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Utah Environmental Congress:
In The News
Deseret Morning News, Monday, August 22, 2005
10th Circuit halts timber clearing in Fishlake Forest
Associated Press
The 10th U.S. Circuit Court of Appeals has halted a timber-clearing project in Fishlake National Forest, ruling that the U.S. Forest Service failed to adequately study the possible effects.
The appeals court upheld the Utah Environmental Congress' request to overturn a
district court ruling that would allow the Forest Service to reduce stands of
spruce and aspen on about 220 acres in Wayne County. The project's objective is
to thin the stands most at risk for spruce beetle infestation while supplying
local businesses with timber.
The UEC argued that the federal plan did not properly select indicator species
to study the effect on the old-growth timber and the surrounding ecosystem and
did not consider "a reasonable range of alternatives."
The appeals court found the Forest
Service did examine reasonable alternatives, but it did not use suitable
indicator species to assess the effect that clearing the trees would have.
It is the second time in less than a month the 10th Circuit Court has sided with the UEC. Last month, the court granted an emergency stay to halt a planned timber sale on Fishlake National Forest. Oral arguments for that case are scheduled for November.