[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]
Mortality II Sale Enjoined by Federal Court
TAP-RESOURCES, a free Internet Distribution List
(subscription requests to listproc@tap.org)
TAXPAYER ASSETS PROJECT - NATURAL RESOURCES POLICY ADVISORY
(please distribute freely)
TAP-RESOURCES
October 17, 1997
Federal Court Blocks Mortality II Project
on Allegheny National Forest, Pennsylvania
On October 15, 1997, federal district court
judge William Standish issued his decision
on the case challenging the massive 31
million board foot timber sale, Mortality II.
The plaintiffs' bedrock claim, that the
Forest Service must prepare an Environmental
Impact Statement (EIS) for such an enormous
timber sale, was upheld in full by the court.
In his decision, Judge Standish enjoined the
Forest Service from implementing the sale
until an EIS is prepared and adopted.
Plaintiffs' claims under the National Forest
Management Act (NFMA) were upheld in part and
denied in part.
More information will be posted when the
decision has been fully analyzed.
NOTE: In the interest of full disclosure it
is noted that the author of this message,
Arthur Clark, is a plaintiff in the case.
Background:
--------------------------------------------------------------------
BACKGROUND INFO - originally posted to TAP-Resources on Aug. 2, 1996
--------------------------------------------------------------------
Distributed to TAP-RESOURCES, a free Internet Distribution List
(subscription requests to listproc@tap.org)
TAXPAYER ASSETS PROJECT - NATURAL RESOURCES POLICY ADVISORY
(please distribute freely)
TAP-RESOURCES
August 2, 1996
This post was prepared for TAP distribution by the
Environmental Resources Information Network on
behalf of Allegheny Defense Project (ADP). Thanks
to Ned Daly and the folks at ADP for their assist-
ance. -Arthur Clark, ERIN Project Coordinator
INTRODUCTION
The Allegheny National Forest is the only national forest in
Pennsylvania. As such, it is of great concern to forest advocates of
the Commonwealth. Like other national forests, its management by the
U.S. Forest Service is far from ecologically sound.
The Allegheny Defense Project (ADP) is a grassroots group of
forest defenders dedicated to fighting for the land and creatures of
the ANF. ADP is a small, low-profile operation, so few people outside
of the area around the ANF have ever heard of it. Until now, ADP has
never sent out a call for outside assistance. However, the situation
that ADP and the creatures of the ANF now face is very grave. We
urgently ask that everyone who can do so to help us study, challenge,
and defeat the monstrous timber sale proposal currently being planned
by the Forest Service for the ANF. Below is a short description of
the sale, followed by what you can do to help defend the Alleghenies
against this devastation.
The "Forest Health" Scam Comes to Pennsylvania
Under the guise of "treating" stands to counter the effects of
"forest decline," the U.S. Forest Service is planning a massive 31
million board-feet (MMBF) timber sale project in Pennsylvania's
Allegheny National Forest. The project is called "Mortality II."
It is the second phase of the ANF plan to supposedly improve
forest health by cutting both green and dying trees using
clearcutting, salvage thinning, and commercial thinning methods.
The first phase of this plan, the Mortality I project, is already
being implemented after approval in June 1995.
The Mortality II project calls for an initial 20.3 MMBF of
timber, cut from over 5,000 acres. The cutting will occur in ten
delineated "Treatment Areas" throughout the Forest. Additionally,
the project calls for over 10 MMBF of timber cutting on 2,000
acres, once regeneration is established in previously logged areas.
Many of the Mortality II Treatment Areas are adjacent to areas to
be cut under the Mortality I project. The close proximity of many
areas to be cut calls into question whether either the Mortality I
or Mortality II analysis can possibly evaluate what is essentially
one enormous project. Last year's total annual cut on the ANF was
approximately 55 MMBF, less than twice the volume of the Mortality
II project alone.
One might imagine that in planning such a massive project with
such an obviously significant level of impact, that the Forest
Service might dispense with the formality of preparing an
Environmental Assessment (EA) to determine whether an Environmental
Impact Statement (EIS) or a Finding of No Significant Impact (FONSI)
is in order. Not a chance. In fact, the Mortality II EA issued by
the ANF was only 45 pages in length, excluding maps and appendices.
A preliminary examination of the EA by the ADP revealed
extremely serious problems with the information provided and the
project itself. The following are but a small sampling of these:
* clearcutting and salvage thinning of previously protected
old growth stands
* highly suspect "tiering" of the Mortality II EA to the
inadequate Mortality I project EA
* project impacts on Pennsylvania-designated High Quality
(Tier 2) Cold Water Fishery trout streams, so designated
pursuant to the CWA
* possible NEPA violations, including exclusion of scoping
comments submitted by ADP activist Jim Kleissler and failure
to respond to comments submitted by others
* false and misleading descriptions and tables concerning
Present Conditions and Forest Plan-prescribed Desired Future
Conditions (DFCs) of the forest, used to justify the proposed
loggging activities.
---------------------------------------------------------------------
BACKGROUND INFO - originally posted to TAP-Resources on June 18, 1997
---------------------------------------------------------------------
Distributed to TAP-RESOURCES, a free Internet Distribution List
(subscription requests to listproc@tap.org)
TAXPAYER ASSETS PROJECT - NATURAL RESOURCES POLICY ADVISORY
(please distribute freely)
TAP-RESOURCES
June 18, 1997
SUIT FILED TO BLOCK MORTALITY II TIMBER SALE
ON ALLEGHENY NATIONAL FOREST
On Monday, June 16, 1997, Allegheny Defense Project,
Heartwood, Inc., and several individual plaintiffs filed suit
in federal district court to halt implementation of the 30
million board foot Mortality II timber sale project on the
Allegheny National Forest (ANF). In seeking a judgement that
the sale is unlawful, the plaintiffs claimed that the Forest
Service (FS) Environmental Assessment (EA) prepared for the
sale violated the National Environmental Policy Act (NEPA)
by failing to adequately address the significant impact of
the sale on the environment and conclude that an Environmental
Impact Statement must be prepared to adequately analyze the
project. The plaintiffs also claimed, among other charges,
that the FS violated the National Forest Management Act
(NFMA) by planning to utilize clearcutting as the dominant
logging prescription when NFMA clearly states that such
even-aged management is to be "the exception, not the rule."
Other claims included numerous violations of NEPA.
Federal district court judge William Standish denied
the plaintiffs request for a temporary restraining order to
prevent the ANF FS from opening sale bids and awarding
logging contracts for the sale. He did, however, warn the
FS that they could not begin actual logging. He also
reminded the FS that although they could proceed with
awarding contracts, they did so at serious risk, should he
find in favor of the plaintiffs.
The case is being litigated pro bono by attorneys
William Luneburg and Jules Lobel, both professors at the
University of Pittsburgh School of Law. The individual
plaintiffs are Susan Curry and James Kleissler of ADP, and
Arthur Clark. The case is being heard in the federal
district court for the Western District of Pennsylvania,
in Pittsburgh, PA.
*END OF BACKGROUND*
--------------------------------------------------------
TAP-RESOURCES is an Internet Distribution List provided
by the Taxpayer Assets Project (TAP). TAP was founded
by Ralph Nader to monitor the management of government
property, including information systems and data,
government funded R&D, spectrum, allocation, public
lands and mineral resources, and other government assets.
TAP-RESOURCES reports on TAP activities relating to
natural resources policy. To obtain further information
about TAP send a note to tap@tap.org.
Subscription requests to: listproc@tap.org with the
message:
subscribe tap-resources yourfirstname yourlastname
--------------------------------------------------------
TAP; P.O. Box 19367, Washington, DC 20036
v. 202/387-8030; f. 202/234-5176; internet: tap@tap.org