“FEDERAL COURT UPHOLDS FOREST SERVICE – AGAIN!”

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Last Thursday, September 15th, a decision was rendered by the 3^rd Circuit Court of Appeals in Philadelphia upholding the Forest Service’s management plan for the East Side Project on the Allegheny National Forest (ANF).  The three judge panel in Philadelphia concluded in their analysis that managing portions of the ANF to feature black cherry was entirely permissible and in fact quite reasonable.  The panel further opined that timber profit was a legitimate role for national forest management, thereby lending credibility to the economic portion of the three “pillars of sustainability” (social, economic and ecologic).

This decision comes after the March 23, 2004 decision by Judge William L. Standish, which struck down nine of ten counts at the district court level that were argued by Plaintiffs (Jim Kleissler, Rachel Martin, Susan Curry, Ryan Talbott, Bill Belitskus, Newkirk Johnson, Heartwood, Sierra Club, et al.).  The plaintiff then appealed two counts to the 3^rd Circuit in the spring of 2004, which are central to their “zero cut” agenda.

Regardless of the fact that Judge Standish and Magistrate Judge Ila Jean Sensenich saw no merit to their argument, the ADP and other plaintiffs remained convinced the Forest Service was improperly motivated by profit and was managing the ANF to create what they referred to as a black cherry tree farm.  In addition, they argued the Forest Service was using even-age silviculture exclusively to perpetuate black cherry.

The struggle for clarification on these important matters has lasted far too long and has cost taxpayers hundreds of thousands of dollars.  In fact the East Side Project was stripped from the Forest Service agenda nearly two years ago because project area conditions have altered dramatically over the six years of legal wrangling.  Since the project involved salvaging dead and dying trees, they no longer had any commercial value thereby adding to the travesty of the situation.

The Allegheny Forest Alliance has been an active partner with the Forest Service in this lawsuit.  We are pleased with the outcome because our constituents fully recognize and appreciate the vital role the Forest Service plays in the struggling regional economy.  We will continue to advocate for and support all efforts of the Forest Service to maintain its role as a “good neighbor” as has the 3^rd Circuit in its latest decision.