National Forest Legal News Blog

According to this article, also from the Missoulian, Secretary Vilsack has promised a 20% increase timber production throughout the National Forest System.   Whether this is possible or just words, environmentalists will be certain to use it as fuel for their future litigation fires.   Read more here.

The Billings Gazette reports on the recent decision by Idaho Federal Judge B. Lynn Winmill rejecting environmentalists requests to have the Sage Grouse under the Endangered Species Act, thereby thwarting energy development across the West.  You can read more here.

The Daily Mail reports on new findings released by the Met Office and the University of East Anglia Climatic Research Unit. It confirms that the rising trend in world temperatures ended in 1997.

Read more: http://www.dailymail.co.uk/sciencetech/article-2093264/Forget-global-warming--Cycle-25-need-worry-NASA-scientists-right-Thames-freezing-again.html#ixzz1kuKl41Tw

The Pittsburgh-Tribune Review reports here on a request by oil and gas industry plaintiffs to toss out the forest plan.  The controversial plan imposed a number of additional burdens and obligations on sub-surface mineral owners.  

AP reports here that a group of hispanic ranchers have filed suit alleging that the Forest Service is illegally attempting to force them off their family's traditional grazing lands.  The agency recently cut the ranchers' grazign allotment by 1/5, which depending on herd size, could have a drastic effect on the viability of the livestock and profitability to the ranchers.  

On December 12, 2011 the U.S. Supreme Court issued an order inviting the Solicitor General to file a brief expressing the views fo the United States in NEDC v. Brown.  This case is pending on a cert petition after the Ninth Circuit held that stormwater runoff from logging roads is a point source for pollution for which an NPDES permit is required.  The case has the timber industry (and common sense) lining up against environmental groups looking to put any type of additional obstacles in their way.  You can read more on this development at Forestindustry.com. 

The Milwaukee-Journal Sentinel reports today that the Red Cliff Chippewa announced the creation of the United States' first tribal National Park, Frog Bay, along the southern shore of Lake Superior.  Read more here.

Forbes reports on a release of a new batch of emails where prominent climate scientists reveal that they actively deleted protected emails in an attempt to avoid releasing evidence that the data does not support alleged man-made warming. According to the Forbes report:

Three themes are emerging from the newly released emails: (1) prominent scientists central to the global warming debate are taking measures to conceal rather than disseminate underlying data and discussions; (2) these scientists view global warming as a political “cause” rather than a balanced scientific inquiry and (3) many of these scientists frankly admit to each other that much of the science is weak and dependent on deliberate manipulation of facts and data.

You can read the full article here.

As expected the 9th Circuit Court of Appeals yesterday upheld protections for Yellowstone grizzlies and holds that the Department of the Interior wrongfully withdrew the grizzly from ESA protection, in light of the Whitebark Pine declines.  You can access yestereday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link

The 10th Circuit, in a 120 page decision late last week, reversed the Wyoming district court and reinstated the 2001 Roadless Rule.  The appellate court said that the district court abused its discretion in issued a nationwide injunction.  The Court rejected Wyoming's arguments under the Wilderness Act holding that inventoried roadless areas "governed by the Roadless Rule are not de factor administrative wilderness areas".  It also went on to reject Wyoming's NEPA, NFMA and Organic Act/MUSYA claims.  Wyoming has not announced whether it will file a cert request with the US Supreme Court. 

The Christian Science Monitor has this article about the case, posing the question:  Forest 'roadless rule': environmental victory or US job-killer?