FEDERAL JUDGE UPHOLDS FOREST SERVICE DECISION

On November 15, Judge Donetta Ambrose of the federal court in Pittsburgh upheld Forest Service’s right to apply a management tool known as categorical exclusions (CE) to address wind damaged timber on the Allegheny National Forest.  She based her decision primarily on briefs submitted by plaintiff (Allegheny Defense Project), defendant (United States Forest Service) and intervener (Allegheny Forest Alliance).

A significant amount of timber was blown down on the ANF following a violent storm in July of 2003.  In an attempt to deal with the destruction, the Forest Service selected 19 sites, all less than 250 acres for salvage activity.  The Allegheny Defense Project (ADP) filed suit to block the projects in September of 2004 contending the activity was illegal, damaging to forest health and a violation of National Environmental Policy Act (NEPA). 

Judge Ambrose disagreed.  In fact, she decided it was entirely appropriate for CE to be used to salvage damaged timber following a catastrophe and rejected the ADP’s contention that the Forest Service was arbitrary and capricious.  She further opined there were no extraordinary environmental circumstances that precluded the Forest Service from its conservative effort to remove blown down, uprooted trees. 

The Allegheny Forest Alliance (AFA) believes the Court’s opinion strongly supports Forest Service authority to manage the ANF productively.  In addition, the decision encourages more proactive use of CE authority to capture the value of the wood before it deteriorates and promotes the spread of insects and disease. Both outcomes are consistent with the mission of the AFA, which is to promote sustainable forestry, environmental stewardship and future stability for local communities in and around the ANF. 

The CE case is the second lawsuit brought to a successful conclusion this year.  The East Side Project case, which was settled in the Federal 3^rd Circuit Court of Appeals in September after four years of legal wrangling, also affirmed the right of the Forest Service to manage responsibly and productively.  The AFA is proud to have partnered with the Forest Service in both cases.