Judge lifts logging injunction

By Justin Post, of The Montana Standard - 04/13/2007

Environmental groups said they will appeal a U.S. district judge’s Tuesday order to lift an injunction on logging 2,600 acres in and around the Basin Creek watershed south of Butte.

U.S. District Judge Donald W. Molloy of Missoula dissolved the case after he said the Forest Service completed an analysis showing the project would not significantly impact soils.

But a trio of environmental groups is challenging the court order and said Thursday it will appeal the case.

“The project is a bad idea,” said Jeff Juel of the Wild West Institute, formerly the Ecology Center, in Missoula. “We’re committed to following our legal options to bring some good management to the area.” In 2005, the Ecology Center, Native Ecosystems Council and Alliance for the Wild Rockies sued the Forest Service over its Basin Creek Hazardous Fuels Reduction Project.

The groups said they oppose the project because it includes clearcutting 1,100 acres and building 14 miles of new roads.

Juel also said claims that the dead timber is a fire hazard are greatly exaggerated.

“It’s a fiction that there is any elevated fire risk and the Forest Service folks realize that,” he said. “When you have this agenda to log and you’re looking for any reason you can, propaganda is often the tool used by the agency. It’s easy to scare people with the spector of fire.” Yet, Forest Service officials believe logging the dead timber will reduce the chance of a major wildfire consuming everything in the basin 20 years from now, when the forest floor is thick with deadfall.

Furthermore, Basin Creek reservoir is the source of roughly 40 percent of Butte’s water and must be protected from pollution from wildfire, supporters say.

The Forest Service applauded the judge’s Tuesday ruling, but doesn’t foresee an immediate end to the legal battle, said Jack de Golia, public affairs officer for the Beaverhead-Deerlodge National Forest.

“We’re glad that the judge accepted our soils report, but we’ll have to see what the next step is,” he said.

Forest Service officials say they can afford this project because the trees still have value. With every year lost to legal wrangling, however, that value drops an estimated 20 to 25 percent, according to R-Y Timber, which holds the contract to log the timber.

Ed Regan, resource manager for R-Y Timber Inc., said he’s working with the Forest Service to identify areas that can be accessed by logging crews as winter snowpack recedes.

“We’re in the middle of spring breakup right now so there’s not a lot you can do,” he said. “If things dry out and there are areas we can get into, I’ll start working as soon as I can.” Tom Woodbury, a Missoula attorney representing the environmental groups, said he plans to file an appeal to stop the work as soon as next week.

— Reporter Justin Post may be reached via e-mail at justin.post@lee.net or by telephone, 496-5572.