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Forest Service plan shot down by court
By Brent Israelsen A federal court has put the skids on a U.S. Forest Service plan that would have allowed logging on Monroe Mountain in the Fishlake National Forest. In a 30-page ruling released Wednesday, the 10th Circuit Court of Appeals in Denver overturned a U.S. District judge's decision to dismiss a Utah environmental group's challenge of the "Monroe Mountain Ecosystem Restoration Project." The appeals court said the plan, which would apply to 50,000 acres, did not adequately address possible impacts to several critters identified in forest regulations as "management indicator species." The Forest Service, the appeals court ruled, "must gather quantitative data on actual [management indicator species] populations that allows it to estimate the effects of any forest management activities on the animal population trends." The favorable ruling for the Utah Environmental Congress comes three years after the group failed to persuade U.S. District Judge Paul Cassell to stop the Monroe Mountain project. The project, which included a number of actions to improve the forest, would have logged 8.7 million board feet of timber -- enough to build 670 average-sized homes. Fishlake officials did not sufficiently analyze impacts to the endangered southwestern willow flycatcher, the sage grouse, and birds such as the woodpecker that nest in tree cavities, the court found. As a result, "we conclude the Forest Service's authorization of the Monroe Project was arbitrary and capricious," states the appeals court ruling, which remands the case back to Cassell for reconsideration.
Court cuts logging plan for Fishlake National Forest
THE ASSOCIATED PRESS
SALT LAKE CITY -- A federal appeals court shot down a plan for logging on 5,000 acres of land in central Utah's Fishlake National Forest. The U.S. Forest Service failed to assess the impact of logging on the southwestern willow flycatcher, the sage grouse and birds such as the woodpecker that nest in tree cavities, the 10th Circuit Court of Appeals ruled Wednesday. A three-judge panel ordered officials to study the animals' population trends before approving any logging projects around the base of 11,226-foot Monroe Peak. The panel sent the case back to U.S. District Judge Paul Cassell, who rejected a lawsuit filed by the Utah Environmental Congress. "We conclude that the Forest Service's authorization of the Monroe Mountain project was arbitrary and capricious," Judge Carlos Lucero wrote for the panel. Monroe Peak is about 25 miles south of Salina. Ray Vaughan, a lawyer for the Utah Environmental Congress, said the conservation group had won a previous case challenging Forest Service logging plans "and now again at the 10th Circuit Court of Appeals. It is our sincere hope the Forest Service in Utah will begin monitoring (endangered species) and obey the law." Officials for Fishlake National Forest in Richfield weren't immediately available for a response. They had planned to take bids for 8.7 million board feet of timber, enough to build 670 average-sized homes. This story appeared in The Daily Herald on page
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Environmental group wins anti-logging suit
By Donna Kemp
Spangler A local environmental group has won a legal challenge to halt logging on Monroe Mountain in the Fishlake National Forest.The 10th Circuit Court of Appeals in Denver on Thursday reversed a lower court decision of the U.S. Forest Service's approval of a restoration project covering about 50,000 acres in central Utah's Fishlake National Forest. It was a significant victory for Utah Environmental Congress, which sued over the project because of the impacts to wildlife. "This is a tremendous victory for wildlife across six states," said Denise Boggs, founder of UEC. Fishlake National Forest officials were unavailable for comment. At issue is the so-called "Monroe Mountain Project," which proposed a combination of timber harvesting and prescribed burns to restore the area. In its approval,the Forest Service determined that clearing 2,645 acres of mixed conifer and aspen stands would decrease the intensity of wildfires. It also found that reducing the density of 248 acres of spruce and fir stands would decrease the risk of epidemic spruce beetle infestation. It would create more habitat for livestock and wildlife and produce about 8.7 million board feet of timber that would support the local economy. In 2001, UEC sued the Forest Service in U.S. District Court, arguing that the federal government violated the law by not monitoring for so-called "Management Indicator Species" — species presumed to indicate the welfare of other groups of wildlife. Specifically, environmentalists said the Forest Service failed to study the impacts the project would have for the southwestern willow flycatcher, sage grouse, sage nesters and cavity nesting birds. Forest officials argued that it isn't required to use the quantitative population data in monitoring for indicator species but rather requires them only to monitor population trends. Appeals judges disagreed. "The Forest Service must gather quantitative data on MIS populations that allow it to estimate the effects of any forest management activities on the animal population trends, and determine the relationship between management activities and population trend changes," the court ruled. "Because we conclude that the Forest Service has not complied with its duties under the Forest Service regulations, we conclude that the Forest Service's authorization of the Monroe Mountain Project was arbitrary and capricious." Judges remanded the case back to U.S. District Court in Utah. Environmentalists are hopeful the decision will change the way the Forest Service monitors species. "Utah's national forests are national treasures," said Ray Vaughan, attorney who represented UEC. "It is our sincere hope the Forest Service in Utah will begin monitoring for MIS and obey the law." |
