Spotted Owl as threatened.[ccxxv]

·       Weyerhaeuser shut down parts of the Snoqualmie Mill in Washington.[ccxxvi]

1990:

·       Inter-agency Scientific Committee (ISC) Report is published.[ccxxvii]

·       May: President Bush visited Portland to hear first-hand about the Spotted Owl Debate.[ccxxvii]