ELR Citation: ELR 21186
No(s). CV-90-76-BU (D. Mont Dec 29, 1994)

The court holds that the U.S. Forest Service's supplemental information report (SIR) for a proposed timber sale in the Beaverhead National Forest, which examined the habitat fragmentation, biodiversity, and biological corridors that the sale might affect, was not arbitrary and capricious, but that the Forest Service's environmental impact statement (EIS) for the sale failed to analyze adequately all reasonable alternatives, including a less environmentally damaging alternative that would exclude logging and road-building activity in the forest. The court first holds that the Forest Service did not arbitrarily and capriciously prepare the SIR. The Forest Service took every reasonable step to develop and discuss the comments to the draft EIS and incorporate responses thereto in the final EIS. Because plaintiff environmental groups did not alert the Forest Service to their concerns about the sale's potential impacts on habitat fragmentation, biodiversity, and biological corridors, they cannot take issue with the Forest Service's subsequent discussion of those issues in a separate document. Moreover, the EIS, together with the SIR, contain a reasonably thorough discussion of the significant aspects of the probable environmental consequences of the proposed timber sale. The court next holds that the Forest Service failed to analyze adequately all reasonable alternatives in the EIS. The Forest Service examined seven alternate courses of action with respect to the timber sale; however it, but did not consider an alternative aimed at preserving a roadless area in the forest. Considering this alternative would have afforded the opportunity for scientific and public participation and debate regarding the delicate balance between preserving natural resources and timber management. Finally, the court holds that the groups failed to set forth a persuasive argument to support their contention that the EIS fails to address adequately the impact of the timber sale on pine marten and goshawks, two of the forest's indicator species.

Counsel for Plaintiffs
Jack Tuholske
401 N. Washington St., P.O. Box 7458, Missoula MT 59807
(406) 721-6705

Counsel for Defendants
Robert Brooks, Ass't U.S. Attorney
U.S. Attorney's Office
167 Federal Bldg., Butte MT 59701
(406) 723-6611