Timber Sales Suspended

Under Construction

In July, Matt Kenna from the Western Environmental Law Center argued that the Healthy Forests Initiative violated the 1992 Appeals Reform Act (which allows the public to comment on and appeal all Forest Service projects). He said the Bush administration illegally changed Forest Service regulations through the Healthy Forests Initiative in 2003 when it denied public input on smaller proposals like hazardous fuels-reduction projects.

Judge James Singleton, with the U.S. District Court for the Eastern District of California, decided the Forest Service must allow public comment and appeal to all Forest Service projects, regardless of the projects' size.

On Sept. 16, Singleton ruled it inappropriate to hold the Forest Service in contempt given the complexity of determining which projects are affected by his decision. At the same hearing, the Forest Service had requested the geographic scope of the ruling be limited to the Eastern District of California, but Singleton refused.

Basically, all categorically excluded proposed actions signed since July 7, 2005 are subject to the notice, comment and appeal procedures. These projects or activities will be suspended until this process has been completed.

The following timber sales have been withdrawn by the IPNF and announced in the Spokesman Review 9.29.2005: White Gold, Paper Thin, Shoshone Ridge, and Eastport.

On May 18, 2005, the Idaho Panhandle National Forest (IPNF) Forest Supervisor, Ranotta McNair, withdrew the Record of Decision (ROD) for the Hidden Cedar Project from the District Court, State of Idaho. This was to allow the St. Joe Ranger District to address the issues raised by the Ninth Circuit Court of Appeals in Lands Council v. Powell, 395 F. 3d 1010 (9th Cir.2005). Interested parties will have the opportunity to comment on the Draft Supplemental Hidden Cedar EIS in February 2006 during the 45-day comment period. A Final SEIS and Record of Decision are scheduled for completion in April 2006. The project leader is Pete Ratcliffe at the St. Joe Ranger District Office in St. Maries 208.245.2531.


Hidden Cedar
On May 18, 2005, the Idaho Panhandle National Forest (IPNF) Forest Supervisor, Ranotta McNair, withdrew the Record of Decision (ROD) for the Hidden Cedar Project from the District Court, State of Idaho. This was to allow the St. Joe Ranger District to address the issues raised by the Ninth Circuit Court of Appeals in Lands Council v. Powell, 395 F. 3d 1010 (9th Cir.2005). Interested parties will have the opportunity to comment on the Draft Supplemental Hidden Cedar EIS in February 2006 during the 45-day comment period. A Final SEIS and Record of Decision are scheduled for completion in April 2006. The project leader is Pete Ratcliffe at the St. Joe Ranger District Office in St. Maries 208.245.2531.

Deerfoot, Hidden Cedar, West Gold Timber Sales Withdrawn

The Forest Supervisor has withdrawn the Records of Decision for three timber sales on the Idaho Panhandle National Forest.  The Lands Council has opposed these sales to prevent irreparable damage to bull trout and west slope cutthroat trout, water quality, old growth forest, soils, and old-growth dependent sensitive species.  The withdrawal occurred as a result of the issues raised by The Lands Council vs. Powell decision in the Ninth Circuit.  Last fall, the Ninth Circuit found that the Forest Service did not fully analyze cumulative environmental impacts from past watershed logging activities, "There is no catalog of past projects and no discussion of how those projects (and differences between the projects) have harmed the environment" and "there is no discussion of the connection between individual harvests and the prior environmental harms from those harvests that the Forest Service now acknowledges."  Supplemental analysis will be given and the Forest Supervisor will be issuing new decisions after considering the environmental analysis and public input.  We are excited that our precedent setting Iron Honey court case decision continues to support our efforts to protect the biological integrity of our forests.