Copyright © 1999 NLThomas
All Rights Reserved

BOZEMAN - Two conservation groups, American Wildlands and Native Ecosystems Council won a federal lawsuit the groups had filed in 1997 to prevent the North Elkhorns Vegetation Treatment Project and an amendment of the management plan for the Elkhorn Wildlife Management Unit on the Helena and Beaverhead-Deerlodge National Forests. The ruling by Judge Donald Molloy of the U.S. District Court in Missoula finds that the Forest Service engaged in biased decision-making and conducted an inadequate environmental analysis when amending the forest management plan.

The groups lawsuit charged that a more detailed environmental analysis is necessary because the Elkhorn Wildlife Management Unit (EWMU) has a unique management direction focused on wildlife protection and restoration, and that the Forest Service’s proposed amendment does not comply with this management direction.

"With this amendment to the management plan, the Forest Service is trying to get out of their commitment to manage the EWMU for wildlife." stated Dr. Sara Johnson, director of Native Ecosystems Council. "The amendment shifts away from a focus on wildlife and opens the door for increased logging, grazing, burning, and motorized use. Under the existing forest management plan, these activities could only be allowed when compatible with management direction for wildlife. The amendment allows such activities so long as they are 'mitigated such that they do not appear dominant'."

Cliff Merritt, long-time Montana resident and conservationist, helped to develop the original management criteria for the EWMU when it was created in the mid 1980’s. According to Cliff, 78, who grew up riding horseback in the Elkhorns, "the Forest Service’s changes in management direction do not meet the criteria we developed when we created the EWMU to protect wildlife values. This is a very special place, not regular multiple-use lands readily available for resource extraction."

Judge Molloy was particularly concerned with the lack of objectivity exhibited by the agency when revising the management plan. The Forest Service conducted an environmental assessment (EA) for the proposed management plan amendment. An EA is prepared to determine whether the activity will have a significant effect on the environment. If so, the Forest Service is required to conduct a more detailed environmental impact statement (EIS).

"In this instance, the Forest Service acted from the start under the presumption that an EIS would not be called for under any circumstances", stated Judi Brawer, Legal Resource Specialist for American Wildlands. "They were trying to circumvent environmental laws by going through the motions of an environmental analysis based on predetermined and presupposed findings. This ruling provides a check on the Service’s ability to make management decisions without objectively analyzing and informing the public of the environmental consequences of their actions."

"This is a great victory for wildlife", proclaimed Kim Wilson, attorney for the groups. "The Forest Service attempted to reduce protections for wildlife in the EWMU. This decision reinforces the importance managing the EWMU first and foremost for wildlife."

The ruling is also important because it halts the North Elkhorns Vegetation Treatment project. Because this logging project is based on the inadequately amended management plan, the Forest Service is required to reconsider the project after an adequate analysis is conducted for the amendment of the management plan.

The groups were represented by David K.W. Wilson, Jr. of Reynolds, Motl and Sherwood in Helena, with Judi Brawer as co-council.