Court halts East Reservoir Project
A massive timber project in the Kootenai National Forest has been temporarily halted after a federal appeals court on Tuesday granted an injunction requested by the Alliance for the Wild Rockies.
The Helena-based environmental group is appealing U.S. District Judge Dana Christensen’s July ruling that the forest’s environmental review of the East Reservoir Project had adequately addressed potential impacts to threatened and endangered species.
In their order staying the project, 9th U.S. Circuit Court of Appeals Judges Kim McLane Wardlaw and Consuelo Maria Callahan set a hearing on the appeal for February 2017.
Logging operations for the East Reservoir Project were scheduled to begin Thursday, according to court documents.
Libby District Ranger Nate Gassmann on Thursday said while the project is now on hold, the appeal is simply part of the process in the timber industry.
“It’s never good or bad, it’s just part of the process,” Gassmann said. “There’s always checks and balances for Forest Service actions. I’m sure there’s going to be a lot of frustrations and there will be blame thrown on both sides. Again, that is what happens because we’re in a fair and open society. We’re committed to seeing things through and making sure we present all the information we can to the Ninth Circuit.”
The project is the forest’s largest in recent years, spanning a 92,407-acre footprint estimated to yield about 39 million board-feet of timber. It is located east of Lake Koocanusa.
The lawsuit, originally filed in May 2015, names Kootenai National Forest Supervisor Chris Savage, Regional Forester Faye Krueger, the U.S. Forest Service, U.S. Department of Agriculture and the U.S. Fish and Wildlife Service as defendants.
In its lawsuit, Alliance for the Wild Rockies alleged that the project’s authors failed to adequately consider impacts to grizzly bears, lynx and bull trout, all of which are federally protected under the Endangered Species Act. More than 30,000 acres within the project area are within designated critical habitat for lynx and over 18,000 acres overlap with a grizzly study area outside the bears’ established recovery zone.
Gassmann said while the project is on stall, it’s important for area residents who have shown support for the project to understand that the appeal allows for due process in large-scale operations like the East Reservoir Project.
“The Forest Service is committed to doing good work. That’s more than just timber sales; that’s making sure people have access and safe travel, and safe signs are being put up. That goes into all projects,” he said. “We’re not here to tell people what to do all the time. We’re here to work with folks from a lot of diverse interests.”
Reporter Sam Wilson can be reached at 758-4407 or by email at swilson@dailyinterlake.com. Western News reporter Seaborn Larson contributed to this report.