In June 2005, the Conservation Congress filed a lawsuit against the Shasta-Trinity National Forest over three timber sales: the Eagle Ranch, Edson, and Powder projects. We argued that the Shasta-Trinity NF violated NEPA by limiting public comment on all three of these projects. The Court agreed and stopped these projects from going forward.
The court found that although the CEQA regulations do not require circulation of a draft Environmental Assessment (EA), they do require that the public be given as much environmental information as is practicable, prior to completion of the EA. "Of course, to be on the safe side, the agency can never go wrong by releasing a draft EA, and supporting documents, as was the practice until recently."
In each of the projects we litigated, the Forest Service failed to give the public an adequate pre-decisional opportunity for informed comment. The scoping notices for the Eagle Ranch, Powder, and Edson projects similarly contained no analysis of the environmental impacts of the projects. The Court stated:
"Moreover, what is striking for all three of these projects is the agency's withholding of already-prepared environmental documents even though the documents were completed before the end of the public comment period. The Forest Service had completed parts of the environmental review for the Eagle Ranch, Powder, and Edson projects before the public scoping periods were initiated. In the case of the Eagle Ranch project, the Forest Service had already completed the EA before the end of the comment period. Yet the Forest Service provides no explanation as to why these documents could not have been released to the public when completed or, at the very least, been discussed and summarized in the public scoping notice. This failure to provide essential information, already in the hands of the agency, does not comply with the agency's requirement of involving the public `to the extent practicable'."
The Court granted an injunction on all three projects. The Conservation Congress was joined in the litigation by Klamath Forest Alliance and Citizens for Better Forestry, and we appreciate their support. This is a significant victory for public input and citizen involvement in the Forest Service decision-making process.
The Conservation Congress and Citizens for Better Forestry also stopped the Upper Dubakella timber sale with an administrative appeal. We continue to watchdog the Shasta-Trinity National Forest because of continued abuse of environmental laws.
For more information email denise@midrivers.com
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TOC for Forest & River News, Spring 2006