Posted October 28, 2018 07:19:22 This week, a judge in Oregon’s Northwest Circuit Court of Appeals ruled in favor of a timber processors who argue they were forced to pay fees to a logging company that processed their timber.
The case involves a case in which timber processing companies were sued by the State of Oregon in 2011, arguing that the Oregon Department of Forestry and Fire Protection illegally required them to pay a $5,000 fee to an unrelated logging company.
The Oregon Department for Geology and Mineral Industries said the fees were necessary to comply with the State’s logging rules.
The timber processing industry says the fees violated the federal Endangered Species Act.
In November, the Oregon Supreme Court rejected the plaintiffs’ motion to dismiss the case, and the case is currently before the state’s highest court.
But the judges ruling could have big implications for timber processing.
The state has been trying to get a federal judge to rule on whether Oregon’s logging laws were unconstitutional.
The courts has ruled that timber processing must pay fees, but the federal government doesn’t have to follow the law.
The Timber Processing Act requires the Forest Service to issue a “federal log permit” for logging timber on federal land.
The Federal Logging and Timber Act of 2016 (FLTA) states that timber processors must pay $5 million to the Forest Services for each log processed by a timber company.
But according to the court ruling, the Timber Processing Agreement states that processors must only pay $25,000 to the agency.
In other words, processors cannot pay the agency fees to process timber.
Oregon’s Timber Processing Fee program has existed for nearly two decades, and is funded by timber processing firms and the Forest Resources Fund, a federal agency.
But in a recent ruling, a US District Court judge ruled that the Timber Processors Association had not provided sufficient evidence to support its argument that the Forest Permit Program is unconstitutional.
That ruling was a win for Oregon’s timber processing businesses.
“Today’s ruling is a victory for our industry,” said Mike Riedl, CEO of Timber Processers Association of Oregon.
“The judge found that the timber processing fee program is not unconstitutional and we are glad to see that the courts is taking the lead on this issue.”
The court ruling came out of a hearing in October, when the plaintiffs argued that the federal Timber Permit program is unconstitutional because it imposes “unfair and unreasonable burdens on timber processing and timber processing facilities.”
The Oregon Supreme Law Department filed a lawsuit in June 2016 challenging the Timber Permits Program.
The plaintiffs argued in court documents that the Federal Timber Permittee Act (FTPA) is unconstitutional and the Timber Logging Act of 1956 is also unconstitutional.
“In order for the Federal Permit Act to be enforced, the Secretary of Agriculture, in accordance with the provisions of Title 5, United States Code, must certify that timber processed on federal lands is harvested in accordance to a ‘natural timber’ and not ‘bore’ timber,” the plaintiffs wrote.
“A ‘natural’ timber is one that is ‘the product of continuous, regular, and orderly succession of successive generations of trees from different sources and from a variety of habitats and climatic conditions, with no human intervention, and without artificial manipulation.'”
The timber processors argue that the forest permits are “a product of tradition, history, and a legal process that is no different than any other legal process.”
In court documents, the defendants wrote that the FTPA, in effect, “requires all logging companies to purchase logs, and that it has no application to a processing company’s operations.”
The plaintiffs wrote that, under the Timber Timber Permitting Act, timber processing is a “natural resource” under the US Forest Policy and Management Act.
“It is not necessary to use a law to get timber permits,” they wrote.
According to the Timber Products and Timber Forestry Association, Oregon has issued about 6.4 million federal permits for timber production, but “the federal Timber Processing Permit system has never been used to regulate timber processing on federal forest lands.”
“If we win, Oregon will be one of the first states in the nation to fully implement a federal timber processing permit program,” Riedler said.
Oregon has long had a reputation for being a hot spot for timber industry expansion.
In 2013, the state enacted the Timber Forestry Management Act, which allows timber companies to acquire timber on public lands and open processing facilities.
The law is now being challenged by timber processors, and some timber companies have filed lawsuits against the state.
But Riedle says that the court’s ruling could change that.
“As long as the Forest Products and Forestry Association and Timber Processing Association of Washington, D.C. continue to fight for Oregon to follow federal law and follow the Timber Services Act, Oregon is not going to be able to implement a timber permitting program that is consistent with our state’s laws,”