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2023-2024 Judicial Hellholes Report
The 2023-2024 Judicial Hellholes® report shines its brightest spotlight on nine jurisdictions that have earned reputations as Judicial Hellholes®. Some are known for allowing innovative lawsuits to proceed or for welcoming litigation tourism, and in all of them state leadership seems eager to expand civil liability at every given opportunity.
JUDICIAL HELLHOLES SUMMARIES
#1 GEORGIA The “Peach State” maintained its position atop the list thanks to another year of high nuclear verdicts and liability-expanding decisions by the Georgia Supreme Court. Neither the judiciary nor the legislative branches are willing to take responsibility for the state’s poor civil justice system.
#1 THE SUPREME COURT OF PENNSYLVANIA &THE PHILADELPHIA COURT OF COMMON PLEAS A late-breaking venue decision by the Pennsylvania Supreme Court that will increase litigation tourism and an almost $1 billion verdict out of the Philadelphia Court of Common Pleas propelled these courts to the top of this year’s list. Additionally, there is a flood of medical liability litigation in Philadelphia courts thanks to the Pennsylvania Supreme Court’s decision to eliminate an important rule governing where lawyers may file these cases. The Philadelphia Court of Common Pleas continues to be a prolific producer of nuclear verdicts and liability-expanding decisions by the high court will only worsen the situation. Plaintiffs from across the country flock to the Court of Common Pleas because of its reputation for excessive verdicts and its “open door” policy to out-of-state plaintiffs.
#2 COOK COUNTY, ILLINOIS Lawsuits brought under the state’s Biometric Information Privacy Act bog down Illinois businesses and a new wave of no injury lawsuits is on the horizon. Food and beverage litigation floods the county’s dockets and liability-expanding legislation only worsens the problem. Additionally, an overwhelming percent of the state’s nuclear verdicts come out of the Cook County trial court.
#3 CALIFORNIA Endless Prop-65 litigation targets a variety of industries and no-injury Private Attorney General Act (PAGA) and Americans with Disabilities Act (ADA) accessibility lawsuits bog down business. The state’s unique Lemon Law is a gold mine for plaintiffs’ lawyers and arbitration is under attack in both the courts and the legislature. California also is at the forefront of the environmental litigation battle.
#4 NEW YORK CITY Expansive liability laws have led to lawsuit abuse in the Big Apple. No-injury consumer class action lawsuits and lawsuits brought under the ADA bog down businesses and third-party litigation finance feeds the litigation machine. Additionally, rather than address the problems, the legislature chooses to pursue the trial bar’s liability-expanding agenda.
#5 SOUTH CAROLINA ASBESTOS LITIGATIONSouth Carolina’s consolidated docket for the state’s asbestos litigation has cemented an unwelcome reputation for bias against corporate defendants, unwarranted sanctions, low evidentiary requirements, liability expanding rulings, unfair trials, severe verdicts, a willingness to overturn or modify jury verdicts to benefit plaintiffs, and frequent appointment of a receiver to maximize recoveries from insurers.
#6 LANSING, MICHIGAN A newcomer to the 2023 list, both the Michigan Supreme Court and Michigan Legislature bear responsibility for Lansing’s deteriorating civil justice climate. The high court expanded premises and workplace liability and adopted an expansive approach to medical liability. A barrage of liability-expanding legislation was introduced and enacted, with more on the horizon in 2024.
#7 LOUISIANA Coastal litigation drags on with no end in sight and is a burden on the state’s economy. Insurance schemes plague the system, and the outgoing governor vetoed much needed transparency legislation.
#8 ST. LOUIS Judges in St. Louis abandon their role as “gatekeepers” and allow junk science to be presented in their courtrooms. The courts are a prolific producer of nuclear verdicts and St. Louis has an international reputation as a plaintiff-friendly jurisdiction. Rather than address the lawsuit abuse, the legislature has failed to move reforms.
WATCH LIST
Beyond the Judicial Hellholes®, this report calls attention to three additional jurisdictions that bear watching due to their histories of abusive litigation or troubling developments. These jurisdictions may be moving closer to or further away from a designation as a Judicial Hellhole® and they are ranked accordingly.
KENTUCKY The “Bluegrass State” makes its first appearance on the Judicial Hellholes® report’s Watch List due to a handful of percolating issues. State courts have exposed those who report suspected fraudulent claims to liability, eliminated a critical screening mechanism for medical liability claims, and are experiencing larger verdicts. Additionally, some lawyers have resorted to unethical measures to obtain wins.
TEXAS COURT OF APPEALS FOR THE FIFTH DISTRICT The Fifth Court repeatedly misapplies state precedents and procedures, requiring review and reversal by the state’s high court. It has developed a reputation for being pro-plaintiff and pro-liability expansion.
NEW JERSEY The New Jersey trial bar has achieved the triple threat – they wield unprecedented power in the state legislature, the Governor has no real interest in civil justice reform, the political balance of the New Jersey Supreme Court has shifted and recent decisions by the state’s intermediate appellate courts indicate a corresponding shift toward increased liability for businesses.
READ FULL REPORT
https://www.judicialhellholes.org/wp-content/uploads/2023/12/ATRA_JH23_FINAL-1.pdf
The Sport of Politics
In America we love our sports, and the rivalries can be intense. Whether it is football, hockey, basketball, or the national pastime baseball. Many align themselves with a team based on the region that they identify with and unwavering loyalty that spans generations. A new national pastime is overtaking all these traditional sports and that is the sport of politics.
Each has their “team” that they root for, like cross town rivalries. The public comes out for the “game”, literally sitting in the bleachers as cheerleaders with signs and watching halftime shows. They buy their team merchandise and put bumper stickers on their cars to show who they support.
Similar to the intense passion, loyalty, competition and rivalry demonstrated in professional sports is the anticipation of the political season and the diehards rallying around their teams and players. That is evident in the hype being experienced in the thick of the current political campaign season, which is being played out between the teams (Republicans vs Democrats) and their players. The roster was whittled down to the two quarterbacks (until one was “sacked” and the backup was pulled off the bench and put into the game in the fourth quarter).
In addition to the players and fans, sports have play by play commentary by announcers objectively covering the action. Unfortunately, in the sport of politics these commentators (media) are more like one team’s cheerleaders and are playing a one-sided role in praising every move by one team, while condemning the other team.
The fans of the sport of politics are less fickle than the fair-weathered fans that shift their support based on the win/loss record of their athletic team. But still, the political teams and players on the legislative gridiron can see their support from the armchair quarterbacks rise and fall based on their team (party) and player success and failure. The political career of promising politicians can end as quickly as an athlete with a blown-out knee. The fans can be extremely demanding and unforgiving of their sporting and political players.
Regardless of your team (party) affiliation, and just as the Viking’s fans acknowledge the skill of Brett Farve (their arch-enemy until he put on the purple jersey), the public needs to recognize the commitment, dedication and effort that players in the legislative arena put into representing and performing for their constituents (fans). The sacrifices that they make, their understanding of the intricacies of knowing the game, the political moves necessary to navigate the field, and the hard-hitting political blows that can be exchanged should be recognized and appreciated.
I have had a front row seat on the 50-yard line in the legislatures, Congress and the White House for over 20 years. I have been an avid fan of the sport of politics. As much as I may favor one side, I also appreciate and acknowledge the other side, particularly giving credit where credit is due. As an example, while working for the Associated Contract Loggers and Truckers of Minnesota, the two most significant legislative accomplishments I was involved in – Interstate access for 99,000-pound logging trucks and the USFS Rate Redetermination in the Farm Bill – were both spearheaded by Democratic Minnesota Congressmen.
But more importantly, the timber industry cannot afford to be part of the game only when our team has the ball. Sitting on the sidelines when the other team has the ball only means we sit out half of the game. Forest management and healthy forests are not partisan issues. Rural jobs are not partisan issues. Wildfire prevention is not a partisan issue. Forest products are needed and used by both teams.
Timber and forest products should be a bipartisan issue.
That is why each year at the Congressional Reception in DC the American Loggers Council selects and presents the Congressional Leadership Award to a Republican and a Democrat in each of the Senate and House.
They say that all politics is local, but when you are a national organization local is national. I’ve learned that politics comes and goes with the winds of public sentiment. Politicians and policies change, especially every four to eight years. Can you imagine running a business that way, when you focus on a direction only to reverse course four years later? There would be no surety or continuity, your business would fail, much like the government.
That is why the American Loggers Council has an office in Washington DC, right across the street from the White House. Because what happens in Washington DC affects what happens in the woods.
Opposing interests are waging battle in the halls of Congress. Those that oppose us roam the halls of Congress lobbying against our way of life, our livelihood. The famous bank robber Willy Sutton was asked why he robbed banks, and he said, “because that is where the money is.” DC is where some would argue the bank robbers are, but it is clearly where policies and laws are made that impact the timber and forest products industry – good or bad. That is why the American Loggers Council is there, even if we are a lone voice whistling in the woods.
I travel the country extensively, meeting with the boots on the ground, the loggers and truckers. The first question they ask is “It is terrible here, how is it in other parts of the country?” Unfortunately, I must tell them that it is terrible across the country. The vast majority are struggling. Many have gone out of business.
As one politician famously said, “elections have consequences”. That could not be more apparent. The timber industry and many other sectors of the economy are struggling. Over 150 forest products mills have closed over the last 18-24 months. Equipment sales are down 10-20 percent, interest rates have doubled, fuel costs are 50% higher, inflation has driven prices up, labor costs are higher (if you can find workers), while we import lumber and wood products, and our forests burn.
Lately there has been a relentless onslaught of policies, Executive Orders and legislation that further threatens the timber industry. From the change in Independent Contractor status; the expansion of Mature and Old Growth Timber protections; the Endangered Species uplisting of the Northern Long-Eared Bat; and reductions in mill particulate emission levels, all of which will be used to obstruct forest management and transportation. Along with the current state of the economy, the critical infrastructure that the loggers and truckers represent is extremely stressed and challenged.
Some elected officials look at politics as a sport, winners take all, losers get nothing. But when politics affects your business, your livelihood, your family – IT IS NOT A GAME, it’s life.
It is what you have invested in for generations. The early mornings, the late nights, the missed dinners and kids’ activities. It is not a game, it is real.
We cannot “afford” to play both sides – meaning pretending to support two opposing people or ideas in order to gain an advantage. We cannot sit on the fence. I have attempted to work with both sides for the benefit of the logging industry, and while we have had some success at the Congressional level and some agencies, we have not with much of the current Administration.
Unlike picking your favorite team by your geographic or historic connection to them, most people vote with their pocketbook. How has your pocketbook been for the last three and a half years? As a political spectator watching the election game play out, whose side are you on? Who are you rooting for? Who do you support? Consider this as though your future depends on it – BECAUSE IT DOES.
Can you handle another four years, like the past four?
National Forest Products Week reminds us that wood is good for the environment AND American Economy
Each year, during the third week of October, the United States observes National Forest Products Week, a dedicated time to recognize and celebrate the significant contributions of the forestry industry to the nation. This week serves as an opportunity for individuals, communities, and organizations to reflect on the multifaceted role of working forests in enhancing our economy, preserving our environment, and improving our overall quality of life.
The forestry industry stands out for its ability to provide a diverse array of essential products derived from a renewable and sustainably managed resource: trees. As nations, local governments, and communities grapple with the pressing challenges of climate change and the urgent need to reduce greenhouse gas emissions, many are increasingly looking to working forests as a natural and effective solution. These forests are crucial in capturing carbon dioxide from the atmosphere and storing it within the trees and the wood products they produce. Given that forest products are fundamentally linked to trees — nature’s own mechanism for carbon sequestration — there is a burgeoning interest in harnessing these materials to combat climate change.
For example, builders and architects progressively incorporate innovative wood products like mass timber into their construction projects. This trend reflects a growing recognition of the potential for wood to serve as a sustainable building material that reduces carbon footprints and enhances the aesthetic appeal of urban environments. Some forward-thinking visionaries even foresee a future where urban landscapes are predominantly characterized by wooden structures, effectively transforming cities into carbon sinks. This transformation is made possible by the fact that sustainably managed private forests can sequester significant amounts of carbon, while the wood products derived from these forests provide a natural and practical approach to mitigating climate change. In addition to their climate benefits, working forests provide clean air and water, preserve wildlife habitats, and create well-paying jobs in rural and urban communities.
Forest Products Week underscores the essential role of the forestry sector and working forests in the broader context of climate strategy. This legislation establishes comprehensive state guidelines supporting the forest sector, positioning it as a key component of Washington’s climate action plan. The law encompasses many stakeholders, including loggers, private forest landowners, lumber mills, pulp and paper mills, bioenergy producers, biochar manufacturers, the mass timber industry, and more.
ROY HOLDER OF MISSISSIPPI NAMED LOG A LOAD FOR KIDS VOLUNTEER OF THE YEAR
Roy Holder, from Richton, Mississippi, has been recognized as the 2024 Volunteer of the Year for the esteemed Children’s Miracle Network Log a Load for Kids! A dedicated forester at Enviva Biomass, Roy has devoted his entire adult life to the timber industry, honing his professional skills and cultivating a deep sense of community and philanthropy.
Since becoming involved with Log A Load for Kids in 2010, Roy has profoundly impacted the organization and the lives it touches. Following in his father's footsteps, who instilled in him the values of service and generosity, Roy has emerged as a remarkable auctioneer. His talent for auctioneering is not just a skill but a passion he shares with others, as he generously volunteers his time and expertise to raise thousands of dollars for the cause. His efforts extend beyond the borders of Mississippi, reaching a national audience and amplifying the mission of Log a Load for Kids.
Roy's distinctive auctioneering style is a testament to his charisma and ability to engage audiences. He captivates attendees with a blend of charm and wit, drawing them into the spirit of giving and encouraging them to contribute to the cause. His enthusiasm is infectious, and it is evident that he genuinely believes in the mission of Log a Load for Kids, which aims to support children in need.
David Livingston, the Executive Director of the Mississippi Loggers Association, commends Roy for his unwavering commitment to the cause. He states, “Roy truly has a heart of gold for the children and believes it is his mission to help Log a Load for Kids as much as he can help, and it shows through every time we have an auction or he gets to tell someone about our mission.” This heartfelt endorsement underscores the profound impact Roy has made, not only through his fundraising efforts but also through his ability to inspire others to join in the mission of helping children.
In recognition of his tireless dedication and significant contributions to Log a Load for Kids, Roy Holder stands out as a beacon of hope and generosity. His story is one of commitment, compassion, and a relentless drive to make a difference in children's lives, ensuring they have the support and resources they need to thrive.
For over 35 years, passionate volunteers throughout the logging and forest products industry have rallied their communities to raise funds for Log A Load For Kids, a Children's Miracle Network Hospitals program. Since 1988, loggers have raised over $60 million, dollar by dollar, through Log A Load For Kids. Learn More >>
Bipartisan House group urges Biden to stop controversial EU forestation MANAGEMENT ban
Lawmakers from both parties in the House are coming together to call on President Joe Biden to challenge the European Union's widely criticized deforestation regulations. They argue that these rules could negatively impact the entire forestry supply chain across the United States.
Long-Overdue Reforms Will Modernize the Broken ENDANGERED SPECIES ACT
Washington, D.C. - House Committee on Natural Resources Chairman Bruce Westerman (R-Ark) and Western Caucus Chairman Dan Newhouse (R-Wash.) introduced the Endangered Species Act Amendments Act of 2024.
"We can all agree that America’s rich biodiversity needs to be conserved for generations to come. However, while initially well-intentioned, radical environmentalists have weaponized the Endangered Species Act to the point where the current law has patently failed to achieve its goals for species recovery. With the modernizing legislation we’re introducing today, we will make long-overdue reforms to the ESA and ensure the continued abundance of America's wildlife." - House Committee on Natural Resources Chairman Bruce Westerman (R-Ark.)
“In the fifty years since its enactment the Endangered Species Act has overwhelmingly failed in its mission to recover vulnerable species. In order to ensure that reforms to the ESA work for our species while also ending abuse of the law by anti-development activists, the Congressional Western Caucus and House Natural Resources Committee created the ‘ESA Working Group’ to propose solutions after hearing feedback from subject matter experts. The ESA Amendments Act is the result of this group, and I’m proud to introduce the bill along with Chairman Westerman. This bill will help recover species while allowing rural America to prosper.” Western Caucus Chairman Dan Newhouse (R-Wash.)
Background
Since Congress enacted the ESA in 1973, approximately 1,700 species have been listed as threatened or endangered, not counting experimental populations. Only 3 percent of these species have ever been recovered and delisted.
The Biden-Harris administration has taken steps to undo the critical work done by the Trump administration to reform the ESA. Of particular concern were three rules proposed by the Biden-Haris administration that would have significant consequences for species across the country.
Westerman and Newhouse formed the bipartisan Endangered Species Act Working Group in July 2023 to collect stakeholder feedback and develop a long-term course of action to modernize the ESA. Throughout the course of a year, members met with stakeholders to discuss much-needed reforms to the ESA. The Endangered Species Act Amendments of 2024 is the result of thoughtful work from this group. It makes critical reforms to the ESA to clarify existing definitions and establish an environmental baseline to measure successful outcomes. The legislation will incentivize the recovery of listed species, promote species conservation on private and public lands and create greater transparency and accountability in the ESA regulatory process.
Contact: Rebekah Hoshiko (202) 225-2761
Wildfire Season Ravages the US in 2024: Over 3.4 Million Acres Burned YTD
July 21, 2024 – As of this morning, 63 large active wildfires are being managed and have burned 1,083,684 acres. Fire managers are using full suppression strategies on 57 of these wildfires. Many wildfires in the Northwest area continue to have active to extreme fire behavior. The Durkee Fire burned nearly 60,000 acres yesterday, and the Lone Rock Fire gained over 16,000 acres.
CURRENT NATIONAL STATISTICS
Impact and Response
Human Impact: Thousands of residents were evacuated, and numerous homes and structures were destroyed or damaged.
Environmental Impact: Significant loss of wildlife habitat, forest cover, and increased carbon emissions.
Air Quality: Smoke from wildfires severely affected air quality across multiple states, leading to health advisories and widespread use of air quality alerts.
Firefighting Efforts: Over 20,000 firefighters and support personnel were deployed, including international assistance from Canada and Australia.
IT'S A CHOICE. MANAGE THE FORESTS AND ENJOY THE BENEFITS OR DEAL WITH THE CONSEQUENCES - DEAD FORESTS, BURNING FORESTS, UNHEALTHY FORESTS, INFESTED FORESTS.
A BETTER UNDERSTANDING
WRITTEN BY MIKE ALBRECHT, ALC PRESIDENT
On May 16, 2024, I had the distinct pleasure and honor of cosigning, along with Forest Service Chief Randy Moore, a “Memorandum of Understanding” between the American Loggers Council (ALC) and the USDA Forest Service.
Initiated by the Forest Service, this MOU was fully endorsed by the American Loggers Council Board of Directors at our April 19th Spring Meeting. Our ALC Executive Director, Scott Dane, deserves tremendous credit for steering this MOU effort, working with key Forest Service staff through sessions of editing and compromise.
The final result is a document titled “American Loggers Council and USDA Forest Service Collaborative Efforts for Healthy Forests, Markets, and Logging Industry.”
At this point, I suggest you let that rather lengthy title “sink in” for a moment. No, it is not a misprint. This title now represents what every American logger and every Forest Service employee should understand. We are now encouraged and expected to work collaboratively (read: together) to produce healthy forests, healthy timber markets, and a healthy logging industry.
To further underscore what we should all now understand, the MOU has a “Statement of Mutual Benefits and Interests.” I will quote a portion of these mutual interests as follows:
“The Forest Service utilizes professional logging contractors and timber haulers through various contracts and agreements to accomplish forest restoration and hazardous fuels treatment projects on National Forest System (NFS) lands. The ALC works to support, as part of its mission, an economically viable, healthy, and sustainable logging workforce with a ready supply of timber and restoration byproducts and robust markets to deliver raw materials. The Forest Service depends on an adequate professional logging/hauling contract workforce to bid on Forest Service timber sales and contracts along with robust markets to deliver material to so that the National Wildfire Crisis Strategy and the goal of accelerating the pace and scale of forest restoration can be accomplished and sustained into the future.”
Back row, from left to right: Julie Tucker (National Program Manager for Wood Innovations – Bioenergy, Biofuels, and Bioproducts), Steven W. Koehn (Director for Cooperative Forestry; State, Private, and Tribal Forestry) Andria Weeks (Associate Deputy Chief for State, Private, and Tribal Forestry) and Vicki Albrecht, (ALC Presidents Wife) Front Row: David Cupp (ALC 2nd Vice President), Randy Moore (Chief of the USDA Forest Service), Mike Albrecht (ALC President), and Scott Dane (ALC Director)
The press release that followed the MOU signing quotes Forest Service Chief Moore saying, “Loggers are on the front line every day, contributing directly to the health of the nation’s forests . . . while also creating jobs and strengthening local economies.” And I added to that: “America’s loggers are the “boots on the ground” providing essential wood products while helping to protect and restore our forests to their fullest potential. We cannot do our job without a strong working relationship with the United States Forest Service.”
In the discussions that followed the signing of this MOU, one of the Forest Service officials was inspired to say, “We are a team; we can’t exist without each other.” Well, if we are truly a team, and our goal is “working together for healthy forests, markets, and logging industry” . . . then who are we competing with? My answer: up until recently, there hasn’t been any other team – we’ve been faced off against each other.
Many, if not most, of you are better historians than me, although I find history fascinating and insightful. In my opinion, the best book chronicling the history of American forestry was published back in 1971. Written by Henry Clepper, it is titled Professional Forestry in the United States. No, it doesn’t include the past 50 years, but it does provide a detailed and accurate accounting of the storied events that shaped America’s current forest management policies.
Chapter 1 is aptly titled, “The Plunder of the Pineries,” recalling when loggers and lumbermen operating in the 1800’s were described as, “villains, scoundrels, and thieves.” Chapter 10, titled, “Timber Famine Warnings: Prelude to Regulation,” ushers in the notion that America’s forests would soon be depleted. This concern gave birth to the US Forest Service and two teams. The American timber industry and the Forest Service began to battle in an undeclared war, perpetuated by misunderstanding.
Forest Service Chief Randy Moore stated, “Loggers are on the front line every day, contributing directly to the health of the nation’s forests . . . while also creating jobs and strengthening local economies.” And I added to that: “America’s loggers are the “boots on the ground” providing essential wood products while helping to protect and restore our forests to their fullest potential. We cannot do our job without a strong working relationship with the United States Forest Service.”
There were cease-fires along the way that allowed for progress. America’s wildfire events gave birth to Smokey the Bear, who became the Forest Service symbol for an effective wildfire prevention program, and despite a litany of government regulations, America built a vibrant timber industry.
But misunderstandings continued to polarize the two sides, prompting Henry Clepper to note that, “to more than one contemporary observer, it appeared strange that, as industrial forestry became better, the attitude of the regulators became more critical.” As the design of logging equipment became more environmentally friendly, more public land was designated as wilderness, near natural, wild and scenic, and roadless. Timber operators are now licensed and take continuing education courses but remain untrustworthy in the eyes of many within an agency I still hear referred to as the “Forest Circus.”
The bottom line is that in 2024, even though America’s forests now cover almost 800 million acres, we have become the world’s leading importer of softwood lumber. We are losing sawmills at the rate of about two per month. Over the past ten years, the Forest Service has lost 40% of its non-firefighting workforce.
It’s time for a reset.
Enter the 2024 ALC/USFS Memorandum of Understanding. This historic and very positive document outlines a path forward to promote the three priorities listed in its title: Healthy Forests, Healthy Markets, and a Healthy Logging Industry. It underscores the following statement made recently by Chief Moore as he addressed the Department of the Interior Appropriations Subcommittee: “I can tell you with certainty that if we do not have a vibrant timber industry, we are not going to be able to manage our forests and keep them healthy and resilient.”
Let me say with certainty that the American Loggers Council completely agrees with Chief Moore’s statement, but a final step is required to make the MOU more than 3 holes punched into a binder. It needs to be circulated, read, and understood. Every Regional Forester should brief his/her staff. Every Forest Supervisor and District Ranger should brief their staff and employees. To have teeth, the concepts in this MOU need to be integrated into forest plans and there needs to be accountability showing progress in achieving the stated goals.
Every state logging association needs to share this MOU with their Board of Directors, passing it on to all their membership. The only way this MOU will result in additional acres treated, fires prevented, and more wood products for America, is to have it communicated through the Forest Service and the timber industry, thoroughly understood, and transformed from a “Memorandum” into an “Action Plan.”
I request that you read the Memorandum of Understanding for yourself. All the main points are discussed in the first 3 ½ pages. It takes ten minutes to read and understand it. If and when we agree with it, the doors of “understanding” and “action” open wider. VIEW OR DOWNLOAD THE MEMORANDUM OF UNDERSTANDING >>
The American Logger A Legacy of Achievement
Mike Albrecht has a master’s degree in forestry from Duke University, is a Registered Professional Forester in California, and has worked for over 45 years in forest management and the forest products industry. Mike currently serves as president of the American Loggers Council and is a past president of Associated California Loggers and the Sierra Cascade Logging Conference.
Mark Mahon: Living Life on the Edge the Logger Way
WRITTEN FOR GTLA BY: RAQUEL WOOD
Mark Mahon, Mahon Logging, discussed the extreme terrain of Idaho’s mountains, which requires specific equipment and skillset, on the April Let the Sawdust Fly radio show with host Peter Wood.
Mark stated, “I'm one of those kids that have been basically raised in a logging truck and going to the woods…I'm a fourth-generation logger from Council, Idaho, with a booming population of 850 people. We definitely don't have to worry about traffic lights. Our high school mascot is the lumberjack. We were a former mill town. In 1994, as federal timber supply dwindled, the mill was removed.”
Idaho’s steep mountain terrain created a problem for loggers to harvest on grades over 100% or a 45° angle, and buncher levelers can only go so far. A unique form of mechanized logging was born. Tethered, cable assist logging makes harvesting on steep slopes possible by attaching a 1 1/8-inch cable to a 60,000-pound buncher, with the anchor being a 90,000-pound excavator. With the cable, Mark can harvest on angles greater than 45 degrees. A winch, where the cable runs through on the excavator, is connected via radio, and the operator in the buncher controls the winch as he goes up and down the mountainside. The cable effectively pulls the machine into the hill, and with the help of the buncher itself tracking up and down with a leveler, mechanized logging is made possible on such steep slopes.
Tethered logging has proved to be a paramount success in safety and efficiency. Mark explained, “Loggers are some of the most inventive-minded, determined people on the planet. Whenever there is a problem, a logger will build something and figure it out. The problems are getting sawyers or timber fallers off the ground and out of dangerous situations. Falling trees is one of the most dangerous jobs in the world.”
Mark also harvests using cable systems to carry logs up the hill. Cable systems are used when tethered logging cannot be done. This type of logging has its challenges, including setting up the cable systems.
Mark described, “The way we had done it most of my career is you just grab the haywire, it's a smaller line about 3/8 inch diameter cable, and start walking down the hill dragging it behind you, go all the way to the end (ranging from 1,000 to 4,000 feet), and then we'll run it through a pulley, or a block, as loggers call them, and then you make that trip twice, making a complete circuit. It’s very labor-intensive, time-consuming, and difficult.
Now, we use a four-motor drone that pulls a 1/4-inch synthetic rope, flies down to the anchor point, releases it, flies back to the road, grabs the other end, and flies it down. The rope pulls out our haywire (3/8-inch diameter cable), which pulls our skyline (1 1/8-inch cable).
What typically would have taken me four or five hours, the drone can fly in 10 minutes. We have to be careful; we can't fly it in real windy conditions. They tell us they do fall from the sky. Gravity still works.”
This drone can lift and fly 45 pounds, and they use it to fly a 5-gallon bucket of oil to a machine on the mountainside.
Another challenge in setting up a cable system is creating an intermediate support in the middle of the hill if there is a hump on the hillside. “It’s similar to a chairlift on the ski hill, how chairs will pass over the poles going up the mountain on the ski hill.”
Mark’s intermediate support on the hillside is a tree; “I will pick out the biggest, straightest, strongest tree in the location that I need it. I’ll get my belt, spurs, climbing rope, axe, hatchet, power saw, whatever I need. Climb the tree. Usually I'll go 50 feet or so, and if I don't feel the tree is the strongest or it's leaning wrong, then sometimes I'll cut the tree off at 50 feet. I'm trying to make it stronger. As you're pulling on that tree, the logging forces want to pull that tree over. If I cut the top off, that reduces some of the leverage working on the root system and makes it stronger. So yeah, you're up there 50 feet and have a power saw in your hands cutting the tree.
Statistics say that 90% of sawyers get hurt within 10 feet of the stump. When you're 50 feet in the air, you really cannot get away from the stump; you're pretty well stuck to it. You want to be sure that you do your job right. You just take your time, wedge it over, and fall it the same way.
For safety, I have a chain and binder, and right below my cut, I will take that chain and binder and snap the chain tight. The biggest thing you're afraid of is if the tree splits in half while you're still up there. It will crush you. When that top is going over, that force ends up pushing you - that is a huge adrenaline rush! A smaller tree will really get to whipping you, and you'll move two or three feet from center. Yeah, you don't have to buy a ticket for that ride, that's for sure.”
You Can Lead a Horse to Water, But You Can't Make it Drink
ARTICLE BY: Bob Lussier, President, TEAM Safe Trucking
I have been blessed to have a 43-year career in the forest products industry as a logger and a timber dealer. Fifteen years ago, I moved my business and part of my family from southern New England to South Carolina. I have had the pleasure of meeting and getting to know a vast number of people who are a part of this industry, and most will tell you I am very passionate about what we do. It deeply bothers me to see some of the issues that we are having to face these days that have hurt and/or closed many businesses in recent years, and I fear that many of us are still hanging in there.
While some obstacles cannot be controlled, I am confident in one that I believe we can all work on. Forest products transportation has become a very costly part of our industry with fuel, insurance costs and labor increasing at a steady pace and only a handful of insurance carriers that will cover log trucks. This is due in part to the fact that people have been encouraged to be 'sue happy' by constant commercials and billboards in their view every day. The cost of insuring even one truck has become unreasonable and unaffordable for most, and we don't have the option to pass on the additional expense. Most mills and timber dealers won't raise the loggers' rates so where can we go to get help? Although I cannot speak for the mills or dealers, I do believe we have a compensation deficiency, but that is a sensitive topic for another day! Now more than ever, truck safety should be a priority for every log truck owner and driver. With less claims and lawsuits, logically, we should be able to bring our insurance costs down. My company is currently insured by a very exclusive captive insurance who offers regular training and monitors driver behavior (speeding, hard brakes, dangerous habits) weekly. Since joining them I have seen how training has helped stabilize my rates as well as those of the other members. Our drivers have become more aware of situations around them and the dangers even one small mistake can cause. When we do the same thing every day we become lax so training reminds us of a lot of the little things we can do to prevent accidents and costly lawsuits, especially in the states considered the "wood basket" of the timber industry, where litigation is generally not in our favor.
If I told you there was a way to stabilize insurance rates, wouldn't you be all in? In 2015, a group of very forward-thinking industry professionals got together and formed TEAM Safe Trucking. The acronym TEAM (Together Everyone Accomplishes More) was formed years ago when a group of insurance and business leaders were addressing problems with machinery burning. They also started looking at commercial auto liability and observed that we had a problem on the horizon that needed to be addressed. In 2021 I became president of this non-profit group of dedicated and concerned volunteers who have worked very hard to put together a safety training program designed specifically for the forest products transportation industry. We offer hundreds of training modules that were designed specifically for forest product haulers and are easy to access and use. Is there a cost associated with the program? The answer is yes, but I can promise it is minuscule compared to the cost of a lawsuit, and it is an investment in your business and your employees.
As we approach the half-way point of 2024 with only a small number of insurance carriers writing commercial truck liability insurance, one can't help but wonder how many more forest products transportation and logging companies will go by the wayside because it is unprofitable? How high will insurance rates get if we stay on the path we are on? A good friend and director of the American Loggers Council, Scott Dane, said something at a meeting not that long ago that really hits home - "As loggers our independence is one of our greatest assets, but also works to be our worst demise". TEAM Safe Trucking offers an opportunity for us to all work together and train our drivers to be safer. We need to all be on the same team to fight the insurance rate battle. Ask your insurance agent what they do for loss control and how can they help you if you utilize what they offer? Ask if they support TEAM Safe Trucking and how they can help you to utilize it to start to stabilize your rates. If they don't support it now, ask them to look into it. TEAM Safe is here to help in any way we can with training, but we need you and your agents to start using the programs we provide. We encourage all truck owners and drivers to contact us and see what we have to offer. I personally would also ask that anyone who would like to be a part of this great group to please contact us. We can always use more volunteers, especially forest products transportation and logging individuals! We need your knowledge to help us grow.
TEAM Safe Trucking is a reservoir full of water. Consider this your invitation to "drink" in the benefits of our program!