Wrangell City and Borough Assembly members Stephen Prysunka, Julie Decker and Pamella McCloskey met Nov. 26 for a special session to discuss further involvement in a trio of suits filed against the United States Forest Service over its Big Thorne timber sale with Craig-based mill Viking Lumber.
The Assembly had already decided on Oct. 28 to intervene in one of the suits, for the fee of $5,000. It had investigated separately filing an amicus brief as an option, but had decided the cost of that action would likely have been higher while leaving Wrangell with little input.
“We were asked by Craig and others if we would support their lawsuit filed in the Big Thorne timber sale in Prince of Wales,” explained Borough Manager Jeff Jabusch. He told the Assembly that 19 other parties have signed on in support of the USFS in its suits, which seek to halt the sale on substantive and procedural grounds. The suits were filed by Southeast Alaska Conservation Council and Cascadia Wildlands, asking for a permanent injunction to the timber sale.
The sale includes a first offering of 95 million board feet, of which at least 62 percent of spruce and hemlock and all of the yellow cedar would be worked by Viking. The spruce accounted for about 56 million board feet and hemlock 23.6 million, according to the company. The minimum amount of work that could be done on the logs processed by Viking would be sawn on four sides to make cants.
Speaking as a resident of 34 years, David Rak attended the session as a person to be heard to request the Borough not move forward with the suits.
“I think that we have a whole lot higher way to spend our funds in the community,” he said.
“There’s a multitude of arguments on both sides,” Jabusch told the Assembly. Speaking with the city’s attorney, Bob Blasco, he said there would be no additional up-front costs to the Borough to intervene in the other two suits. Arguments for Wrangell’s position in the first case would essentially be reused for the other interventions.
“He also did say that since we filed in the first one it would also be a favorable strategy to file in these two,” Jabusch added. On the other hand, he explained Wrangell could be liable to pay the plaintiffs’ attorney fees if the USFS loses in any of the three suits.
“There’s always that risk,” he said.
This risk was news to Prysunka, who expressed disappointment that it was brought up after the council had already voted to intervene in the first. “It certainly wasn’t stated to the council,” he said. “In essence we signed into a $5,000 deal, and now it’s expanding.”
“You’re looking at a long, drawn-out process,” opined McCloskey. “Lawyers’ fees, for goodness sakes, that could cost a fortune.”
“There was so much back and forth that maybe it wasn’t highlighted,” Decker replied. However, she expressed her belief that the outcome of the suits would be important to Craig and to the Southeast timber industry at large, and that Wrangell’s inclusion was important.
“The reality is they’re trying to block the sale,” she said.
“We are jumping in on this lawsuit because it feels like the right thing to do,” Prysunka argued. “We need to be very cautious about how to proceed.”
He felt it would be better to simply remain as an intervener in the one suit, and so not risk assuming additional costs through the other two.
“Why not reduce the risk to the community by two-thirds?” he asked.
“I don’t understand your logic, quite frankly,” Jack rebutted. If the point of intervening in the suit is to make Wrangell’s voice heard, he said it would be for nothing if the USFS lost in the other two suits and the sale was nevertheless halted.
“They’re basically the same points,” he said. In addition, Jack said all three cases will be before Federal Judge Ralph Beistline, and that he expected the same ruling for all three cases.
“Personally, I don’t see any additional risk,” said Decker. In her view, the issues of all three suits are related. “It makes sense to me to come out and file,” she added. “I feel comfortable going forward.”
“We’re in it already,” McCloskey agreed, however cautioning: “I would be adamant in saying we give no more money out.”
Along with Jack, the Assembly voted three to one in favor of joining the suits.
“Always a lively debate,” Decker commented afterward.
On Tuesday, Jabusch confirmed the attorney was notified following the decision, and that Wrangell will be filing with the other parties.
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