Timber cutting plan wins on a split decision

Ashley Forest: The judge is critical of how affected species were evaluated in the planning process

By Joe Baird
The Salt Lake Tribune

February 14, 2006

A federal judge has issued a split decision over a challenge by a pair of environmental groups to the Ashley National Forest's land-use plan and a proposed timber sale.
    U.S. District Court Judge Tena Campbell upheld the contention of the Utah Environmental Congress and High Uintas Preservation Council that Ashley officials erred when they pared their list of "management indicator species" - used to help monitor overall forest health - from 12 species to two in their forest planning process.
   Campbell, however, upheld the proposed Trout Slope timber sale, ruling that the Forest Service's approval of the 2,000-acre project was "legally sufficient."
   Ashley National Forest officials Monday declined comment on the ruling. A call to the Utah Environmental Congress was not immediately returned.
   The environmental groups argued that removing all but two of the indicator species - only the northern goshawk and Colorado River cutthroat trout were used for the planning process - was inconsistent with statutory and regulatory requirements and made it impossible for the Forest Service to comply with its federally mandated monitoring obligations.
   Campbell agreed, noting that by their own admission, the Forest Service acknowledged that the goshawk and cutthroat trout represented only half of the Ashley's overall area. She also agreed with complaints that the Forest Service took an overly broad approach to determining which indicator species would be suitable for the plan.
   But the judge sided with the Forest Service on the proposed timber sale, ruling that the agency "did not act arbitrarily or capriciously" in interpreting its old growth forest guidelines or in identifying endangered or threatened species. Campbell was not persuaded that the lynx, three-toed woodpecker, northern goshawk or Colorado River cutthroat trout would be harmed by the project.
   Campbell concluded that the Forest Service's approval of the Trout Slope Project "was consistent with [indicator species] monitoring obligations."
    jbaird@sltrib.com