Decision to Clearcut Vermont, USA Forest Ruled Illegal

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WORLDWIDE FOREST/BIODIVERSITY CAMPAIGN NEWS

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Forest Networking a Project of Ecological Enterprises

http://forests.org/

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

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.

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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 <grnmt@sover.net>

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/

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