Balance for the Logging System

Landowners who want to log their property must file a plan with the state telling how they will build roads, cut the trees, control erosion and take other steps to reduce harm to the environment. If the Department of Forestry rejects the timber-harvest plan, the landowner can appeal to the panel that oversees the department--the state Board of Forestry, which is appointed by the governor. But if the department approves the plan, people with environmental concerns have no way to appeal except to sue. That seems to us to be a system out of balance, and one that could be fixed through legislation that comes before the Assembly this week.

SB 1641, sponsored by Sen. Barry Keene (D-Benicia), would stop short of allowing citizensto appeal plans that they think do undue harm. Instead, Keene’s measure would allow the Department of Fish and Game or the state Water Resources Control Board to ask the Board of Forestry, which consists of members of the public as well as the industry, to reconsider any plan that either agency thinks might hurt the resources that it manages. People who work for these agencies are experts, and they should know when serious hazards are present; their bosses are all appointed by the same Administration, so they are also unlikely to go public with dissents just for the sake of argument.

The Timber Assn. of California opposes the bill, arguing that fish and game and water resources personnel are already on the teams that review the plans. That’s true, and they can make their disagreement known during the review. But the Department of Forestry alone makes the final decision, and it can simply overrule the other team members. Keene’s bill would add some balance to the system by creating what is now missing--an avenue of appeal for those who might oppose the logging.

SB 1641 could therefore reduce court cases. The new procedure would put the appeals process where it belongs--before a forestry board that knows the issues instead of in a courtroom. It deserves passage to put the system back into balance and strengthen environmental protection.