| I figured this exchange regarding the recent Missoulian article, which contained a number of factual errors, about timber sale litigation would be of interest to some LITW readers.
If you're interested, it was just posted at:
http://www.newwest.net/citjo/a... or you can follow along below.
By Ellen Engstedt-Simpson, 12-05-07
George... between 2003 and now the Ecology Center aka Wild West Institute has filed 15 lawsuits or notices of intent to sue in Region 1. Basin Creek Hazardous Fuels -Beaverhead Deer Lodge; Middle East Fork - Bitterroot (2); Trout - Clearwater; West Troy - Koot (9 separate projects in two different actions); Big Steep - Koot (twice litigated); Lower Big - Koot (twice litigated); Whiskibas and Left Over Elk - Koot; McSutton (twice litigated) - Koot; Dry Fork Veg Restoration - Lewis and Clark; Blazing Saddles - Lolo; West Fork Petty - Lolo; Fish Trap - Lolo; Cat Exclusions (6 projects on the Lolo). These are the ones on the current, active list. There are many more than have been files but in some manner resolved. I agree "truth shall set you free" and we in the timber community can provide the truth and do. Take care friend!
By Matthew Koehler, 12-05-07
"we in the timber community can provide the truth and do"
Ellen, I like that one, perhaps you've found a new slogan. You are comparing apples to oranges and honestly throwing in some peaches and bananas too.
We never sued on West Fork Petty.
We never sued on Fish Trap.
We only sued on one CE project on the Lolo NF (Camp Salvage), not the 6 CE projects that Ellen states.
Our organization has not filed a new lawsuit over a timber sale in Montana since May 2006, 19 months ago.
With the exception of Fish Trap, every single timber sale that Ellen has listed above in her first comment has either been logged, is currently being logged or could be logged because there simply is not a court order injunction on any one of these sales.
If anything I have stated here above is incorrect and Ellen has proof that what I have said is not true please share it and if I have accidently stated anything here that is factually incorrect I'd be happy to correct that.
Ellen is fond of telling the public that 312 million board feet of timber is "tied up" in appeals and litigation in Montana and northern Idaho. Yet as I have pointed out above, how can the volume from a timber sale still be considered "tied up" in appeals and litigation if, in fact, the logging is already done, or the logging is on-going or if the logging contractor could be logging the sale, but is simply waiting until the weak market conditions improve? Most people assume a "tied up" timber sale isn't one that was logged last year. Like I said, apples, oranges....
The last time I checked there was only one court-order injunction of a timber sale in all of Montana. It's on the 600,000 board foot (not 312 million) Keystone-Quartz timber sale on the Beaverhead-Deerlodge NF.
If anyone takes the time to look at the Forest Service "study" that was used as the basis for the Missoulian article, you'll notice that it's hardly a "study" but just a spreadsheet that contains some blank spaces and questions marks. You will noticed right at the bottom of the spreadsheet that it states: "The project listings include appeals and litigation that may be due to internal problems (not following forest plans as an example)" So the Forest Service acknowledges that appeals and litigation may have something to do with the Forest Service "not following forest plans."
Yes, it's true that - just like the timber industry, oil and gas industry, mining industry and grazing industry - the WildWest Institute participates in the public lands decision making process. And yes it's true that - just like these resource extraction industries - the WildWest Institute follows the public appeal process that was set up by Congress in reaction to a history of abuse on National Forests.
And, yes it is true that - just like these resource extraction industries - we may file a lawsuit when we believe the Forest Service has not followed it's own forest plan or the law, just like the logging industry sued to stop implementation of the roadless rule or sued to increase logging under the Northwest Forest Plan.
If anyone doubts that resource extraction industries are filling lawsuits on timber sales and other public land management decisions, check out this email that I got in response to the Missoulian article from Rich Fairbanks, who worked for the Forest Service for 32 years as a silverculturist, a planner and in fire. It's shared with his permission: "Maybe it's different in region 1 [northern Rockies], but in region 6 [Pacific Northwest] one of the main sources of appeals/litigation against the FS is the timber industry itself. They appeal and litigate conditions of timber sales, clauses in the TS contract, amount of BD collection, pretty much anything that can help their bottom line. Quick example: My last job before I left the agency was ID Team leader on the Biscuit Fire "Recovery Project". When the appeal period opened the very first appeal that came across my desk was from the timber industry. They wanted more timber offered. Naturally, when I read about "frivolous litigation tying the Forest Service in knots", I always think of the timber industry."
The purpose of our lawsuits is to get the Forest Service to follow the law and their own forest plans and to get the agency to protect fish and wildlife species, soils, old-growth and improve their overall management, not to stop all logging.
Take our recent Kootenai lawsuit for example. True, our lawsuit names 9 separate timber sales, however WildWest chose not to seek injunctive relief stopping any of these sales while the litigation proceeds. And like I stated earlier all 9 of these timber sales are either logged or being logged or could be logged. Yet Ellen, the Missoulian and Forest Service tell the public that all 80.3 million board feet of timber from these 9 timber sales is "tied-up" in litigation. Apples, oranges....
Hopefully we get to a point soon where appeals and lawsuits greatly diminish because the Forest Service follows the law and implements projects that protect and restore fish and wildlife species, refrain from cutting down old-growth and unlogged, native forests and begin to restore the vast ecological damage caused by the Forest Service and logging industry's wholly unsustainable practices of the recent past.
That's why the WildWest Institute is deeply involved in numerous efforts around the region to try and reach some common ground and move forward with diverse interests to craft positive, sustainable solutions that create jobs in the woods restoring watersheds and forests while also protecting our communities from wildfire through careful and strategic fuel reduction projects. |
