ELR Citation: ELR 20852
No(s). 89-F-1242 (D. Colo. Feb 13, 1990)

The court enjoins the Forest Service from offering timber for harvest on the Bighorn National Forest because the Land and Resource Management Plan's assurance that harvested lands could be restocked within seven years is illegal under a provision of the National Forest Management Act that requires restocking within five years. The court holds that Forest Service directives to ensure restocking within five years do not render the case moot because there is no guarantee that they will not revert to the seven-year standard and the directives do not guarantee that five-year restocking will be implemented. The court holds that the five-year standard is a requirement that is not subject to technological feasibility. In addition, the court holds that the five-year restocking standard is mandatory and not contingent upon site-specific findings. Therefore, the court enjoins future timber sale contracts, although it does not apply the five-year standard to existing contracts.

Counsel for Plaintiffs
Federico Cheever, Douglas L. Honnold
Sierra Club Legal Defense Fund
1631 Glenarm Place, No. 300, Denver CO 80202
(303) 623-9466

Counsel for Defendants
Michael J. Norton, Jerry R. Atencio
U.S. Attorney's Office
1200 Federal Office Bldg, Drawer 3615, Denver CO 80294
(303) 844-2081

Wells D. Burgess, K. Jack Haugrud
Land and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 272-6959, -4134