The Conservation Congress formed in February 2004 to specifically focus forest watch activities on the Shasta-Trinity National Forest in northern California. We targeted the Shasta-Trinity because it seems to receive less public scrutiny than some of the other National Forests in the region. Our Forest Monitoring Program on the "Shasta T" includes commenting on timber sales, road construction, hazardous fuel reduction, and wildlife habitat improvement projects. We expect to see an increase in logging on this forest due to the recent gutting of the Northwest Forest Plan.
Not wanting to duplicate the efforts of others doing good work on Forest Service lands in the region, we are working cooperatively with groups such as Citizens for Better Forestry and the Klamath Forest Alliance. The Conservation Congress provides comments that are biologically sound and that point out deficiencies in USDA Forest Service analyses. Providing comments can result in changes to projects that make them less environmentally harmful. We administratively appeal the most egregious decisions, and we can't appeal if we haven't previously commented. Finally, we will use litigation as a last resort if the Forest Service clearly violates the law. We can only litigate if we have previously commented and appealed.
The Shasta-Trinity National Forest is vulnerable to a legal challenge. In our view, the administrators of this Forest have made it clear that they will not protect wildlife, their habitat, or water quality without being forced to do so by the courts. The management also has shown little tolerance for public input and consistently violates the remaining public participation rights that we currently have. Since we represent the voice of the natural world, it is our responsibility to hold this forest accountable.
You have likely heard it before, but it's worth repeating: the Bush Administration is the most environmentally hostile of any in history. A quick recap shows the undermining of federal environmental laws and internal Forest Service policies and regulations.
Mark Rey, Undersecretary of the Forest Service and former timber lobbyist, had changes in mind when Bush took office, but the wildfire hysteria, exacerbated by the media, gave him the scapegoat he needed to pass his phony policies without much Congressional or public challenge. Over the past few years, forest activists have seen the weakening of the Clean Air Act, the Clean Water Act, the Endangered Species Act, and the National Environmental Policy Act. We have been waiting for almost two years on this administration's proposed changes to the National Forest Management Act, which will likely be the most devastating of all.
We have seen the Administrative Appeals process weakened, greater use of "Categorical Exclusions" that are short-cut environmental analyses with little public input, and limitations placed on public participation. We have seen the Northwest Forest Plan and the Sierra Nevada Conservation Framework basically gutted for all practical purposes. All of these changes have common themes: they weaken environmental standards established by law, limit analyses of environmental impacts, weaken the role of science, and obstruct public participation on public lands management.
This is where the work of the Conservation Congress comes in. Since our inception we have monitored and commented on more than a dozen timber sale projects on the Shasta-Trinity National Forest. The comments have been largely ignored, which is no surprise under the current administration. In October we administratively appealed three timber sale: the Edson, Eagle Ranch, and Powder Vegetation.
The Edson timber sale would log almost 1800 acres in the McCloud Flats Management Area, home to deer, black bear, Northern goshawk, Northern spotted owl, and furbearers such as marten. There are also two sensitive plants in the area: the long-haired star-tulip and the Salmon Mountains wake robin. [[a plant called a robin?]] A third rare plant, Columbia cress, is in the area as well. Numerous springs and creeks make water quality for aquatic species a definite concern. Important cultural resources have been identified in this Management Area. We originally submitted nine pages of comments for the Forest's consideration if it decided to proceed with the project. The Conservation Congress recently appealed the final decision (the only group to do so) and the appeal is pending.
The Eagle Ranch timber sale would log almost 4 million board feet of timber and build an additional "temporary" road in the Trinity River Management Unit that includes Eagle Creek and Sailor Bar Creek watersheds within the greater Burnt Ranch Watershed. The area has highly erodible soils and steep canyon lands. These watersheds are sources for many domestic water supplies and are home to deer, bald eagles, golden eagles, pileated woodpeckers, ospreys, peregrine falcons, great blue herons, and many other species. This is yet another commercial timber sale of old-growth trees disguised as a project that will "benefit" wildlife and reduce fire hazards. We submitted five pages of comments on this project requesting that an EIS be conducted that substantively analyzes impacts to wildlife, their habitat, water quality, soils, and actual fire risk. The Conservation Congress appealed the decision and again, was the only group to do so.
The Powder timber sale is an almost 4000-acre project that would involve large amounts of logging and some burning in the Porcupine Butte Management Area. The timber sale is combined with a 33-mile road decommissioning component. While we support the road decommissioning, it should be noted that the Forest is proposing it because its overall management is out of compliance with the Forest Plan for the amount of roads allowed, and wants to build even more roads in the future. This area is home to deer, furbearers, and Northern spotted owl, as well as bitterbrush
and collomia--two sensitive/important plants. We submitted seven pages of comments on this project pointing out deficiencies and warning the Forest that this project too will violate their Forest Plan. The Shasta T is going forward with this illegal decision so the Conservation Congress is teaming up with the Klamath Forest Alliance to appeal it.
Finally, the Conservation Congress and Citizens for Better Forestry will soon be appealing the Upper Dubakella timber sale, yet another illegal Forest Service decision that we will likely litigate. Even without the environmental impacts, we have never seen a more blatant effort by the Forest Service to cut the public out of the process. District Ranger Donna Harmon has attempted to thwart the public at every turn, from the initial scoping to the public comment period, to denying the public the full 45-day appeal period. We are appealing the decision and will litigate this sale, as well as others.
The Conservation Congress' Executive Director, Denise Boggs, is currently in Alabama working with WildLaw on numerous litigation strategies. In addition, the Conservation Congress is working with the Western Environmental Law Center to legally challenge the Shasta-Trinity National Forest. We will likely be joined in the litigation by other regional groups that are working hard to defend this beautiful forest.
For more information
please contact
Denise Boggs
Conservation Congress
PO Box 419
Arcata, CA 95518
denise@wildlaw.org
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TOC for Forest & River News, Fall 2004