Environmental group wins anti-logging suit

A local environmental group has won a legal challenge to halt logging on Monroe Mountain in the Fishlake National Forest.

The 10th Circuit Court of Appeals in Denver on Thursday reversed a lower court decision of the U.S. Forest Service's approval of a restoration project covering about 50,000 acres in central Utah's Fishlake National Forest.

It was a significant victory for Utah Environmental Congress, which sued over the project because of the impacts to wildlife.

"This is a tremendous victory for wildlife across six states," said Denise Boggs, founder of UEC.

Fishlake National Forest officials were unavailable for comment.

At issue is the so-called "Monroe Mountain Project," which proposed a combination of timber harvesting and prescribed burns to restore the area.

In its approval, the Forest Service determined that clearing 2,645 acres of mixed conifer and aspen stands would decrease the intensity of wildfires. It also found that reducing the density of 248 acres of spruce and fir stands would decrease the risk of epidemic spruce beetle infestation. It would create more habitat for livestock and wildlife and produce about 8.7 million board feet of timber that would support the local economy.

In 2001, UEC sued the Forest Service in U.S. District Court, arguing that the federal government violated the law by not monitoring for so-called "Management Indicator Species" — species presumed to indicate the welfare of other groups of wildlife.

Specifically, environmentalists said the Forest Service failed to study the impacts the project would have for the southwestern willow flycatcher, sage grouse, sage nesters and cavity nesting birds.

Forest officials argued that it isn't required to use the quantitative population data in monitoring for indicator species but rather requires them only to monitor population trends.

Appeals judges disagreed.

"The Forest Service must gather quantitative data on MIS populations that allow it to estimate the effects of any forest management activities on the animal population trends, and determine the relationship between management activities and population trend changes," the court ruled. "Because we conclude that the Forest Service has not complied with its duties under the Forest Service regulations, we conclude that the Forest Service's authorization of the Monroe Mountain Project was arbitrary and capricious."

Judges remanded the case back to U.S. District Court in Utah.

Environmentalists are hopeful the decision will change the way the Forest Service monitors species.

"Utah's national forests are national treasures," said Ray Vaughan, attorney who represented UEC. "It is our sincere hope the Forest Service in Utah will begin monitoring for MIS and obey the law."

---

E-mail: donna@desnews.com