Two groups file lawsuit against Helena Forest

By EVE BYRON - IR Projects Editor - 08/23/07

Two environmental groups filed a lawsuit this week in federal court in Helena to stop a fuel reduction project in Elliston.

The decision by the Helena National Forest to do the so-called “Elliston Face” project was “arbitrary and capricious, an abuse of discretion, and/or otherwise not in compliance with the law,” according to the complaint filed by the Alliance for the Wild Rockies and the Native Ecosystems Council.

Michael Garrity, executive director for the Alliance for the Wild Rockies, said this isn’t the first time they’ve challenged the Helena National Forest on this project.

“The main issue is that the first time we appealed, they had a 2005 document by their biologist saying the project area is in an elk winter range, and we won that appeal,” Garrity said on Wednesday. “The second time they put this project forward, that document had disappeared. We supplied it to them, but they ignored it.”

Since the project sits within the winter range for about 100 elk, and calls for winter logging, Garrity said it’s inconsistent with the Helena National Forest’s overall management plan. In addition, he claims the final result of the project wouldn’t provide adequate thermal cover for the elk.

Helena District Ranger Duane Harp, who was named as a defendant in the case, said he can’t comment on Garrity’s allegations because they’re part of the lawsuit.

But in general, he’s disappointed that the case is going to U.S. District Court.

“This is a good project that has had wide local support since it was proposed,” Harp said. “We’re there for all the right reasons.”

The Elliston Face hazardous fuels reduction project covers about 765 acres near the town of Elliston, west of MacDonald Pass. Helena Forest officials say the forest here poses the threat of a large stand-replacing fire that could burn into the community, and also harm a large power line that runs through the area.

The plan calls for some commercial logging as well as prescribed burns. Harp said it’s also a stewardship project, which means that instead of proceeds from the timber sale going into the national coffers, they would be used for fencing, roadwork and other local projects.

Helena officials said private landowners in and around Elliston support the Forest Service effort, and that Powell County identified the project area as its highest priority for treatment in its community wildfire protection plan. A local advisory committee that includes environmental organizations, motorized and nonmotorized user groups and grazing, timber and mining interests also supports the project.

Harp pointed to the 2007 fire season, which once again shows that wildfire “is and will continue to be a constant visitor.”

“This project isn’t designed to eliminate fire, but rather to change the fire intensity and fire behavior around Elliston so we can make a difference and suppress the fire on our terms,” Harp said.

Garrity said the project can go forward, but he wants to ensure that’s done in a legal manner based on the best available science.

“In our opinion, it’s pretty black and white,” Garrity said.

Reporter Eve Byron can be reached at 447-4076 or at eve.byron@helenair.com.

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Reader Comments:

checolbar wrote on Aug 23, 2007 9:57 AM:

" Sure, let the wacko environmentalists get their way so we can have more out of control forest fires! "


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