Environmental Group Challenges Removal of Beetle Killed Timber

Dec. 10–A timber sale and restoration project on the Nez Perce-Clearwater National Forest cleared one hurdle when a federal judge turned away an environmental lawsuit seeking to stop it.

That means the Little Slate Project near the ghost town of Florence could be implemented next year. But there may be more hurdles yet to clear. The environmentalists who lost the case are considering a trip to the 9th U.S. Circuit Court of Appeals, where they hope for a more favorable ruling.

“Unless our attorney says no, we are going to appeal,” said Gary Macfarlane of Friends of the Clearwater.

He said they might also seek attorneys fees even though the group lost the lawsuit.

The Little Slate project aims to cut about 40 million board feet of timber from 2,500 acres within a 36,000-acre area. The timber would be harvested in six separate sales carried out over three years. It would reduce the risk of large and damaging wildfires by removing trees killed by a beetle infestation.

Friends of the Clearwater and the Alliance for the Wild Rockies alleged the agency violated the Endangered Species Act and National Environmental Policy Act by failing to adequately analyze the effects the logging could have on several species, including threatened Canada lynx. Judge Mike Williams dismissed their claims.

Macfarlane said the groups are not satisfied with his ruling in regard to their concerns over lynx. The groups filed a 60-day notice of intent to sue prior to the lawsuit that included reports of possible lynx sightings in the project area by agency employees, which the groups obtained through a Freedom of Information Act request.

The agency had said in its analysis of the environmental effects of the timber sale that the area was not occupied by lynx. But after the notice of intent to sue, the agency consulted with the U.S. Fish and Wildlife Service, which found that the area was unoccupied by lynx despite the possible sightings.

In the lawsuit, the groups argued the agency was wrong to add the consultation to its administrative record after the decision to log had been made and that it must complete a supplemental environmental impact statement.

Judge Williams agreed the agency could not amend its record, but said a supplemental study was not needed since the results of the consultation did not differ with the agency’s original findings on lynx.

Macfarlane said the issue surrounding the lynx is confusing and clarification is needed from the higher court.

On Friday, the attorney representing the environmentalists asked Williams to stay the deadline for them to seek attorneys fees. When environmental groups file and win lawsuits against the Forest Service, the agency often has to pay their legal fees. The groups lost the case in this instance. But they might claim they should have that portion of their legal fees paid because their suit compelled the agency to voluntarily consult on lynx, as they had asked.

Williams agreed to stay the deadline until Feb. 27, or until after the resolution of an appeal if one is filed.

Barker may be contacted at [email protected] or at (208) 848-2273. Follow him on Twitter @ezebarker.