Judge: USFS Must Consult with US FWS to Protect 10 Million Acres of Lynx Critical Habitat

lynxOn May 16, 2013, U.S. District Court Judge Dana Christensen ruled in favor of conservation groups and found that the U.S. Forest Service violated the Endangered Species Act when it failed to consult with the U.S Fish and Wildlife Service to determine whether its region-wide management direction for the threatened Canada lynx would destroy or adversely affect 10 million acres of designated critical habitat for the elusive feline.

In the past, the Forest Service had taken a project by project approach to managing critical habitat, but recovering Canada lynx requires managing their habitat at the large landscape scale. This ruling requires the Forest Service to sit down with the Fish and Wildlife Service to ensure its big-picture management scheme is protecting the 10 million acres of designated lynx critical habitat in the northern Rockies. The judge’s ruling impacts 11 national forests containing designated critical habitat in Montana, Idaho and Wyoming.

The lawsuit challenged the Forest Service’s failure to consult with the U.S. Fish and Wildlife Service to ensure that the Northern Rockies Lynx Management Direction would not destroy lynx critical habitat. At the time the management direction was adopted, lynx critical habitat was only designated in three national parks—Glacier, North Cascades and Voyageurs. The U.S Fish and Wildlife Service subsequently designated 10 million acres of critical habitat across 11 national forests in the northern Rockies after it determined that Julie MacDonald, a high ranking political appointee in the Bush Administration, had improperly interfered with critical habitat designations for several species, including the Canada lynx. The court ruling determined that the Forest Service should have consulted with the Fish and Wildlife Service when the new critical habitat was designated.

True Nature: Revising Ideas On What is Pristine and Wild

disneyland-timeshare
I thought this was interesting, as it came across my screen right after our discussions of “ecological integrity” in the new planning rule. My hypothesis is that every twenty years or so the same “truths” are rediscovered..because the shifting and fragmenting nature of disciplines leaves scientists unfamiliar with previous thought on the same topic.

So here’s an article in Yale Environment 360. It fascinates me that this is reported as if Dan Botkin (yes, the same who spent time at Yale Forestry School) said much the same in his book Discordant Harmonies in 1992 (over 20 years ago). The use of the idea of “museum exhibit” reminded me of this paper by Connie Millar and Bill Libby in Fremontia in 1989, when they used the more colorful term “Disneyland”. Due to my disciplinary loyalty, the photo above is of Disneyland and not a museum.

Given the discussion we’ve just had about “ecological integrity,” here’s an interesting excerpt:

For instance, it calls into question the conventional view that ecosystems such as rainforests are complex machines, or super-organisms, that have emerged through a long process of co-evolution of species to fill ecological niches. But, if that is so, asks ecologist James Rosindell of Imperial College London, how come alien species are so good at invading other ecosystems, frequently becoming fully integrated neighbors?

Ecosystems begin to look a lot more accidental, random, and transient than niche theory would suggest. They are constantly being remade by fire and flood, disease, and the arrival of new species. They are a hodgepodge of native and alien species. This fits a rival model for how ecosystems work called “ecological fitting,” first articulated by the legendary U.S. ecologist Daniel Janzen of the University of Pennsylvania. He said that co-evolution is a bit-part player in ecosystems; most of the time, species muddle along and fit in as best they can.

Far from reaching some equilibrium state with niches filled, ecosystems have always been in a constant state of flux, says Stephen Jackson, of the Southwest Climate Science Center in Arizona, in Novel Ecosystems. “Change, including rapid and disruptive change, is a natural feature of the world.” Humans may have dramatically speeded that up, but novelty is the norm.

In that light, we need to look afresh at conservation priorities. Novel ecosystems cannot be dismissed as degraded versions of proper ecosystems, nor can alien species be demonized simply for not belonging. If novelty and change is the norm, Hobbs and colleagues ask, does it make sense for the growing business of ecosystem restoration to try and recreate static historic ecosystems? By doing that, you are not creating a functioning ecosystem; you are creating a museum exhibit that will require constant attention if it is to survive.

Gee, I said the same thing.. 😉 But of course those folks and I did not redefine “restoration.” Also, Pearce keeps using “virgin” inappropriately, in my view, as per my post in HCN here.

Dialogue in an Era of Divisiveness: ACR 2013 Conference

meeting 1

On LinkedIn, I joined the National Coalition for Dialogue and Deliberation, and they posted this meeting announcement for the Association for Conflict Resolution Environment and Public Policy Section 2013 meeting in Washington, D.C.. The title is “Dialogue in an Era of Divisiveness” which sounds very germane to the goals of this blog. Here’s a link to the agenda.

If I were in DC, I would definitely attend. There are many Forest Service and other agency speakers and a variety of interesting topics. I bet that there are some lessons we could learn from these collaboration and conflict resolution experts. If any blog readers are attending, one or more posts on what you find out would be appreciated.

Note: “collaboration” seems to be used in this agenda without the negative undertones associated with it sometimes in the Forest Service context. It would be interesting to observe this at the meeting.

Wisconsin wildfire started by logging operations destroys 17 homes

From the Associated Press:

MADISON — Prosecutors announced Thursday they won’t file charges against loggers whose equipment apparently started a massive wildfire in northwestern Wisconsin, concluding there was no criminal intent or negligence.

The fire began Tuesday afternoon in the woods near Simms Lake in Douglas County, about 40 miles southeast of Duluth, Minn. It consumed 8,131 acres, destroyed 17 homes and forced dozens of people to evacuate before firefighters contained it late Wednesday evening. No injuries have been reported.

The state Department of Natural Resources released a statement Thursday saying logging equipment started the fire.

A logger was operating a large machine similar to an end loader with a circular saw that cuts groups of trees, DNR Fire Law Enforcement Specialist Gary Bibow said. The operator noticed smoke coming from under the cutting head, jumped out of the cab and saw the grass under the machine was burning.

The operator nearly had extinguished the fire when it leaped 40 yards into the trees and raced out of control, Bibow said.

“He thought he had it out, and it took off,” Bibow said. “It climbed into the top of the trees.”

Another member of the logger’s crew immediately called 911, according to the DNR’s statement.

It’s still unclear whether the machine caught fire or created sparks as it was cutting, DNR spokeswoman Catherine Koele said. Neither she nor Bibow knew the name of the loggers’ company.

The DNR said in its statement that Douglas County prosecutors had decided there was no criminal intent or negligence and they had declined to issue any charges.

Douglas County Assistant District Attorney Ruth Kressel said in an email to The Associated Press nothing suggests the fire was started intentionally.

“We realize how tragic this fire has been and the devastation to homes, buildings and to our north woods, but … the origin and cause of the fire lack the requisite intent for criminal charges,” she said.

The fire was one of the worst to strike northern Wisconsin in three decades.

Kissing the Past Gently Good-bye

mandela

Yesterday I spent the day doing other things, so didn’t see Bob’s post on the Tinder Box book until last night.

We have posted on the book before (last October, even with a photo on the cover) with some interesting discussion here.

Here is a bit of my take and another side. But as folks can tell, it is kind of silly on the surface. I was in Region 5 before the Consent Decree and people were grumpy about “losing herbicides” and not having as much money as Region 6. They also didn’t understand how women in fire wouldn’t move down from Region 6 to take a downgrade! There was something very strange about the way it was (mis) managed in 5 compared to 6. But since the people running things at the time were not women, then it really couldn’t have been women’s fault. Similarly, the CD was only in Region 5, which is not equivalent to the Forest Service as a whole. Region 6, where I started, seemed to have an attitude “just get on with it, if we don’t do it on our own terms, we’ll do it on someone else’s.” Of course, they had more money.. and so on the conversation could go.

But I think Travis said something very pertinent in his comment here, and after all, as I understand it, Travis is one of the future generation:

I also liked that Travis quoted Faulkner “the past is not dead, it’s not even past”.

This is “a new century” for the Forest Service, as the blog title suggests. Misogynistic, spiteful, morally-wrong and legally-impossible arguments are not helpful in a debate about the direction of the agency in the 21st century.

I read that comment, and then saw the Mandela quote posted above.

What would it take for us to leave our past (timber wars in Oregon, diversity wars in California) behind and imagine a future as good as we could all mutually make it?

Buffalo Nightmare: 3 Days of Taxpayer-Funded Yellowstone Helicopter Hazing

According to the Buffalo Field Campaign, this taxpayer-funded helicopter hazing of wild bison – including pregnant females and new-born calves – took place within the borders of Yellowstone National Park, as well as on the Gallatin National Forest. This picture is from within Yellowstone National Park.
According to the Buffalo Field Campaign, this taxpayer-funded helicopter hazing of wild bison – including pregnant females and new-born calves – took place within the borders of Yellowstone National Park, as well as on the Gallatin National Forest. This picture is from within Yellowstone National Park.

According to my friends at the Buffalo Field Campaign:

May 13, 14 and 15 a tax payer funded helicopter harassed the Yellowstone ecosystem, both within Yellowstone National Park and portions of the Gallatin National Forest just outside the Park.  Flying at times 20 feet above the earth and Madison River the management actions disrupted all in the area. Pregnant buffalo Moms and new born calves where ran up to 12 miles in the hazing operation.

You can watch some “highlights” of this taxpayer-funded torture of America’s last wild bison on public lands in Yellowstone National Park and the Gallatin National Forest, but be warned that some of the images are likely to turn your stomach and make you mad.

This baby bison with a broken leg gets no relief or sympathy from the tax-payer funded helicopter hazing operation in Yellowstone National Park and the Gallatin National Forest.
This baby bison with a broken leg gets no relief or sympathy from the tax-payer funded helicopter hazing operation in Yellowstone National Park and the Gallatin National Forest.

UPDATE:  I just got an email from a family that lives in the Horse Butte area just outside of Yellowstone National Park. This family stated that US Department of Homeland Security agents came onto their private land and removed their “no trespassing” signs, told the family never to put up the “no trespassing” signs again, claiming it was a threat to federal agents.  Yep, that’s right people, the US Department of Homeland Security is spending your tax dollars hazing wild bison with helicopters!

 

How Feminism Wrecked the US Forest Service

The following book review was written by Laura Wood for her blog, The Thinking Housewife: http://www.thinkinghousewife.com/wp/2012/06/how-feminism-wrecked-the-u-s-forest-service/

I thought this might provide an interesting discussion piece for the retired USFS readers who sometimes Comment on this blog, as well as the (usually anonymous) Commenters who still work there. It’s a controversial topic with which we are all familiar — it’s just unusual to see it laid out on the table for consideration and discussion, as Wood has done here.

How Feminism Wrecked the U.S. Forest Service

Book Review by Laura Wood

TWO YEARS ago, I posted an excerpt from a book-in-progress, The Death of the U.S. Forest Service by Christopher Burchfield. Since renamed The Tinder Box: How Politically Correct Ideology Destroyed the U.S. Forest Service, the book was published by Stairway Press earlier this spring.

Burchfield has more than fulfilled the promise evident in that excerpt. The Tinder Box is an outstanding work of investigative reporting and cultural criticism, a blow-by-blow account of how liberalism transformed the U.S. Forest Service, with its millions of acres of cherished timberlands, from one of the most effective and highly motivated government bureaucracies in American history to a rancorous, dysfunctional and despised workplace, a bureaucratic hellhole more preoccupied with egalitarian quotas and sexual harassment seminars than its mission to preserve and govern this country’s vast woodlands.

Burchfield, who has held jobs in the Forest Service, other government agencies and IBM, spent months poring over government documents and interviewing employees of the Forest, amassing a small mountain of evidence. Anyone who doubts that feminism severely damages the morale and initiative of men, and is inherently opposed to the pursuit of excellence, is encouraged to review this evidence. This story is so disturbing, pointing as it does to an environmental disaster of significant proportions, it is sure to be ignored by the mainstream. And that is a crime.

In 1876, Congress ordered the Department of Agriculture to establish the Division of Forestry for the purpose of protecting the nation’s threatened woodlands, which were susceptible to fire and had been carelessly exploited by timber interests. The bureaucratic arm was established five years after the Peshtigo Fire destroyed 1.5 million acres in Northern Wisconsin and killed as many as 2,500 people. With a growing interest in natural conservation and new scientific forest-control practices, the division was in charge of 17 million acres by 1897.

The agency was riddled with corruption and patronage when Gifford Pinchot became its head in 1898. In 1907, the U.S. Forest Service, “the oldest of America’s four great land-owning agencies — the others being the National Park Service, the U.S. Fish and Wildlife Service and the Bureau of Land Management,” was officially born. Burchfield writes:

“A scion of a wealthy Pennsylvania family, Pinchot had studied forestry in Europe and felt that America with its immense unsettled spaces, required new concepts to manage its natural resources. A witness to the almost complete denuding of Pennsylvania’s hardwood forests and the watershed problems and poverty that followed, he felt certain that good management of both timber and prairie country was essential to preserving America’s heritage.”

Pinchot curtailed the era of patronage and adopted the Civil Service System, which required all applicants to pass an exam. He envisioned a force of qualified professionals devoted to forest work and prepared for its rigors. Pinchot said:

“I urge no man to make forestry his profession. But rather to keep away from it if he can. In forestry, a man is either altogether at home, or very much out of place…”

With acquisition of more land by Congress, the Service came to oversee 93 million acres in 44 states. Foresters and district rangers were expected to have studied dendrology, physiography, silvics (the study of individual tree species and their conditions) and forestry economics. In time, the forest ranger of lore was replaced by “hydrologists, silviculturists, range managers, geneticists, engineers and entomologists” who built long careers within the Forest Service. They were also expected to adjust to heavy labor and life in remote camps.

Pinchot, who insisted the foresters cultivate a good relationship with local communities and hire locals for seasonal work, was described as a “magnificent bureaucrat” for his vision and high standards.

The subsequent years continued this pattern of professionalism and dedication.

In 1968, in keeping with the times, administrators in Washington and other urban centers grew uncomfortable with a subculture that was overwhelmingly white and male. That year, the Berkeley office hired a woman named Gene Bernardi — “a dark-haired, ordinary looking woman in her mid-forties, wearing heavily rimmed glasses.” She was quickly promoted and appointed chief of the service’s new Equal Employment Opportunity Advisory Panel.

Three years later, Bernardi, by then known as belligerent and sensitive to criticism, demanded promotion to a higher Civil Service grade. When she was refused, she promptly filed a discrimination complaint in Washington, D.C. This too failed and then, after strong-arming a few other employees to join her, she filed a class action suit.

The story of her suit, which ended up before the Ninth Circuit Court of Appeals, makes for harrowing reading. Bernardi was represented by the feminist law firm, the Equal Rights Advocates. The suit ultimately resulted in a “consent decree,” a formal settlement between both sides. (By the time, the consent decree was signed, all plaintiffs had dropped out of the suit, even Bernardi herself. As Burchfield writes, “It was thus the weakest class complaint ever filed, a class complaint without a complainant.”)

Though the Forest Service was absolved of all wrongdoing, it agreed to make atonement for its past, promising to employ women at levels equal to the civilian labor force. Judge Samuel Conti specifically warned against quotas, which are forbidden under Title VII of the 1964 Civil Rights Act. Zealous Forest Service administrators ignored his warning and adopted a plan to make its force 43 percent women.

The decree pertained only to California’s Region Five, but the affirmative action mission later spread through the other administrative regions. This project was not generally approved of by women who worked for the Forest Service at that time, women who were hired for qualifications that suited their positions. (And many others have performed well since.)

Accustomed by then to employing rugged outdoors men, elite firefighters and experienced administrators — almost all of them men — to manage its wild lands with brawn and advanced scientific knowledge, the Forest Service embarked in the 1980s on a program of recruiting and hiring unqualified employees to meet its quotas of women. (See Burchfield’s earlier excerpt.) Minorities were actively recruited too, but because the effort to hire minorities was so often unsuccessful — blacks especially were not avid for jobs far from urban areas — the liberal assault on the Forest Service primarily focused on the hiring of white women.

The trend endangered those in the field. Burchfield writes:

“On July 15, 1981, two weeks after the Bernardi Decree went into effect, a tragedy occurred after a fire broke out on the Angeles National Forest. Gilbert Lopez, a fire captain, went in search of an inexperienced pump operator who had become separated from the fire team. Though she later managed to find refuge with another crew, Lopez never returned from his search. His charred remains were found after the fire was extinguished.”

This was not the only death involving inexperienced women or women who were physically inferior to their male colleagues. Burchfield tells of other incidents, including the 1994 Storm King Mountain Fire in Colorado, in which sixteen firefighters, including four women, died. In that case,

“It is all but a certainty that a number of firemen on the crew returned to assist the firewomen and paid for their heroism with their lives.”

As the consent decree took hold, men were continually denied jobs or promotions. Burchfield describes the story of Bill Shaw who started to work for the Forest in 1977.

“He was born in Arcadia, California, where as a boy he and his family routinely camped and hiked in the Forests, and came to know many of those employed in them. He would return home after these excursions and as he admitted without embarrassment, fall asleep dreaming of Lassie, Smokey the Bear or some other animal character associated with the woods. After earning an Asssociattes Degree in forestry, he went to work on one of the Angeles fire crews, rising to the position of fire captain. The pay was poor, particularly considering the high cost of living in the area, but he was working in the Forest and that counted more than anything else.

“…. After learning that he would not be able to hire the engine crew he had trained and worked with over the past three years, he was ordered to take on several women.

“Despite the extra physical drilling the agency granted the new hires, Shaw’s bull** detector went off immediately. He instinctively knew that very few of them would develop the strength and stamina necessary to haul a fifty-foot length of fire hose up a slope. For the next several years it became routine for him to order his female crew members back down the hill to stand by, while he and his two firemen held off the blaze until one or more other engine units arrived.”

Most of the women did not stay long in the most grueling jobs, but they were invariably replaced by others overwhelmed by the tasks. Shaw was eventually denied a position as fire management officer. He said a much less qualified woman was chosen instead. He told Burchfield:

“No one had any respect for her; no one had any respect for fire management; no one had any respect for the Forest, and no respect for the agency. It all drained away.”

Ironically, affirmative action made for a level of hostility toward female employees that did not exist before. Sensitivity training became standard.

Before the Bernardi decree, men who retired from heavy labor in the field often went into office work for the Service, where their knowledge of the lands contributed to their work. Afterward, these jobs went to those who had little experience on the ground, leaving a void where institutional knowledge was once preserved.

While quite a few men have won individual discrimination complaints against the Service – and have been denied promotion ever since – two major class action suits by male plaintiffs were never fully aired in court. The Supreme Court refused to review them.

The Forest Service, which once turned a profit, now loses millions. Undergrowth flourishes, causing many more fires. According to Burchfield, “eight of the eleven worst fire seasons since the 1950’s have occurred over the past twelve years:”

“True enough, urban interfacing, changing climate patterns, and the ever-rising numbers of youths brought up without supervision (today’s arsonists, meth dealers, etc.) are contributors to these disasters. But, the primary cause of these losses is the agency’s madcap obsession with gender equity, which by 1987 had resulted in a tremendous drop in prescribed burns, clearing of fire lines and slash cutting. In many instances, the Forests are so badly overgrown, that they possess 10 to 100 times as many saplings per acre as those managed by the Indians of 180 years ago.”

Mexican marijuana cartels commandeer acreage in the West for farming. Crime has increased and service patrols are inadequate to respond to it, with women forest officers particularly disinclined to restrain those violating rules. Recreational trails and mapping have deteriorated so much that the only hope in many places is that these duties will be someday turned over to local conservancies. The tremendous increase in the use of off-highway vehicles has exacerbated this neglect.

Once the friend and servant of the public, the Forest Service has become the cause of antipathy toward the federal government in rural communities throughout the land, where threats against forest rangers and vandalism of government property are alarmingly frequent. Burchfield writes:

“[W]hen year in and year out, locals see an inordinate number of jobs awarded to people flown in from thousands of miles away, a tinderbox builds, waiting only for one match to ignite it.”

America’s forests have presented extreme challenges and temptations — and have been the scene of greed and lawlessness — for hundreds of years. But the reign of affirmative action racketeers has exposed them to an unprecedented threat. It is no exaggeration to say the U.S. Forest Service has been willfully destroyed by the religion of equality.

US boom transforming global oil trade

National Forests produce more than trees and recreation, hence this post. This article may have only been in the Denver Post due to the energy industry here, but is probably of interest to all of us.

The surge in oil production in the U.S. and Canada and shrinking oil consumption in the developed world is transforming the global oil market.

The threat of chronic oil shortages is all but gone, U.S. dependence on Middle Eastern oil will continue to dwindle, and oil will increasingly flow to the developing economies of Asia, according to a five-year outlook published Tuesday by the International Energy Agency.

The changes will have “significant consequences for the global economy and oil security,” the IEA says.

The report paints a picture of a world with plenty of oil to meet modestly growing demand. Where the oil is coming from, and where it is going, is changing dramatically, according to the IEA, an energy security and research organization based in Paris that serves 28 oil-importing countries, including the U.S.

The report does not address oil prices directly, but analysts do not expect the changing oil market dynamics to lead to sharply lower oil or gasoline prices. The abundance of oil does, however, greatly reduce the risk of sustained price surges that curtail economic growth.

The chief impetus for the changing world oil picture is the increase in production in the U.S. The U.S. created the world oil market more than a century ago and is the world’s biggest consumer, but domestic production was thought to be in permanent decline. Then drillers, inspired by high prices and armed with improving technology, learned how to produce oil from previously inaccessible rock under several U.S. states.

and

Production is also projected to rise in Canada and elsewhere in the Americas, such as Brazil and Columbia. At the same time, oil demand in the U.S. and other developed nations is expected to fall slightly, a result of improved vehicle efficiency and weak economic growth. That means the U.S. will be able to satisfy most of its own needs with domestic production and oil from neighbors – and that could have geopolitical implications.

“It will affect relationships between countries. Most leaders believe they have to be nice to whoever they buy their oil from,” says Michael Levi, an energy expert at the Council on Foreign Relations and author of a recent book on the U.S. energy boom called The Power Surge.

Colorado: Green Industries With Wood

ecoSponge_icon

Meanwhile, while Montanans and Oregonians seem to be ambivalent about the industries they have, entrepreneurial Coloradans are still working on getting an industry so as to avoid burning dead lodgepole in piles.

Check out this story in the business section of the Denver Post.

Mark Mathis was looking pretty smart in early 2008.

He was harvesting Colorado beetle-kill and converting the state’s flood of dead trees into pellets for affordable home heating. Then the price of oil collapsed — falling by more than $100 a barrel in a year — and suddenly, pellets were no longer the inexpensive option for heat. Mild winters further eroded pellet demand, and Mathis’ once-boundless plan withered along with the entire biomass and alternative-energy industries.

Five years later, Mathis’ Kremmling-based Confluence Energy is surging with a new mission.

“We are taking on kitty litter,” he said.

Mathis is doubling down on his plan to capitalize on environmental concerns, this time with a
biodegradable beetle-kill product that cleans up oil, gas and solvent spills better and cheaper than the widely used clay-based products, such as cat litter. The company’s Eco-Sponge is becoming popular with oil and gas operations across the country, and strong sales — already passing the company’s heating pellets — have enabled Confluence to acquire its competitor, Rocky Mountain Pellets in Walden, doubling its capacity and making Confluence the largest pellet maker in the West.

Mathis’ Eco-Sponge aims to end the reign of clay-based absorbents in environmental cleanup work with its simplicity. Where those clay bits need to be removed once they absorb oil, gas or benzene spills, Eco-Sponge’s patented army of microorganisms consume the hydrocarbons and can be left on site as an inert material.

Mathis calls it “a composting process on steroids.”

“How often in life do you get to offer solutions for cleaning up an environmental mess like the pine beetle while making a renewable energy source and cleaning up another environmental issue? And make money doing it?” said Mathis over the din of the Walden plant’s maze of pellet-making machines.

Court Upholds Forest Plan for Black Hills

Black Hills MPBR Project
Black Hills MPBR Project

So we have the sale-by-sale focus of groups in Montana. We have the “timber wars” narrative continuing to play out in Oregon. Then we have the little old Black Hills where peace seems to have broken out. What does it take? Good environmental work and local people who work with each other. Supportive state governments and reasonable courts. Small timber and logging firms. A FACA committee?

Interesting because the next step is their adaptive NEPA large scale project (248K acres), which could be a lead example of how to streamline NEPA and follow the current legal framework. They had three objection, so far no litigation and are about to start implementation. Here’s a link to the documentation.

Here’s one article..from radio KOTA.. this one has more history in it about the Norbeck lawsuit..

Attorney General Marty Jackley announces that the Wyoming Federal District Court has again upheld the current Black Hills Forest Plan. The 1990 Forest Plan was amended in 2005 after a top ranking forest service official sent it back for more study of its effects on wildlife.

During the review, the amendment process also included extensive consideration of the rampant mountain pine beetle infestation which grew exponentially from 1997-2005…

South Dakota has vigorously urged the Forest Service to fully consider the mountain pine beetle and its damaging effects on trees and the increased risk of fire damage…

Jackley said that the timbering activity has been ongoing because the courts have sided with the National Forest Service and the state of South Dakota during these litigations..

In 2011, the Eighth Circuit Court of Appeals in St. Louis upheld the related plan for the Norbeck Wildlife Preserve that also provided for diversity in timber management for game animals and bird habitat in a portion of the Forest. Within weeks after losing their Norbeck challenge in the Eighth Circuit, the same environmental groups and others filed suit in Wyoming Federal District Court, seeking to set aside the 2005 overall Forest Plan. The South Dakota Attorney General intervened on behalf of the State of South Dakota in support of the 2005 Forest Plan. The Wyoming Federal Court upheld the Forest Plan in late 2012 and has now rejected a motion by the environmental groups to reconsider the ruling. The environmental groups will have until mid-June to appeal the District Court’s ruling.


Here’s
another article on the court decision from the Rapid City Journal.