Forest Service wins A to Z

The Ninth Circuit affirmed the district court denial of a preliminary injunction for the North Fork Mill Creek A to Z Project on the Colville National Forest, which has been discussed here. Of note, the question of contractor-NEPA was not addressed, although the court said that the Forest Service “reviewed and approved” the EA, and …

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Enjoined timber sale “renegotiated”

The Johnson Bar Salvage Sale on the Nez Perce-Clearwater National Forest has been approved by the Forest Service and the litigants.  (Johnson Bar has been previously discussed here in several posts.) Following the injunction, Nez Perce-Clearwater National Forest Supervisor Cheryl Probert pulled the project and committed to a rewrite that was completed earlier this year. …

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9th Circuit takes out NFMA diversity requirement

In a 2-1 decision, which allowed the Big Thorne timber project to proceed on the Tongass National Forest, the Ninth Circuit Court of Appeals affirmed a district court opinion that the Forest Service had complied with NFMA when it adopted forest plan direction related to managing old growth forest for deer to support viability of …

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9th Circuit upholds EA for Shasta-Trinity logging project

The mantra I always use to hear was don’t use an EA if you might get sued.  Maybe things are different now?  Or maybe this was just one of those EAs that looked a lot like an EIS. The Project’s proposed treatment methods will retain all existing snags greater than 15 inches in diameter, “unless …

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Region 1 – A Years Worth of Harvests Tied Up In Litigation

How many times on this site have we heard that acreage and timber volume tied up in litigation is insignificant? This would seem to indicate otherwise: “Covering Idaho, Montana and portions of the Dakotas, Region 1 of the U.S. Forest Service has reached a grim milestone. Over 35,000 acres of forest projects on Region 1 …

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Mendocino N. F. loses HFRA project lawsuit

The Eastern District of California District Court has reversed a decision by the Mendocino National Forest to implement the Smokey Project, which would include fuel and vegetative treatments intended to further habitat and fire management goals and contribute to the MNF’s timber production goals (Conservation Congress v. U. S. Forest Service). The project was located …

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Custer-Gallatin wins salvage logging lawsuit

On Feb. 6, Judge Molloy in the Montana District Court upheld the Custer National Forest’s  use of the categorical exclusion applicable to projects not exceeding 250 acres for the Whitetail Salvage Project.  In Native Ecosystems Council v. Weldon he found that even though it was the third project in the area affected by the 2012 Ash …

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History of logging in Montana

The Missoulian is running a series of articles on this subject.  The one in Sunday’s paper asks these questions about the future: “Banishment from the national forests would doom many Montana timber towns to welfare status, according to advocates in the wood-products industry. But if they’re dependent on access to public timber, isn’t that another …

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