Decision to Clearcut Vermont, USA Forest Ruled Illegal
12/26/97
OVERVIEW, SOURCE & COMMENTARY by EE
The Green Mountain Forest Watch reports on the U.S. court of appeals
ruling that the United States Forest Service's plan to build roads and
log in the 5,500 acre Lamb Brook Roadless Area, located in Vermont's
Green Mountain National Forest, is illegal. This provides a great
deal of hope, as well as setting a precedent, for all those working to
conserve the last bits of remnant wilderness in the United States.
Find that special place and work to protect and restore/expand it.
There is a mother lode of information (400+ articles) on American
forest conservation issues at http://forests.org/forests/america.html
g.b.
*******************************
RELAYED TEXT STARTS HERE:
Title: Lamb Brook Victory- Finally!
Decision to Clearcut on Vermont National Forest Ruled
Illegal by Second Circuit
Source: Green Mountain Forest Watch
Status: Distribute freely with accreditation
Date: December 23, 1997
Byline: Mathew Jacobson
New York City- In a decision issued yesterday, the US Court of Appeals
ruled that a US Forest Service proposal to build roads and log in the
5,500 acre Lamb Brook Roadless Area, located in Vermont's Green
Mountain National Forest, violated the National Environmental Policy
Act (NEPA).
In the decision, the court stated, "In sum, we agree that the Forest
Service violated NEPA by failing to adequately consider all relevant
environmental factors prior to making its finding of no significant
impact...."
The lawsuit centered around a Forest Service decision to construct and
reconstruct three miles of roads and log approximately two square
miles of one of southern Vermont's most remote wild forests, Lamb
Brook. The area is located on the Green Mountain National Forest,
southwest of Wilmington, VT. As one of southern Vermont's most remote
areas, Lamb Brook is an ecological jewel, critical to the survival of
black bear, interior dependent songbirds, and many other species.
The Forest Service proposal has been criticized by Vermont's entire
Congressional delegation and the State's wildlife biologist.
Plaintiffs in the lawsuit included Green Mountain Forest Watch,
Conservation Law Foundation, National Audubon Society, Sierra Club,
The Wilderness Society, and Vermont Audubon Council.
While the Forest Service has been found in violation of environmental
laws numerous times in western states, this was the first lawsuit of
its kind against the US Forest Service in New England's history.
The project had previously been declared illegal by the Federal
District Court in Vermont two years ago. That decision was appealed
by the US Forest Service, and was heard by the Second Circuit last
February.
In the seventeen page ruling, the Appellate Court upheld the District
Court1s ruling, stating, "We, like the district court, are left with
the firm conviction that the Forest Service could not have adequately
considered the significance of its proposed action's impact on the
environment." and, "What impact the Forest Service's proposed action
will have on the birds, the bears, and the existence value of Lamb
Brook is not clear..."
The court ultimately threw out the Forest Service decision and
remanded the matter back to the agency.
"This is a great victory for us... and for the forests and creatures
of Lamb Brook." said Mathew Jacobson, Executive Director of Green
Mountain Forest Watch, which led the coalition of environmentalists
who brought the suit. "The court ruled that the Forest Service had
hidden the effects of its proposal, and that's against the law."
"This is a precedent setting win for Vermonters who want their
National Forests protected, instead of destroyed by Forest Service
clearcutting and roadbuilding," said Stephen Saltonstall Esq.,
attorney for the environmentalists. "It's been a long hard struggle,
but the Federal Courts have vindicated us. We now call on the Green
Mountain National Forest Supervisor, James Barthelme, to protect Lamb
Brook forever. Our black bears and songbirds need wildlands and
forests, not wastelands and stumps."
"We won this time, but it's not over yet. Like a creature from a
horror movie, the Forest Service's Lamb Brook project keeps rising
from the grave every time you think it's finally dead," said Jad
Daley, Outreach Director for Green Mountain Forest Watch, "Green
Mountain Forest Watch is calling on everyone who loves Vermont's
forests and the critters that call them home to demand that the Forest
Service live up to its motto of 'Caring for the land and serving
people' by protecting this priceless wildland."
"We're very happy about this ruling," said Mr. Jacobson. "Both the
District Court and the Appellate Court have made clear that the Forest
Service is not above the law. We hope that the Forest Service uses
this opportunity to do the right thing in the future, but right now
we're just happy for the birds and bears that call Lamb Brook home.
It's certainly a happy new year for them."
Mathew Jacobson
Green Mountain Forest Watch
48 Elliot St. Brattleboro, VT 05301
grnmt@sover.net
http://www.sover.net/~grnmt/