More logging stopped in Sequoia Monument

Judge cites agency carelessness, issues injunction

Federal Judge Charles R. Breyer for the Northern District of California has enjoined the U.S. Forest Service from moving ahead with another controversial commercial logging project in Giant Sequoia National Monument, criticizing the agency for its "lack of thoroughness" and for its decision to evaluate potential consequences only after logging had begun.

Breyer explained that the Forest Service had ignored extensive research on how commercial logging would affect wildlife in the region, including the findings of its own sister agency, the U.S. Fish and Wildlife Service. "At the very least, a careful scientific analysis would likely entail more than a cursory evaluation of a sprinkling of the recent publications on topic, and would include some explanation for a conclusion that directly conflicts with that of the expert federal agency in this area," he wrote.

Earlier this fall, Judge Breyer ruled a similar timber sale, known as the "Saddle Project," illegal because it too had relied on outdated and incomplete data.

"Rather than more broadly addressing the judge's concerns, the Forest Service simply began allowing cutting and repeating the same mistakes somewhere else," explained Gallagher.

Judge Breyer also denied the Forest Service claims that the timber sale was urgently needed for public safety reasons. In light of the fact that the timber company "has waited six years to execute the contract because of unfavorable timber prices "an additional delay of less than one year cannot be devastating."

"Citizens groups have repeatedly been forced into court to get the Forest Service to follow the law," said Deborah Reames of Earthjustice who served as co-counsel in the case. "Protecting Giant Sequoia National Monument, a real gem of America's public lands, really shouldn't require such vigilant oversight by concerned citizens."

Giant Sequoia National Monument boasts two-thirds of all the Sequoia redwoods in the world. The Bush administration's plan for Giant Sequoia as well as the Ice Project specifically includes logging of healthy trees of any species as big as 30 inches in diameter. Trees of that size can be 200 years old or more.

Joining the Sierra Club as plaintiffs for this case are the Tule River Conservancy, Center for Biological Diversity, Sierra Nevada Forest Protection Campaign, Earth Island Institute, and Sequoia Forestkeeper. Earthjustice served as co-counsel, along with the Sierra Club.

Read a copy of the decision at http://www.earthjustice.org/news/documents/11-05/IcePI.pdf