Teamwork makes the dream work
Update on protecting large, old trees
By Meriel Darzen | April 16, 2024
The Trump-era rollback of the 21-inch rule would impact large trees in six national forests in Oregon. Photo by Jim Davis.
In August 2023, we won an early but major victory in federal court.
Judge Hallman of the District of Oregon found that a Trump-era rollback — the Forest Service’s elimination of the “21-inch rule” that protected large trees – was unlawful, and recommended that the Forest Service’s decision be vacated. In other words, the Trump-era Amendment should be abandoned, and the protection of large, old trees should once again be the guiding standard on six national forests and over 8 million acres east of the Cascade crest. While we are currently waiting for another judge to rule on whether that decision will stand, our clients are at the forefront of the fight to hold the line against mature and old-growth logging.
We rely on forests and particularly large and old trees, as important sources of carbon storage, wildlife habitat, and Indigenous gathering practices. Photo by Ralph Bloemers.
We are at a pivotal moment. We rely on forests and particularly large and old trees, as important sources of carbon storage, wildlife habitat, and Indigenous gathering practices. And yet, across the country, federal agencies have been rushing to cut down our forests, without full and adequate environmental reviews. Although nationally, the Biden Administration’s 2022 Executive Order and follow-up proposed rule instructed federal agencies to prioritize protection of old growth trees, here in Oregon, the US Forest Service and Bureau of Land Management are continuing to plan and approve projects that clearcut and heavily log mature and old forests.
That’s why in southern Oregon, we are suing the Bureau of Land Management for a project proposing to log trees up to 36 inches in Late Successional Reserve forests (areas specifically set aside for old growth and wildlife habitat). And in the Ochoco National Forest in Central Oregon, we are closely monitoring the Forest Service plans to cut large trees even in the face of Judge Hallman’s order, and have submitted comments opposed to it.
Me and two of my kids outside enjoying our special PNW forests.
At Crag, our clients are our partners, and we work together collaboratively to develop the best legal strategy to meet their goals. This collaboration goes beyond individual cases. After working for years together in our 21-inch rule case, our clients created a powerful new Eastside Forest Coalition to defend forest ecosystems across the Eastern Cascades and Blue Mountains. The Coalition is coordinating closely with the Nez Perce Tribe to participate in the Forest Service’s plans to revise management plans in northeastern Oregon’s Malheur, Umatilla and Wallowa-Whitman National Forests. Although planning is still in the early stages, the Coalition is doing critically important work, and we will continue to support the Coalition to ensure that these plans will contain robust and enforceable provisions to protect old growth, fish and wildlife habitat, Tribal cultural values and interests, and more.
Me and Oliver with our clients in Pendleton, OR after oral arguments for our case to reinstate the 21-inch rule in May 2023.

Meriel Darzen, Staff Attorney
Meriel is originally from the Boston area but has spent the last fifteen years living and working in the Pacific Northwest. Meriel’s docket primarily consists of litigating public lands and forest issues in Federal court, and supporting local community groups on rural land use issues at the Land Use Board of Appeals (LUBA). In her free time, she enjoys trail running, backcountry snowboarding, and vegetable gardening.
