lynx habitat cited

Bitterroot Resort Thwarted Again

By Alaina Abbott, 7-03-08

The U.S. Forest Service turned down the Bitterroot Resort’s third request for a special-use permit to use national forest lands for Nordic and alpine skiing and mountain biking, Perry Backus of the Ravalli Republic reports.

Resort officials said Wednesday they are reworking their request and will likely resubmit it within a few weeks.

The new federal conservation regulations for Canadian Lynx put into place this spring made Lolo Forest’s lynx habitat the number one concern for the Forest Service during the reviewing process. Also, ski trail maintenance could disturb elk wintering habitat, and clearing trees for alpine skiing in the Bitterroot Forest could ruin the view from the Maple Creek area, Bitterroot National Forest Supervisor Dave Bull told Backus.

[End of article]

Well, the 9th Circuit ruled today, in a far reaching answer to an appeal of a USFS thinning sale, that wildlife cannot be the only reason to not permit a use. The USFS and environmental litigants have been put on notice that the USFS Organic Act of June 4, 1897 and the Multiple Use and Sustained Yield Act of 1960 give Congressional direction to the USFS to be a true resource multiple use manager of the land. It is a new ball game in the 9th Circuit. The Court is now going to let the USFS be the scientist of record in 9th circuit decisions, and judges are out of the science business.

In review of the 9th Circuit decision which found for the Lands Council in the case Lands Council vs. McNair, the en banc 9th Circuit Court decision vacated the prior decision, and in the majority opinion written by Judge Milan D. Smith, Jr., the Court ruled in favor of Bonner County, the city of Bonners Ferry, City of Moyie Springs, Everhart Logging and Regerh Logging, collective intervenors, who intervened on behalf of the USFS in a Land Council motion for a preliminary injunction to stop a fuel removal and thinning timber sale.

If the USFS is making decisions in good faith, with multiple use in mind, with the best use for the most people, the plaintiffs appealing USFS decisions are going to have a much, much harder time blocking USFS actions. Instead of the USFS having to prove that their action will benefit all resources, the burden of proof is to be if their action might harm too much or too many of the resources. The worm has turned, and the enviro lawyers have to find another path to obfuscation and denial in silly appeal after appeal. Sanity might have returned to public land management with this decision. The decision negates a great deal of judge shopping, and will be good for all citizens.

call Tim Blixseth, he sould be able to help you.

"The decision negates a great deal of judge shopping, and will be good for all citizens." I couldn't have said it better, Bear Bait. Thank you for providing such a great detailed post on this very important matter!