Court ruling allows forest thinning in southern Kern to move forward
Jul. 1—Two forest-thinning projects in the Frazier Park area have taken a significant step forward with a pair of recent federal court decisions not to rehear further challenges by conservation groups.
The U.S. 9th Circuit Court of Appeals cleared the way for work to begin on a 1,200-acre project above Cuddy Valley that the U.S. Forest Service says will address tree mortality and reduce a dangerous accumulation of fuels in that portion of the Los Padres National Forest.
A separate but related 1,626-acre project the Forest Service plans to undertake further west at the base of Mount Pinos also received a favorable ruling, but before tree-clearing may begin, the federal agency was required by the court to do further analysis on the diameter of trees selected for clearance.
The two court decisions, dated June 21 and June 24, bring to a close about three years of legal wrangling over forest-thinning efforts the federal government says are necessary for wildfire safety and forest health, but which conservationists argued not only cut corners by forgoing detailed environmental reviews but which may be less effective than doing smaller-scale clearance projects near residences in heavily wooded areas.
Executive Director Jeff Kuyper of Santa Barbara-based Los Padres ForestWatch, which joined other conservation groups in opposing the projects, said by email Thursday forests remain essential for removing climate pollution, storing carbon, safeguarding wildlife and providing clean drinking water.
"We will continue to push back whenever the Forest Service exploits a loophole to fast-track commercial logging projects in mature and old-growth forests," Kuyper wrote.
The alleged loophole he referred to was the agency's use, in both projects, of a federal process called a "categorical exemption" allowing the Forest Service to avoid a full environmental review as a way of saving paperwork, time and resources.
Forest Supervisor Chris Stubbs said in a news release Wednesday that the appeals court's decision was a "major victory for forest health, for the environment and for human communities threatened by wildfire."
"We're now prepared to move forward with these critical projects to help protect the communities in and around the Mt. Pinos Ranger District," Stubbs stated.
The Cuddy Valley project will use mechanical grinders, prescribed burns and hand treatments to remove trees damaged or killed by the Ips bark beetle. The Forest Service says specialists will be on site making sure endangered and sensitive species are not impacted by the project.
The project on Mount Pinos is intended to create safe and effective locations for firefighters to suppress fires, the idea being that shaded firebreaks slow the spread of wildfire and provide a buffer between developed areas and wildlands.
Conservationists have argued forest thinning is generally less effective than creating defensible spaces around homes near forests and using fire-resistant building materials. They had promoted participation in a public commenting effort dating to 2018 that elicited hundreds of public comments, most of them in opposition to Forest Service thinning tree stands in the area.
