National Forest Legal News Blog

Ted Stroll has this excellent op-ed in the New York Times.  In it he critiques the Forest Service's nonsensical interpretation of the Wilderness Act.  While he's right, it's the environmentalists who has sought such strict interpretations and forced wasteful litigation in order to keep out bikers from the wilderness.  

The Missoulian reports to the lengths some states would like to go to begin reining in the ever expanding wolf populations.  Some options like gassing seem a bit draconian while others like sterilization sound intriguing.  

The UK's Daily Express reports that a high-level inquiry into the Intergovernmental Panel on Climate Change found there was “little evidence” for its claims about global warming.

The Missoulian has this report on Wyoming's decision not to change its decision to list the wolf as a predator, a classification that means it can be shot on sight.   The decision by Wyoming means that wolf management in Montana and Idaho cannot continue.  Wyoming has its own lawsuit pending in federal court challenging the Interior Department's refusal to de-list the wolf due to their large numbers.

The Wisconsin State Journal says that the Forest Service has discovered oak wilt disease in trees in northern Wisconsin near the Chequamegon-Nicolet National Forest.  The disease kills common oak trees in the forest.  

The Seattle Times reports that Mount Hood National Forest has severely restricted off-road access in its new travel management plan.  Under the new plan the ATV users will have access to only 4 areas amounting to 146 miles.  Compare that with the old plan where ATV users had access to 2,500 miles.  

The Green Bay Press-Gazette has this editorial urging the Forest Service to step up its efforts in stamping out pot farming in the National Forests.

Meanwhile, the L.A. Times is reporting that Yosemite National Park rangers raided a large marijuana cultivation site in El Portal on Tuesday and seized 3,657 plants plus several pounds of processed marijuana worth an estimated $14.6 million.

Also Fox 31 Denver reports that the U.S. Forest Service is investigating another pot farm north of Boulder that was discovered by a recent hiker.

Who says that environmentalists are only in it for the greater good.  In Citizens for Better Forestry v. USDA, No. 08-01927 CW (N.D. Cal. August 13, 2010), which dealt with the 2008 Planning Rule, district judge Claudia Wilkins awarded the groups' attorneys $421,358.94.  She rejected the Forest Service's argument that its position that the regulation would have no environmental effects until it was actually applied was substantially justified.  This award clearly shows why environmental litigation will continue on for years to come.  There is a perverse incentive to litigate even the smallest cases when the rewards can be so significant.  The environmental groups' attorneys are allowed to bill out hourly rates and time as though they had been working on a multi-billion dollar commercial acquisition or a multi-district class action. I think its safe to say that the fee-shifting system needs to be reformed.

Stimulus funds were at work on the Los Padres National Forest.  As such, the Forest Service put to work clearing brush and overgrowth from the side of its roads.  But they apparently did so without getting ForestWatch's approval.  Remember folks you have to get environmentalists permission before pullign weeds.  Anyways, ForestWatch has filed suit argued that the Forest Service should have conducted a full-blown EIS before pulling any weeds along the roadway.  Hopefully, there will be a commonsense Judge who will kick this thing from the beginning.  However, as we all know the environmentalists never get stuck with frivolous lawsuit sanctions so there is no disincentive.  You can read more about it at Courthouse News Service and read the Complaint here.

As visitor use, logging, and recreation continues to decrease based on more and more environmental restrictions, the National Forests are becoming the perfect spot for solitude.  Solitude, of course, is the perfect place to grow illegal plants like marijuana.  Mexican drug cartels are growing the drug in National Forests throughout the country.  Last week we learned about the massive operation in the Nicolet National Forest in Wisconsin.  The operations included acres and acres of marijuana plants.  The growers had clear cut the trees in order to provide more light for their plants.  They also had a stash of weapons meant to be used to protect there crops.  You can read more about the ongoing clean up in Wisconsin from the AP and WBAY.

Now the Red Bluff Daily News is reporting of another massive pot farm in the Mendocino National Forest.  This bust netted over 166,000 plants.

These stories are just the tip of the iceberg.   You can find similar stories from different forests in the country almost every month.  This really begs the question of whether the forests are even safe anymore.  If hikers or hunters were to have stumbled upon these pot farms while the growers were tending them, is there any doubt that they'd be dead?  If only the environmental groups could target there efforts at eradicating the pot farms instead of worrying about whether some dirt from a logging road ran off into the bushes during a rainstorm.