-Caveat Lector- Dave Hartley http://www.Asheville-Computer.com http://www.ioa.com/~davehart Judge Buzzcuts Timber Sales on American Forests http://ens.lycos.com/ens/oct99/1999L-10-05-02.html BENTON, Illinois, October 5, 1999 (ENS) - A small grassroots environmental group has won a court ruling that shuts down timber sales on an estimated 110,000 acres of U.S. National Forests across the country. This is the first time a federal judge has issued an injunction on the entire National Forest system. Chief Judge J. Phil Gilbert of the Federal District Court for the Southern District of Illinois ruled September 29 that the U.S. Forest Service acted illegally in allowing timber sales under a loophole known as the "categorical exclusion." Timber sales under a given size were not subject to the provisions of the National Environmental Policy Act (NEPA). The case was brought by Heartwood, a Bloomington, Indiana based regional forest protection network and two self-taught forest experts, Jim Bensman and Mark Donham. They claimed that the Forest Service illegally excluded timber sales the environmental requirements of NEPA. Clearcuts on Green Mountain National Forest, Vermont (Photo courtesy Sierra Club) All Forest Service timber sales issued under categorical exclusions have been halted by the Court if dated after since September 16, 1998, the date the lawsuit was filed by Heartwood. Judge Gilbert called the use of categorical exclusions to avoid the NEPA regulations, "...a classic example of an arbitrary decision ... especially in light of the overwhelming opposition from both federal and state sources as well as the general public." Since the Forest Service used categorical exclusions not just locally, but nationwide, Judge Gilbert specifically ruled that "any remedy ordered must also be national in scope." "The Court believes that the continued application of this unlawful Categorical Exclusion does pose a potential danger both to the environment and to public health," the ruling states. "The judge's ruling confirms what we have been saying all along," said Andy Mahler, director of Heartwood. "The U.S. Forest Service has engaged in a pattern of illegal activity designed to increase logging, regardless of environmental damage, public opposition, and applicable law. These sales are just the tip of the iceberg. The entire timber sale program is illegal and should be stopped." Clearcut in Maine (Photo courtesy Wilderness Society) The exclusions were based on the size of the timber sales approved under them. "Timber harvest which removes 250,000 board feet or less of merchantable wood products or salvage which removes 1,000,000 board feet or less of merchantable wood products; which requires one mile or less of low standard road construction; and assures regeneration of harvested or salvaged areas, where required," were excluded. The Forest Service (FS) chopped up the timber sale areas into parcels that would fit this definition and offered them for sale without the necessity of meeting the NEPA regulations. The court found that the Forest Service had failed to explain in the record the volume limits for the timber sale categorical exclusion. The court stated, "In sum, the Court finds that the FS failed to adequately consider an important aspect of the issues involved, offered little explanation for its decision and failed to provide adequate evidence and support for its decision to greatly increase the volume limit and implement the proposed timber harvest CE [Categorical Exclusion]. Therefore, the Court finds the FS' decision arbitrary and capricious and DECLARES the timber harvest CE NULL AND VOID. The timber sale CE is invalid under NEPA and should be set aside. " Forest Service Associate Chief for Natural Resources, Hilda Diaz-Soltero, has sent out a notice to all Regional Foresters to immediately cease granting timber sales and to stop the cutting on those now in progress. Logging for a chip mill near Annapolis, Missouri (Photo by Tom Kruzen courtesy Missouri Audubon Council) No further timber sale advertisements, awards or other authorizing decisions may be issued relying on categorical exclusions, Diaz-Soltero wrote. All ongoing timber sale contracts, permits, or other authorizations resulting from project decisions issued on or after September 16, 1998 that relied categorical exclusions must be immediately suspended. "You should work with the contract or permit holder to take steps necessary to affect an orderly shutdown of the contract or permit activity, addressing affects such as erosion and sedimentation, Diaz-Soltero instructed. At this point no one appears to know exactly how much land and how many timber sales across the country are affected by the ruling, but that information will soon be a matter of public record. By October 8, each region must submit to the director of forest management a list of timber sale projects subject to the ruling. The case is a dramatic example of David winning the battle with Goliath. Heartwood is not one of the large environment organizations. No attorney was hired until after the lawsuit was filed. Plaintiff Jim Bensman lives in a small apartment surrounded by stacks of documents. He has dedicated his life to seeking justice through the correct administration of federal procedures. Plaintiff Mark Donham lives in an entirely solar and wind powered house at the edge of the Shawnee National Forest. He became involved in forest protection issues when his home was bombarded by the aerial spraying of defoliants. Now he is running for Illinois State Senate for the Democratic Party. � Environment News Service (ENS) 1999. All Rights Reserved. DECLARATION & DISCLAIMER ========== CTRL is a discussion and informational exchange list. Proselyzting propagandic screeds are not allowed. Substance�not soapboxing! These are sordid matters and 'conspiracy theory', with its many half-truths, misdirections and outright frauds is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. That being said, CTRL gives no endorsement to the validity of posts, and always suggests to readers; be wary of what you read. CTRL gives no credeence to Holocaust denial and nazi's need not apply. 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