Montanans Seek To Kill Enviros’ Anti-Forest Health Lawsuit
Mountain States Legal Foundation, July 1, 2009 [here]
DENVER, CO. A Montana couple that lives year-round in Montana near an area the U.S. Forest Service has deemed to be prime for dangerous fires today asked to intervene in a lawsuit filed by environmental groups [Native Ecosystems Council and Alliance for the Wild Rockies, here] to stop a forest health project intended to reduce fire risk. Janet and Ronald Hartman, who live north of Wilsall, Montana, believe that the Forest Service project and parallel efforts by local entities and individuals are key to preventing catastrophic fires that would destroy forestry resources, homes and buildings and endanger the lives of residents, visitors, and firefighters. The Forest Service plan involves land within the Gallatin National Forest 20 miles northeast of Bozeman, Montana. The Hartmans intervened in an earlier challenge to the proposal in which a federal court upheld all aspects of the plan except for a new mapping requirement, which has been completed.
“We believe this new lawsuit is without merit, especially the attempt by the environmental groups to re-litigate issues that they lost in their first lawsuit,” said William Perry Pendley of Mountain States Legal Foundation (MSLF), which represents the Hartmans. “We hope that the Hartmans are allowed to intervene and the court issues a speedy ruling so that the Forest Service can do what it can to protect lives and property from wild fire.”
In May 2005, the Forest Service finished the Shields River Watershed Risk Assessment to evaluate the risk of wildfire and insect loss to some 44,000 acres in the Smith Creek/Shields River area of the Gallatin National Forest of Montana. The Forest Service—with comments from adjacent private homeowners and State, county, and local officials and groups—developed the Smith Creek Vegetation Treatment Project to address the dangerous fuel buildups and mitigate the risk of catastrophic wildfire. The Project will reduce fuel loads on a maximum of 1,110 acres, in 10 separate units. A local, quasi-governmental group was formed to provide grants to local landowners to conduct fuels reduction projects on private lands.
In July 2008, environmental groups challenged the Forest Service’s plan. Janet and Ronald Hartman intervened in the case. In October 2008, the Montana federal district court ruled for the Forest Service and the Hartmans regarding all claims except the mapping of key habitat components for elk, which was remanded to the Forest Service.
On November 20, 2008, the Forest Service issued a supplemental environmental assessment and a 30-day comment period was opened. On March 6, 2009, the Forest Service issued a Decision Notice/Finding of No Significant Impact approving the Smith Creek Vegetation Project. On June 5, 2009, environmental groups again sued. … [more]
