National Forest Legal News Blog

The Forest Service's Regional Forester for the Eastern Region offers his take on the Recovery Act and the work that's been done in the Eastern Region by the Forest Service and its partners, most notably the Ruffed Grouse Society.  You can check out his article at here.

Washington, D.C.  - According to a GAO report commissioned by the Senate Energy & Resources Committee litigation rates on Forest Service actions are down.  You can read the Committee's press release here.  You can view the full 99 page report here.   I suspect that while the percentage as a fraction of Forest Service actions (which in this report includes ever FS CE) may be down the actual number of cases probably is not.  I'll let you know when I have a chance to parse through this beast of a report. 

On 10 February 2010, the U.S. Fish and Wildlife Service received a petition to list the Golden-winged Warbler as threatened or endangered under the Endangered Species Act. The petition was referred to the Midwest Region, largely because over 80% of the global breeding population of the species resides in the forests surrounding the Great Lakes.

How is a petition to list a species processed by the U.S. Fish and Wildlife Service?

Once the Division of Ecological Services receives a listing petition, there are two key decision points. The first, called a 90-day finding, considers whether the information contained in the petition is substantial enough to justify additional evaluation by the Service. If the information in the petition is determined to be not substantial, the petition for listing receives no further consideration. In making this first determination, the Service considers the information presented in the petition and any other information readily available from its files. The standard for a substantial 90-day finding is whether that information is adequate and reliable enough to lead a reasonable person to believe that listing may be warranted.

If the petition is judged to be substantial, additional evaluation by Service biologists is justified, and a second decision point occurs when a 12-month finding is prepared. Evaluation of the petition during this period involves a review of the scientific evidence and a call to state agencies, organization partners, and the public for any new information which would be relevant. A biological document is prepared rendering one of three possible decisions regarding the petitioned listing: warranted, not warranted, or warranted but precluded. Warranted and not warranted have their commonly understood meanings. Warranted but precluded means that the species warrants listing, but other species have higher priority in the decision queue; after listing decisions are made for those species, the warranted but precluded species will get its turn. Evaluation is based on the criteria of the Endangered Species Act: the likelihood of extinction in the foreseeable future throughout all or a significant portion of the species’ range. If listing of the species is determined to be not warranted, no further action is taken. If listing of the species is considered to be warranted, that finding ordinarily would be accompanied by a proposal to list the species. If the species is considered warranted but precluded, the species becomes a candidate for listing and is assigned a listing priority. If the species is ultimately listed, the provisions of the Act apply and the next step is normally the preparation of a recovery plan.

In practice, processing of the petition and both decisions (90-day finding and 12-month finding) may take more than a year and are influenced by the availability of both personnel time and funding.

What does the listing petition mean for ongoing research and conservation action of the Golden-winged Warbler Working Group and its Conservation Initiative? '

Until a decision to propose listing is rendered as a result of a 12-month finding, all activities and permitting would proceed as they have been. Nonetheless, the petitioning of the species for listing under the ESA should serve to highlight the conservation vulnerability of Golden-winged Warbler in the public eye. The goal of the Golden-winged Warbler Working Group has always been and should continue to be prioritized research and monitoring and proactive conservation action through interstate and international partnerships for the benefit of Golden-winged Warbler and its breeding, migratory, and non-breeding habitats.

NOTE => to download a pdf of the petition submitted to the U.S. Fish & Wildlife Service, go to www.gwwa.org/petition 

North Carolina - Earth First! and its members protested the Globe Forest Timber sale, aimed at providing much needed timber and long overdue early successional habitat.  The group's position is that the forest must remain untouched.  You can read their press release below.

Earth First! says Forest Service Is Furthering Climate Change

USFS tries to sell off ancient trees in the Globe Forest

Asheville, North Carolina – Today protesters gathered outside of the U.S. Forest Service Supervisor’s Office to demand the cancellation of the planned Globe Forest Timber Sale. The timber sale, which is part of the Pisgah National Forest, is planned for as early as June and will result in cutting over 200 acres of mature forests. About 1800 people from the Blowing Rock community appealed to the Forest Service to cancel the timber sale, but their requests were disregarded last year. Forty acres of the Globe Management Project Area has been documented as old growth, and some trees have been determined to be up to 300 years-old by conservation groups.

Activists from Earth First!, say the sale will negatively impact water and soil quality, harm fish populations, further climate change, and destroy nesting and breeding sites for migratory songbirds. Earth First! wants a hands-off policy of all old growth forests in North Carolina, because so little of it remains intact. “Mature forests are vital to slowing the process of climate change by consuming the carbon dioxide emitted by millions of cars,” says one Earth First! demonstrator. “Unfortunately, most of the South’s forests have been destroyed or converted to pine plantations, which are 95% less biologically diverse than mature forests.” “In a time where ecosystems are being threatened with mass extinctions of plants an animals, it is more important now than ever to preserve any old growth forests that still exist,” said protester Jennifer Simms.

Ironically, the Forest Service uses the excuse of creating wildlife habitat to justify cutting down healthy, mature forests, claiming that they are creating habitat for game species such as turkey, deer, and bear. Environmentalists say the majority of North Carolina’s forests are already “early successional habitat” (or young forests), and that on private lands surrounding the Pisgah, game species do flourish. Environmental experts have also disagreed with the Forest Service’s claims, saying that what many animals need, such as bears and songbirds, are mature forests which have already become increasingly rare. The forest service expects to make a profit of $100,000 by carrying out this sale. The next Earth First! demonstration is planned for Friday March 19th at 1 p.m., also outside the USFS office, they encourage the public to attend and get involved in the campaign to save Globe Forest. For more information see www.savetheglobe.wordpress.com.

Where: US Forest Service Supervisor’s Office

160 A Zillicoa St. Asheville, NC 28801

When: 1 p.m. on Friday March 5 2010

http://savetheglobe.wordpress.com/

The Washington Times has this exclusive from Senator Jim Dement about a leaked Interior memo wherein the President plans to claim 14 Western properties.  According to the memo the President will simply designate them as National Monuments which would ban recreation, hunting, grazing, forestry, energy development.  Presidents Carter and Clinton used the same tactic to federalize countless areas during their terms.

Utah Representative Rob Bishop had the memo on his site but apparently the Interior Department has removed it.  According to Bisop's blog:

A Department of Interior (DOI) document recently obtained by Congressman Bishop lists as many as 14 possible areas being considered for designation as national monuments by the President, two of which are located in Utah. Collectively, the areas listed in the document could encompass 13 million acres of federally owned land. Additionally, the document identifies millions of additional acres for new federal land acquisition.

California - The Center For Biological Diversity is suing to stop a California approved plan issued to private landowners to treat approximately 18 acres of privately owned timber.  The environmentalists object to the sale arguing that it would destroy old growth coastal redwood habitat.  They object to the State's approval of the plan but have also sued the private landowners on whose land the timber stands.  It seems remarkable to me that environmentalists should have any say over the activities of a private landholder.  They may be able to object to the State's approval of the plan but I see why they should be able to initiate a lawsuit against the private landholder.  You can read the story at Courthouse News Service and view the complaint here.

Matt Finley writing for About.com has this warning over Forest Service plans to cut ATV access across the country by 90%.  You can also read his blog here.

Kentucky - The Forest Service is seeking 12 new members to the advisory board for Kentucky's Land Between the Lakes National Recreation Area Advisory Board.  You can read more about it here or contact the Forest Service to submit an application.

Alaska - I received a tip/request yesterday to feature this web TV series.  It's a 5-part series featuring, Heimo, who lives with his family way off the grid. The producer's description of the series:

Raised in suburban Wisconsin, Heimo set off in his teens to the Alaskan Bush to pursue the Davy Crockett lifestyle in more or less the only place it was still possible. Amid numerous setbacks and misadventures, Heimo gradually learned how to master his terrain, provide for his Eskimo wife, and rear children in one of the most inhospitable environments in North America. In this premiere edition of Far Out, we take a bush plane to the middle of nowhere, Alaska, to catch up with Heimo and his wife, Edna—now reaching their golden years. Over the course of our ten-day stay, the Korths show us everything you need to know about fur-trapping, caribou-hunting, caribou-eating, river-crossing, boredom-staving, bear-avoidance, and bear-defense to live happily over 100 miles from the nearest neighbors. Vegans, you have been warned.

You can check out the series at VBS.TV.

Arkansas - Polk County has appealed the Forest Service's restrictive travel management plan for the Ouachita National Forest, which covers parts of Arkansas and Oklahoma.  The administrative appeal is required before the county could file suit challenging the decision in court.   The restritive forest plan will close many roads and disallow hunting and recreation access accross much of the forest.  You can read more at the Times-Record.