ELR Citation: ELR 21468
No(s). CV-86-102-BU-PGH (D. Mont. Apr 16, 1988)

The court holds that certain road construction and logging activities in the Beaverhead National Forest do not violate the Montana Wilderness Study Act (MWSA), and that there are issues of material fact as to whether the combined effects of the road construction and logging require an environmental impact statement (EIS) under the National Environmental Policy Act (NEPA). The court first holds that the Forest Service may allow nonwilderness development of roadless areas contiguous to a wilderness study area. The Forest Service had completed a study of the wilderness study area before any nonwilderness activities occurred in the contiguous areas. The wilderness study area also was not designated as primitive by the date of the Wilderness Act. Furthermore, the MWSA does not require areas contiguous to wilderness study areas to be studied or maintained as predominantly wilderness. The court next holds that the road construction and timber sales are connected or cumulative actions under federal regulations implementing NEPA. The Forest Service must therefore consider the combined environmental effects of these actions in determining whether an EIS is needed, and there are material issues of fact regarding those effects. The court then holds that the plaintiff lacks standing to challenge below-cost timber sales under the National Forest Management Act (NFMA), because it has not demonstrated any harm resulting from those sales. The court also holds that the NFMA does not forbid below-cost timber sales, or road construction that costs more than the accessed timber is worth. The court holds that the Forest Service has broad discretion under the Multiple-Use and Sustained-Yield Act (MUSYA), and that the plaintiff's allegations that the national forest was not operating on a sustained-yield basis fail to state a claim under MUSYA. Finally, the court holds that the Forest Service has reasonably determined that the sale areas will regenerate within five years, as the NFMA requires.

Counsel for Plaintiff
James H. Goetz
Goetz, Madden & Dunn, P.C.
35 N. Grand Ave., Bozeman MT 59715
(406) 587-0618

Counsel for Defendants
Lynn A. Johnson
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2000