LATEST NEWS
Stabenow, Boozman Announce Hearing on Agriculture Secretary Nominee Tom Vilsack
WASHINGTON – U.S. Senate Committee on Agriculture, Nutrition, and Forestry Senators Debbie Stabenow, D-Mich., and John Boozman, R-Ark., today announced the Committee will hold a hearing to consider the nomination of Tom Vilsack to be Secretary of Agriculture.
Date: Tuesday, February 2, 2021
Who: The Honorable Thomas J. Vilsack, of Iowa, to be U.S. Secretary of Agriculture
***The Committee will follow guidelines developed in consultation with the Office of the Attending Physician, the Senate Sergeant at Arms, and the Senate Rules Committee to protect the health of members, staff, and the public. This includes maintaining six-foot social distance spacing in the hearing room as well as wearing a mask or face covering. Pursuant to this guidance, Senate office buildings are not open to the public other than official business visitors and credentialed press at this time. Accordingly, the general public will not be allowed to attend the hearing.
FFRC Press Statement on the Fish and Wildlife Service Proposed Improvements to Interagency Cooperation: Timely Action on Fire Prevention is Critical
Washington, DC January 12, 2021 – “Today, the Fish & Wildlife Service and NOAA proposed changing their regulations on Interagency Consultation for existing National Forest Plans. Today’s rule simply affirms the views long held by career professionals at the Forest Service, Fish & Wildlife Service, and the Department of Justice: Forest Plans are not “actions” subject to the Endangered Species Act’s consultation requirements. It is the result of years of experience that plan-level consultation adds nothing to species conservation, it simply delays needed management actions.
In 2016, the Obama Administration told the Supreme Court that a contrary Ninth Circuit decision “compels the responsible agencies to divert scarce public resources to the fulfillment of potentially cumbersome procedural measures that both agencies have determined to be unnecessary to achieve compliance with the ESA.” That point still stands.
This good government proposal eliminates the need for the FWS and the Forest Service to engage in unnecessary, duplicative consultation on underlying National Forest Plans, a requirement forced upon the agencies by activist litigators who are bent on eliminating needed management from our badly overstocked, fire prone National Forests.
Forest Plans set general parameters for forest management, including identifying areas appropriate uses for certain areas on National Forests – like timber sales or livestock grazing. Some Forest Plans are very old – as much as 30 years old in some cases. While plans are required to identify and take into account the needs of wildlife species, their general nature leaves analysis of specific actions to the project level, where species specific concerns are always addressed. The rule change proposed today will allow badly needed management projects – which reduce fire danger and help protect habitat, watersheds, and communities – to go forward without wasting limited resources revisiting older, general plans that apply to the whole forest.
The environmental litigation groups have filed dozens of lawsuits and won several injunctions, including one that lasted 13 months and prevented nearly all forest thinning on highly flammable National Forest lands in New Mexico. This unnecessary delay did nothing to improve forest conditions, and forced several small forest products companies to permanently close. Forest Plans on all of those forests were already under revision, and neither the Forest Service nor the Fish & Wildlife Service were concerned about project-level impacts on the Mexican Spotted Owl.
We urge the incoming administration to finalize the rule, as it largely mirrors the views advanced by the Justice Department in 2016. In order to meet their own goals to improve forest health, reduce fire danger, and prevent carbon emissions, the rule should be finalized as quickly as possible.
About the FFRC: The Federal Forest Resource Coalition is a unique national coalition of wood products companies, local governments, conservation groups who are united by concern for the National Forests. Representing over 650 member companies and more than 390,000 employees in 33 States, the FFRC is committed to improving the management of the National Forests and BLM lands to support healthy forests and vibrant rural communities. Federal Forest Resource Coalition 1901 Pennsylvania Ave., NW Suite 303 Washington, DC 20006
Loggers Celebrate Passage of Emergency Coronavirus Relief Act of 2020
America’s loggers will finally have an opportunity to receive much needed assistance to off-set losses experienced due to the COVID-19 shutdown. The Emergency Coronavirus Relief Act of 2020, the latest COVID-19 relief package, was passed by a bi-partisan vote in both the House and Senate. The bill includes language appropriating $200 million in funding for logging and log trucking businesses who saw a greater than 10 percent loss in revenues from January 1 through December 1, 2020 related to the COVID-19 pandemic, as compared to revenues for the same period in 2019.
Title 3 Sub-Title C Section 3201:
Provided, That of the amount provided under this heading, $200,000,000 shall be used to provide relief to timber harvesting and timber hauling businesses that have, as a result of the COVID–19 pandemic, experienced a loss of not less than 10 percent in gross revenue during the period beginning on January 1, 2020, and ending on December 1, 2020, as compared to the gross revenue of the eligible entity during the same period in 2019.
Today, members of Congress recognized the important role the timber harvesting industry plays in the United States economy by including both logging and log hauling businesses in the COVID-19 relief package. Logging and log hauling businesses were deemed to be essential service providers, but have struggled with making fixed cost payments as a result of reduced markets for the unrefined forest products they produce.
Many logging companies experienced severe losses when lumber and paper mills across the country reduced or ceased production in response to drops in demand. Nationwide production curtailments have led to lower prices for log delivery to mills. Virtually all raw material delivered to mills by loggers and truckers have experienced price drops greater than 5% in 2020 compared to 2019. According to a third-party analysis by Forests2Market, a 6.7% (21.4 million tons) reduction in nation-wide wood consumption reduced wood prices and generated a $1.83 billion (-13.0%) loss in revenue.
Insurance, equipment, fuel, and other costs associated with the industry make up the vast majority of expenses as compared to payroll which some were able to take advantage of under the Payroll Protection Program issued earlier during the pandemic. "Those costs continue to be incurred by the businesses, regardless if they are able to work or not, and with the tight margins and quotas that the industry has seen over the past several months, many logging businesses were not able to keep up with their fixed costs, causing concern about the future of their businesses. The amount of relief coming from the federal government is not meant to make these businesses whole, but rather to serve as a stop gap while they adjust their business plans to be able to operate under this new economy,” stated Daniel Dructor, Executive Vice President for the American Loggers Council (ALC).
Logging companies are generally small, family-owned businesses that have high operating costs and are more susceptible to prolonged periods of economic decline. Many are in danger of permanent closure. "The logging industry is just like farming except for the rotation age of our crop," stated Tim Christopherson, President of the ALC and co-owner of DABCO, Inc. a timber harvesting and hauling company located in Kamiah, Idaho. "To see Christmas trees and other agricultural commodities and specialty crops included in the first and second versions of Coronavirus Food Protection Program (CFAP) while not including those same trees that can be turned into paper and other consumables, simply did not make sense. We applaud members of Congress for recognizing and including the loggers and log haulers in this historic legislation.”
Senator Susan Collins (R-ME) first secured logger relief funds in draft legislation released in December by a bipartisan coalition of Members of Congress. Her provision built upon the “Loggers Relief Act” that Sen. Collins and Rep. David Rouzer (R-NC) sponsored earlier this year. Ultimately, Collins’ provision was retained in the final COVID relief package passed by Congress this week.
Dructor applauded members of Congress and logging associations for the roles they played in securing this funding, ”Special thanks to Senator Collins of Maine and Congressman Rouzer of North Carolina and to all of the State and Regional Logging Associations for making your voices heard up in Washington, DC. To my knowledge, this is the first time in history that loggers have sought relief from Congress and they have delivered. Loggers are a tough bunch and have a way of working things out, but the Coronavirus is something never before seen and the economic impacts have been felt by everyone."
For several months, ALC worked with congressional offices and the White House National Economic Council to raise awareness about the impact of COVID to the logging sector. While it will be up to the United States Department of Agriculture (USDA) to determine how the funds will be distributed, legislation states that the intent of the bill is to provide the logging sector with a measure of equity alongside other agricultural producers impacted by COVID-19.
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Tigercat Adds High Horsepower Mulcher Carrier
Tigercat adds to its mulcher line-up with the release of the 760B mulcher and the 4061-30 mulching head.
The new 760B is a 550 hp class mulcher carrier that shares major components with the field proven and similarly classed Tigercat 480B track driven mulcher as well as the popular M726G wheel driven mulcher.
The 760B was designed primarily for silviculture applications. Forestry companies require the capability to efficiently clean up residual post-harvest forest debris and grind stumps to ground level. The 760B meets this requirement and the machine will also find application in large scale land clearing and ROW projects.
In stable, well drained soil types, a high horsepower wheel driven machine has many advantages including quicker travel speeds, lower operating costs and the ability to run a wide mulching head for improved coverage and wider swaths, increasing quality and productivity. As such, Tigercat also designed a 3 metre wide mulching head to complement the new carrier. The new 4061-30 mulching head is based on the original Tigercat 2,5 metre 4061, with several updates and enhancements. The 2,5 metre 4061 will be rebranded as the 4061-25 when similar updates are introduced in early 2021.
The 760B will be standard equipped with boom float, LogOn™ (Tigercat’s wifi based machine monitoring system), ground level fueling and Tigercat’s WideRange transmission. The operator’s station was designed with operator comfort in mind, with a climate controlled seat, Bluetooth audio connectivity and ergonomic controls.
Tigercat mulcher carriers offer superior build quality, greater hydraulic efficiency, better operator ergonomics and easier access to components and daily service points than competing mulcher carriers. The result is greater uptime and higher productivity.
2020 Logger Survey
This will be the second year in a row that the American Loggers Council has conducted what will become an annual survey so that we can monitor trends in the industry.
The American Loggers Council exists to represent professional timber harvesters and log truckers. Without you completing surveys like the one presented here, it is difficult for us to keep our hands on the pulse of the industry and what some of the driving issues are outside of Washington. If we are to continue to represent those that have kept us going for these past 26 years, then we need your input to make certain that we are remaining focused on those things that are impacting you the most, and those that support us and supply us with the many goods and services that are required by our industry will know how to better respond to those needs as well.
We need your input and taking the time to complete this simple survey will ensure that your needs are known to all of those who are working together to make your job better.
Thank you in advance for taking the time to complete the survey, and please feel free to pass it along to others in the industry who you feel should be responding as well.
CLICK HERE TO TAKE SURVEY NOW
Sincerely,
Daniel J. Dructor
Executive Vice President for the
American Loggers Council
The Dirty World of Staged Trucking Accidents
On November 10, 2020, a New Orleans personal injury attorney, Danny Patrick Keating, Jr. became the 33rd defendant charged in an ongoing investigation by the United States Attorney for the Eastern District of Louisiana into crime rings that stage accidents with tractor-trailers and commercial carriers.
The ongoing federal investigation into staged accidents has resulted in charges against 33 people over the past year for intentionally staging automobile accidents with tractor-trailers and other commercial carriers in order to defraud trucking companies and insurance companies. To date, eleven of the 33 indicted defendants have tendered guilty pleas in federal court.
The criminal indictments state that the so-called “slammers” target tractor-trailers that are changing lanes in order to cause an accident by striking a tractor-trailer in its blind spot, using the slammer vehicle. The accidents are usually staged at night to avoid witnesses. After a staged accident, the slammer usually exits the slammer vehicle from the passenger side in order to avoid being seen. The remaining passengers then call 911 and one of the passengers falsely claims to have been the driver at the time of the staged accident.
The indictments state that the staged accident cases were referred to specific attorney(s) and that the attorney(s) paid defendants to stage accidents.
One indictment states that defendants “were purportedly treated by doctors who are known to the Grand Jury at the direction of Attorney A” and that one defendant had neck surgery “because Attorney A told her she would get more money through the lawsuit if she had the surgery.”
Last month, one of the indicted defendants charged with staging over 50 accidents, Cornelius Garrison (“Garrison”), was shot and killed in his apartment on September 24, 2020, less than two weeks before he was scheduled to be arraigned on October 5, 2020. Prior to his murder, Garrison allegedly had been cooperating with the F.B.I. and the United States Attorney’s office. Sources familiar with the case, who spoke with the press on the condition of anonymity, said investigators were examining the possibility that his killing was a hit meant to silence a witness. Notably, Garrison was the third “slammer” involved in the federal investigation into staged accidents to die.
International Trucks Now Offers Rebate Program for ALC Members
We are excited to announce that our newest sponsor, International Trucks is now offering a rebate program for members in good standing with the American Loggers Council and their respective State and Regional Association members. Rebates are being offered on 5 different models ranging from $1,000 to $4,000 per truck with no limit on the number of units purchased.
The program is set to run from November 30, 2020 through October 31, 2021.
REBATE AMOUNTS:
CV Model: $1,000
MV Models with Cummins: $2,000
HV Models with Cummins: $2,000
HV Models with A26: $3,000
HX Models with A26 or X15: $4,000
REBATE DETAILS:
Member must be in good standing with American Loggers Council, or State Logging Association.
There is no limit on number of times rebate can be used.
Rebate is set up for dealer to apply rebate to final price of unit at time of delivery (provided membership is validated).
Members that buy an HX, will get a Carhartt Jacket with new HX Logo.
The ALC will be verifying all requests from the dealers via email as well as forwarding verification information to corporate offices to determine eligibility.
In addition, International will be accumulating $200 per unit sold to go toward helping to fund the ALC annual meeting.
Check out more ALC Rebates: https://www.amloggers.com/rebates
John Deere Takes On Tough Terrain With New 953ML Shovel Logger
John Deere Takes On Tough Terrain With New 953ML Shovel Logger:
The John Deere 953ML Shovel Logger offers a purpose-built solution ideal for soft ground conditions, such as swamps or wetlands.
Equipped with a 36-foot live heel boom, other key features on the 953ML include a durable track system, a powerful John Deere PowerTech™ diesel engine and a comfort-boosting operator station design.
The 953ML leverages the outstanding features and ease of service found in the John Deere 900M lineup, streamlining machine operation and maintenance.
MOLINE, IL (Nov. 30, 2020) — John Deere announces the new 953ML Shovel Logger, providing a purpose-built solution for loggers operating in wetland and swamp conditions. The 953ML is equipped to help loggers outmaneuver the muck, tackling challenging job sites with its powerful live heel boom, durable track system and comfort-boosting operator station.
“We are committed to providing loggers with proven equipment solutions that meet their unique needs, regardless of the job site,” said Jim O’Halloran, product manager John Deere. “The new 953ML expands our portfolio to offer a machine engineered with wetland conditions in mind. Unlike wheeled machines, this purpose-built shovel logger can effortlessly tackle swampy terrain.”
Equipped with a 330-horsepower John Deere PowerTech™ 9.0-liter diesel engine, the 953ML delivers the power needed to tackle challenging conditions. The most notable feature on the 953ML is the 36-foot live heel swamp-logger boom with its 60-inch grapple capacity. With the live heel boom, control over the positioning of the log is improved during timber-handling operations. Another key feature, the long and wide undercarriage, combined with excellent ground clearance and proven tractive effort, maximizes its maneuverability and flotation in soft, swampy and spongy conditions.
“It’s got all the reach you need to get down into a hole and grab something. It has the lifting power and stability for handling big logs. And with the long tracks, it has plenty of flotation for working in wetlands,” said Trey Freeman, Long Bay Trucking, “The ride and feel are smooth and comfortable. There’s plenty of room in the cab, and the visibility is great. I can look out and grab what I need to grab. And if I start to get stuck, I can see the tracks really well.”
The operator station on the 953ML offers improved visibility, equipped with floor-to-ceiling front and side windows along with an overhead skylight. Comfort-boosting features, including a climate-controlled cab, fully adjustable armrests, joystick-mounted buttons and a standard air-ride seat, cater to operator needs on the job site. An enhanced lighting package, including boom-mounted lights, improves visibility regardless of the job site environment.
The 953ML boosts the outstanding machine features and ease of service that loggers expect from the John Deere 900M machine lineup. Additionally, providing real-time machine data and alerts, JDLink™ is available five years in base, helping to further maximize machine efficiency and uptime.
To learn more about the new 953ML Shovel Logger, as well as the full line of John Deere Forestry equipment, visit your local John Deere dealer.
About John Deere
Deere & Company (www.JohnDeere.com) is a world leader in providing advanced products, technology and services for customers whose work is revolutionizing agriculture and construction — those who cultivate, harvest, transform, enrich and build upon the land to meet the world's increasing need for food, fuel, shelter and infrastructure.
Contact: Amy Jones, imre Email: amyj@imre.com Phone: 410-821-8220
Hit a Truck, Get a Check: Nuclear Verdicts on the Rise
It is no secret that nuclear verdicts are on the rise in accident litigation across the United States. These “runaway” or “nuclear” verdicts are jury awards that exceed $10 million, and they are a major obstacle facing the trucking industry today.
On June 23, 2020, the American Transportation Research Institute (“ATRI”) released a report confirming that verdict awards for plaintiffs over $1 million have drastically increased in number and size over the years. The report, “Understanding the Impact of Nuclear Verdicts on the Trucking Industry,” examined the history of large verdicts in addition to underscoring the impact they have on the industry. The study analyzed 600 trucking cases between 2006 and 2019 in which the jury award was over $1 million. The data is quite compelling. In 2006, there were only four cases with awards over $1 million. The numbers slightly increased from 2006 to 2010 with ATRI reporting there were as many as 26 cases. However, from 2010 to 2018 the numbers shot through the roof as ATRI reports there were 299 cases in which the jury awarded over $1 million to a plaintiff. ATRI reports an increase of 235 percent from 2012 to 2019!
Not only did the number of jury verdicts increase, the size of the verdict increased as well. For example, in 2011 a $40 million verdict was awarded where a driver failed to yield at a stop sign, resulting in the death of two passengers. In 2012, a $281.6 million verdict (reduced to $105.2 million) was handed down where a drive shaft broke and pierced the windshield of a vehicle killing the vehicle’s driver. The largest verdict was awarded in 2016 where a company was ordered to pay $280 million when a driver fell asleep and struck a vehicle killing five passengers, including two children.
ATRI reports that certain factors substantially impact verdict size. For example, accidents involving children are the single largest factor in verdict size, finding a $27 million increase on average where a child was either injured or killed because of the accident.
Nuclear verdicts are not going anywhere, so, how do companies protect themselves? Certainly, it is near impossible to totally prevent an accident from occurring; however, there are steps that companies can take to mitigate risks.
First, it is important to develop a culture for safety and to adhere to the company’s commitment to same. This means communicating company expectations to drivers and enforcing rule violations—including violations by your most seasoned drivers. Trucking companies should also focus on allocating resources towards safety and compliance measures. Enhanced safety measures include going over and above The Federal Motor Carrier Safety Administration (“FMCSA”)’s regulations, employing strict hiring/recruitment standards—including implementing background checks, and checking driver incident history reports, ensuring adequate driver training, and retaining documentation of driver trainings on file. Companies should oversee drivers by implementing drug testing and monitoring the driver’s hours of service. Companies should also strive to improve the safety of trucks and consider updating and installing truck safety technology such as camera systems and have preservation policies in place in the event this data is needed for trial.
Nuclear verdicts can have detrimental effects on the trucking industry, from closing company doors, to forcing bankruptcy, and higher insurance premiums. Although it is impossible to avoid every accident, early assessment and risk management will add an extra layer of protection in the event you find your company at the forefront of a lawsuit. Let your company’s commitment to safety assist in the defense of your company!
A full report on this subject can be found at: https://truckingresearch.org/wp-content/uploads/2020/06/ATRI-Understanding-the-Impact-of-Nuclear-Verdicts-on-the-Trucking-Industry-06-2020-2.pdf
Source: Setliff Law
For questions or comments, contact Cindy S. Foster (cfoster@setlifflaw.com) at 804-377-1275 or Steve Setliff (ssetliff@setlifflaw.com) at 804-377-1261.
USDA Forest Service Announces Key Changes to NEPA Procedures
WASHINGTON, Nov. 18, 2020 – The USDA Forest Service today announced the publication of a final rule implementing key changes to its National Environmental Policy Act (NEPA) regulations. The changes include new tools and flexibilities to tackle critical land management challenges as part of a broader agency effort to better serve the American people through timely, high-quality management decisions affecting infrastructure, permitting and restoration of natural resources on their national forests and grasslands.
“These changes will ensure we do the appropriate level of environmental analysis to fit the work, locations and conditions,” said U.S. Secretary of Agriculture Sonny Perdue. “The new categorical exclusions will ultimately improve our ability to maintain and repair the infrastructure people depend on to use and enjoy their national forests – such as roads, trails, campgrounds and other facilities.”
Categorical exclusions are a type of analysis for certain activities that typically do not have significant environmental effects. The rule establishes new or revised categorical exclusions that eliminate redundant efforts, allowing for previous environmental analyses to be used to support new decisions under certain circumstances, among other efficiencies.
The Forest Service finalized the regulations following its review of extensive public engagement and decades of experience complying with NEPA, one of the nation’s foundational environmental laws. The changes will allow Forest Service officials to concentrate resources on projects that are potentially more complex or have greater public interest, while also meeting NEPA requirements and fully honoring the agency’s environmental stewardship and public engagement responsibilities.
The updated regulations will publish tomorrow, Nov. 19 in the Federal Register and will take effect immediately. For additional details about the rule, visit www.fs.fed.us/emc/nepa/revisions/index.shtml.