Case Summary
Issue:
Whether the Forest Service should be allowed to conduct timber thinning operations consistent with good forestry management practices?
Plaintiff:
The Alliance for the Wild Rockies and The Native Ecosystems Council
Defendant:
Abigail Kimbell, Regional Forester; U.S. Forest Service; and the U.S. Fish and Wildlife Service
Intervenor:
Boulder River Watershed Association, Clydehurst Christian Ranch, Montana State Senator Jeff Essmann (R-S.D. 28), and Donald A. Bray
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Case History
After consultations with adjacent private homeowners, the local watershed association, State, county, local officials and groups, the Gallatin National Forest developed the Main Boulder Fuels Reduction Project along Boulder River Road south of Big Timber, Montana. The project area includes a narrow strip of non-wilderness land a 1/2 mile wide and 24 miles long that projects into the Absaroka Beartooth Wilderness Area.
The Boulder River corridor is served by a single, in some places one-lane dirt road. The project would reduce fuel loads by: thinning large-diameter green conifers, selectively harvesting insect- or disease-damaged conifers, cutting small-diameter conifers, slashing trees encroaching into meadows or aspen stands, prescribed burning in meadows and the understory of treated stands, and piling and removing or burning downed woody debris. The plan would reduce chances of accidental ignitions and fire intensity and rate of spread. Meanwhile, a local group is working with landowners to conduct similar fuels reduction projects on private lands. On April 24, 2006, after unsuccessful administrative appeals, two environmental groups sued alleging violations of several environmental and natural resource statutes. On June 15, 2006, the intervenors filed their motion to intervene as Defendants. On August 1, 2006, the motion was granted.
On October 10, 2006, the Alliance filed a motion for summary judgment, and on November 13, 2006, the government and the intervenors each filed cross-motions for summary judgment. On December 11, 2006, the Alliance filed its response/reply. On December 21, 2006, the intervenors filed their reply, and on January 5, 2007, the government filed its reply. Oral arguments were held on April 19, 2007.
On July 30, 2007, the Court ruled in favor of the Boulder River Watershed Association and other intervenors and the Forest Service. On August 9, 2007, the Alliance for the Wild Rockies appealed the District Court’s decision to the Ninth Circuit. On September 13, 2007, the Alliance filed a motion for voluntary dismissal, which was granted on September 20, 2007. On September 27, 2007, the federal government filed a notice of appeal of that part of the Court’s order of July 30, 2007, holding for the Alliance.
