by Sam Evans
Late last week the Southern Environmental Law Center filed suit challenging the Nantahala-Pisgah Forest Plan on behalf of MountainTrue, Defenders of Wildlife, the Center for Biological Diversity, and Sierra Club. These groups have spent years and thousands of hours of staff and volunteer time to help the Forest Service get it right, only to see their interest in ecological restoration left out of the final product. Here’s why we feel we have no choice but to sue:
The 2012 planning rule promised to be a watershed moment. Unlike older plans, 2012-rule plans are supposed to restore ecological integrity and biological diversity first and foremost, with multiple-use and timber management to the extent compatible with that restoration emphasis. This narrower, more science-based approach was also supposed to take some of the conflict out of the process and make planning easier and faster.
It’s not working, and the reason is simple: Local decisionmakers want to hold onto the discretion that the planning rule tried to remove. The rule instructed planners to adopt plan components—specifically including standards or guidelines, which operate as constraints on future projects—to maintain and restore ecological integrity. In other words, the rule told planners to give up the flexibility to conduct projects that don’t contribute to ecological integrity.
To that, the Nantahala-Pisgah team simply said “no thanks.” Under our new plan, all logging is good logging, no matter where it occurs. I don’t mean this as hyperbole: The plan’s actionable goals for ecological integrity—lots more early successional habitat and open canopy conditions—apply only at the landscape scale. No matter where and how logging occurs, it counts toward these targets.
This should go without saying, but “more logging” will not necessarily restore ecological integrity. According to the agency’s best available science, ecological integrity is different for each forest community type, or “ecozone.” Each ecozone has its own disturbance regime, which creates canopy openings of a characteristic scale and frequency. On the Nantahala-Pisgah, for example, sheltered, moist cove hardwood forests should be dominated by very small gaps, with rare larger openings. Dry ecozones with higher fire exposure experience stand-replacing disturbances more often. These large and small openings create the conditions for different species to regenerate, maintaining canopy diversity.
Rather than setting objectives to restore or mimic natural disturbance regimes, however, the Nantahala-Pisgah simply added up the total acreage of all those small and large gaps, across all ecozones, and set an aggregate, landscape-scale target for early successional habitat creation. Conveniently enough, early successional habitat will be created through scheduled timber production. None of the plan’s objectives connect the dots between the overall logging target and ecozone-scale needs for ecological integrity.
That’s where standards or guidelines should come in. But the Nantahala-Pisgah plan contains zero standards or guidelines to ensure that logging contributes to ecological integrity as the agency defined it. The plan explains that this omission was intentional. According to the plan, logging isn’t required to contribute to ecozone-scale integrity because of (1) wildlife habitat needs and (2) operational and financial considerations.
To be clear, the 2012 planning rule does not allow units to ignore ecological integrity requirements to provide wildlife habitat. Quite the contrary: Restoring ecological integrity is precisely how the planning rule anticipates we will provide wildlife habitat. That leaves operational and financial considerations. In other words, the Nantahala-Pisgah says it’s more economically efficient to conduct scheduled regeneration harvest in large patch cuts than it is to restore ecozones. Does anyone else hear echoes from the 1982 rule?
Leadership for the Nantahala-Pisgah have assured us that they want to do good work, and that this plan will give them the flexibility to do so. In other words, they tell us, plans don’t matter. But planning is the only opportunity to influence landscape-scale outcomes. Without consistent direction to serve as a rudder, the Forest Service will almost always go with the flow. We all know that the easiest work, not necessarily the most important, is what gets done. And the Nantahala-Pisgah’s internal analysis (not disclosed in the EIS, mind you) bears out this concern. It shows that the heaviest logging will continue to occur in the wrong ecosystems, degrading both structure and composition over time.
This isn’t the only problem with the Nantahala-Pisgah plan, but it’s a big one. A plan like this one is an existential threat to the planning rule itself. No one expected the transition to ecological restoration to be easy in the East, where timber production has been the mode of operation for decades. But we can’t sit back and let the Forest Service set the precedent that it doesn’t even need to try.
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Attached is a copy of the complaint.(1) 2025-03-27 Complaint