Trouble in Tuskanooga - Classroom Law Project

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Presenter’s Handout
Trouble in Tuskanooga: A Mock Debate on the Timber Controversy
Lesson Objectives:
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Students will gain experience in forming an argument and presenting it convincingly.
Students will be able to articulate the conflicting issues at stake in the timber crisis on a deeper
level than “jobs v. owls.”
Students will be able to explain the key elements of the Endangered Species Act and what needs to
be proven to obtain an exception to the Act.
Description:
This is an activity where student explore the current timber debate by role-playing various special interest
groups. It can be as formal and complicated as a moot court carried out over several classes or as simple
as a single class discussion.
The debate is presented as a meeting of the God Squad, a special committee that can allow a government
project to continue, even if it will jeopardize an endangered or threated species. The God Squad must
decide whether to grant an exception under the Endangered Species Act to allow a timber harvest in the
critical habitat of the threatened marbled murrelet. The lists of marbled murrelets as threatened species is
going to heat up the already volatile debate over jobs v. owls, because the marbled murrelet’s habitat is
not the same as that for the spotted owls. Area set aside as perseveres to protect the owl will not be
sufficient to protect the marbled murrelet. The place names are fictional to prevent the debate from getting
too fact specific.
The students can form their arguments based on the descriptions of the different groups and their own
creativity. For a more in depth study, the students can use outside research to develop their arguments.
Grade Level: Tenth grade and up
Materials: This packet contains:
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A handout on the Endangered Species Act containing key sections of the Act
A background sheet on the facts of the case to be debated
A handout for students on how the debate will work
A description of the special interest groups
A guide to presenting mock debates in the classroom
A reference list
Logistics: You will need:
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Adequate space to allow individual groups to meet privately to plan their arguments
A room for the debate that allows the five member God Squad to sit in the front of the room
A place for the God Squad to deliberate in private
Time: Time required depends on the complexity of the debate and whether outside research is done. (I
would encourage outside research because so much information is available in periodicals). One approach
is to use three 50-minute classes: one to discuss the Endangered Species Act, one to prepare for the
debate, and the final class for holding the debate and discussing the outcome.
Debate Procedure:
1. Explain and discuss the key parts of the Endangered Species Act. One way is to have the class tell
you what they think the Act says before looking at the handout.
2. Discuss the background on the Tuskanooga National Forest as a group. One way to help the
students visualize the situation is to have the students work together to draw a map of the area on the
board.
3. Break the class into small groups and designate which special interest they will represent. Do no
designate anyone to be on the God Squad at this point.
4. Group work. Each group must choose a spokesperson to present their argument to the God Squad.
The spokesperson must be ready to present a reasoned argument why the board should decide in their
favor and why the board should not find for other groups with different positions. Circulate among the
groups and have them explain to you what their tasks are to ensure understanding. Impress on them
the need to think like a member of the special interest group even if it conflicts with their personal
view. Assure them that when the debate is over they will be able to voice their personal opinions.
5. Select on person from each group to be a God Squad member. Do this after the students have
worked on their arguments and are ready to present. Selecting Squad members from the special
interest groups serves two purposes:
a. All the students have an opportunity to work on developing an argument. (If the Squad is
picked before the groups start to work on their arguments there will be five students who have
nothing to do while the rest are working).
b. It raises the issue of bias among decision makers. No matter how neutral a decision maker is,
there will be events in that person’s past that predisposes them to certain points of view. Here,
each student may be predisposed to find for the group they cam from but they must try to put
that aside and come to a reasoned decision.
6. Presentations to the God Squad. You may set a time limit for each presentation and serve as the
timekeeper. I suggest no more than five minutes per group including any time spent answering
questions posed by the Squad.
7. Two minutes of rebuttal. The rebuttal does not have to be made by the group’s spokesperson. The
rebuttal should address any attacks on their position made by other groups.
8. God Squad recesses to make its decision. When making their decisions, the Squad should follow the
guidelines in the student handout. You should visit the Squad while they deliberate to impress upon
them the need to put aside their own beliefs and to make a decision based on the strength of the
information presented to them. If the Squad cannot reach a decision by consensus within a reasonable
time – break the deadlock with a vote. The Squad will have to choose a spokesperson to present and
explain their decision.
9.
Students rank the arguments presented. While the Squad is out deliberating, the remaining
students can create a ranked list of the best arguments, both pro and con, on the board. This is an
opportunity for the class to drop their personas as members of a special interest group and speak as
individuals.
10. Squad announces the decision.
Further Discussion:
After the Squad has announced its decision, you may want to discuss with your class whether this was a
good method of coming to a decision.
- Do they think a fair result was achieved?
- Do they think it achieved results that will provide a long-term solution?
There is a growing movement in environmental law to change the nature of decision-making. Many
people criticize processes where special interest groups rally their supporters and then work to influence
the decision makers. The critics believe that this process yields only short term solutions to a crisis and is
not a successful way to do long term planning for the future of public resources. For example, the God
Squad decided only what is best for the Nooga Section of the Tuskanooga National Forest. The Squad did
not set out to determine the best use of the land for the public 10 years from now or 100 years from now.
The Squad did not decide the best use of all the forest. Decision making through the courts provides far
less public input and is even more narrowly focused.
The world is eagerly awaiting fresh ideas on how to better incorporate long-term public values into
environmental decision-making. It is a challenge waiting for the creativity and insight of a new generation
of interested citizens.
Resource List
General Resources
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Endangered Species Act: This website summarizes The Endangered Species Act of 1973.
www.answers.com/topic/endangered-species-act?cat=biz-fin U.S. Fish & Wildlife Service: This website lists all threatened and endangered species.
http://ecos.fws.gov/tess_public/pub/listedAnimals.jsp.
Other Lesson Plans
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Endangered Species Coalition, Lessons for every grade level:
http://www.stopextinction.org/esd/195-esd-education.html.
PBS, “Threatened Species & Public Policy” Lesson for Grades 6-8:
http://www.pbs.org/americanfieldguide/teachers/threatened/threatened_unit.html.
Project Look Smart, Endangered Species Lessons with Case Studies, Grades 9-12+:
http://www.ithaca.edu/looksharp/?action=endangered.
Government Agencies:
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U.S. Forest Service, Pacific Northwest Region: http://www.fs.usda.gov/r6
U.S. Fish & Wildlife Service, Oregon Fish & Wildlife: http://www.fws.gov/oregonfwo/
Bureau of Land Management, Oregon & Washington: http://www.blm.gov/or/index.php
National Marine Fisheries Service, National Oceanic and Atmospheric Administration:
http://www.nmfs.noaa.gov/
Publications on the Timber Crisis
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Should we use the old literature from the original lesson? There is not a lot of new research on the
NW timber crisis because it seemed to be more of an issue in the nineties.
Publications on the Endangered Species Act
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Should we use the old literature from the original lesson? There is a lot written on this topic.
Background Information:
Trouble in Tuskanooga
The Tuskanooga National Forest is located in the Pacific Northwest. It has magnificent stands of ancient
trees that cover the slopes of the Tuskanooga River. The Tuskanooga River has a moderate sized salmon
run. The Tuskanooga Forest provides a habitat for deer, black bears, numerous small mammals and an
unusual bird—the marbled murrelet. Marbled murrelets live at sea for most of their life, however, they
prefer to nest in the top of ancient hemlock trees. As ancient forests are harvested for lumber, there are
fewer and fewer nesting sites. Because the population of marbled murrelets is decreasing, it was put on
the list of threatened species protected by the Endangered Species Act in 1992.
The nearby town of Tuska is a tight knit community of 2000 people. The town has a lumber mill that
provides employment for 40% of the residents and another 25% of the residents work in businesses
related to the mill such as tool sharpening, equipment repair and a café near the mill. The mill gets most
of its trees from National Forest lands. The most economic method of timber harvesting is by clear
cutting.
Most of the Tuskanooga National Forest has already been harvested for lumber. The Forest Service has
replanted the cut areas, but the reforested areas will not begin to be old enough to harvest again until
2050. Part of the National Forest has been set aside as wilderness and is not open to timber harvesting.
This wilderness portion of the forest is not large enough to support a population of marbled murrelets.
The National Forest Service was going to sell the timber on the remaining 20% of the Tuskanooga
National Forest (called the Nooga Section) when a bird watcher discovered that marbled murrelets were
nesting there. These nesting sites are considered critical to the habitat of the marbled murrelet. The
Endangered Species Act prohibits the National Forest Service from destroying the critical habitat of a
threatened species. This means that the Nooga Section timber cannot be sold to the mill unless an
exception is made in the Endangered Species Act.
A special committee has been convened to determine if an exception to the Endangered Species Act
should be made for the Nooga Section. The committee is nicknamed the “God Squad” because it will
decide if the marbled murrelets, who nest in the Nooga Section, will live or die.
If an exception is granted, then the timber can be sold to the Tuska Mill and the marbled murrelets will no
longer nest in the Tuskanooga National Forest. If an exception is not granted, the Forest Service will add
the Nooga Section to the wilderness areas of the forest and it will be used only for recreation. If the Tuska
Mill does not obtain the right to harvest this portion of forest, the mill will probably go out of business.
Student Handout
How the Debate Works
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Groups of students will be assigned to represent a special interest group
Special interest groups will meet separately to plan their arguments.
Each special interest group will present its arguments to the God Squad about what should be done
with the Nooga Section and why.
The God Squad may ask questions of the group that is speaking.
After all the groups have presented their arguments, the Squad will allow each group two minutes
to rebut any statements that hurt their argument or to clarify any points already made.
The Squad will meet in secret to determine the fate of the Nooga Section.
The Squad will announce their decision.
Preparing Your Group’s Argument
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To present a good argument you must carefully plan what you will say to the God Squad. One way
to do this is:
1. Think of whether your special interest group would support the timber sale? Why or why
not?
2. Write down all the different arguments your special interest group could make.
3. Decide which arguments are the most logical, persuasive and most difficult to disagree
with. These are your best arguments. Work hard on a few great arguments rather than
trying to include every one you can think of.
4. Decide exactly how you will explain the argument to the Squad. Think of strong words
that will make a positive impact on the Squad. Make notes about how you will make your
points so that you don’t forget anything when you go before the Squad.
5. Think of how an opposing team might shoot down your arguments and plan answers to
their attacks.
How the God Squad will make its Decision
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The Squad will base its decision on the quality of the arguments presented to it – not on the Squad
member’s own personal feelings.
To grant an exception to the Endangered Species Act, the Squad must decide that the benefits to
the public from selling timber on the Nooga Section clearly outweigh the benefits of preserving
the marbled murrelet.
After announcing their decision to the group, the Squad must explain why they decided as they
did.
o If the Squad decides to allow the timber harvest – the Squad must explain why the
benefits of harvesting the timber clearly outweigh the benefits of preserving the marbled
murrelet.
o If the Squad decides not to allow the timber harvest – the Squad must explain why the
benefits of preserving the marbled murrelet clearly outweigh the benefits of harvesting the
timber in the Nooga Section.
Student Special Interest Groups
The following special interest groups will present their cases to the Committee:
 The Tuskanooga Tourism Board: The Board is made up of numerous business people trying
who are trying to build a successful tourist industry in the Tuskanooga region. The members run
restaurants, hotels, helicopter tours, backpacking trips, guided river trips and other activities that
depend on tourist dollars. The Board is worried that clear cutting drives away the tourists and their
business.
 Tuska Millworker’s Association: The Tuska mill has been in operation since 1920 and supplies
nearly three quarters of the employment in Tuska. The mill has barely been hanging on financially
for the last few years. If the mill goes bankrupt many workers will loose their jobs and possibly
their retirement.
 Friends of the Marbled Murrelet: Friend of MM are concerned that so little habitat is left for the
marbled murrelet. They think that the murrelet is what is known as an indicator species. Indicator
species act like thermometers that show the health of the forest ecosystem. They believe that if
marbled murrelets cannot survive in the woods it indicates that other less visible species (like
reptiles and insect) cannot survive either and the whole forest ecosystem is in trouble.
 Commercial Salmon Fishing Association: The Commercial Salmon Fishing Association is a
group of fisherman who depend on the Tuska River salmon runs. The salmon catch has been
steadily declining in the past few years. The Association believes that the reason for the poor catch
is the muddy waters that flow into the river rom the clear-cut areas of the Tusknooga National
Forest. In a forest the roots of the plants hold the soils and keep them in place during heavy rains.
If the area by a stream is sloped and clear-cut, there are no roots to anchor the soils and the steams
become extremely muddle, and unsuitable as a salmon habitat.
 The Timber Town Association: The Timber Town Association is a state-wise organization of
rural communities, like Tuska, that depend on timber harvesting for their economy. The group
believes that the rural lifestyle of timber workers is a good solid way to live. They have banded
together to protect not only the economies of small towns, but also their way of living. Many
families have worked in the timber industry for generations and see timber harvesting as more
than a job – it is a family tradition.
 Wood Products for Tomorrow: This is a group of industries that work together to promote the
use of woof products. It is made up of business leaders in home construction, furniture
construction, paper mills and many other industries that use wood. They feel that trees are a
renewable resource that must be harvested to sustain our standard of living. They are concerned
that too much forest is being “locked-up” for non-productive uses.
The Endangered Species Act (16 U.S.C. § 1531-1544)
Summary:
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Creates a list of plants and animals that are in danger of becoming extinct
Government projects cannot jeopardize the existence of a species on the list
No one make “take” any endangered species of fish or wildlife
The Purpose of the Law:
To protect and recover the ecosystems that endangered and threatened species depend on
The Law:
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Section 7: Prohibits government projects that could jeopardize any endangered or threatened
species, or that could destroy the species’ critical habitat
Ex. This is what forces the Forest Service to protect the spotted owl.
“Each Federal agency shall, in consultation with and with the assistance of the Secretary, insure
that any action authorized, funded, or carried out by such agency (hereinafter in this section
referred to as an “agency action”) is not likely to jeopardize the continued existence of any
endangered species or threatened species or result in the destruction or adverse modification
of habitat of such species which is determined by the Secretary, after consultation as appropriate
with affected States, to be critical, unless such agency has been granted an exemption for such
action by the Committee pursuant to subsection (h) of this section. In fulfilling the requirements of
this paragraph each agency shall use the best scientific and commercial data available.” (16 U.S.C.
§ 1536 (a)(2)).
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Section 9: Prohibits any person from “taking” any endangered species of fish or wildlife.
Ex. This is what makes it illegal to shoot a spotted owl in your backyard.
“The term “take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or
collect, or to attempt to engage in any such conduct.” (16 U.S.C. § 1532 (19)).
The Exceptions to the Law:
The God Squad is a special committee that can allow a government project to continue, even if it will
jeopardize an endangered or threated species. The God Squad is composed of seven cabinet-level officials
with the power to set aside the Endangered Species Act when the Squad decides four things:
1. There are no reasonable and prudent alternatives to the government project;
2. The benefits of allowing the government project outweigh the benefits of protecting a species or
its critical habitat;
3. The government project is of regional or national significance;
4. The government project did not make any irreversible or irretrievable commitment of resources.
(16 U.S.C. § 1536 (h)(1)(A)).
In addition, the Secretary of Defense may force the God Squad to exempt a project from the law “for
reasons of national security.” (16 U.S.C. § 1536 (j)).
Important Definitions
Critical Habitat: Specific areas that are essential to the conservation of the species
Endangered Species: Any species that is in danger of extinction in all or an important part of where it
lives.
 Except insect pests that present a large risk to humans
Ex. Mosquitoes will never be protected by the Endangered Species Act.
Fish or Wildlife: Any member of the animal kingdom, including any mammal, fish, bird, amphibian,
reptile, mollusk, crustacean, arthropod or other invertebrate, and includes any part, product, egg, offspring
or the dead body.
Harm (used in definition of take): An act that actually kills or injures wildlife. This includes killing
wildlife by changing or degrading its habitat so that it cannot find food, find shelter, or breed.
Jeopardize: To do something that would make it less likely that a species will survive in the wild.
Species: Includes any subspecies of fish or wildlife or plants, and any distinct population segment of any
species of vertebrate fish or wildlife, which interbreeds when mature.
Threatened Species: Any species that is likely to become an endangered species, in all or an important
part of its habitat, in the foreseeable future.
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