ELR Citation: ELR 20895
No(s). 73-68-E (N.D. W. Va. Nov 6, 1973)

Clearcutting of federally owned forest lands violates the Organic Act of 1897. The Act's requirement that only dead, mature, or large trees are to be cut cannot be evaded by a determination that trees in a given area are collectively mature. Maturity refers to physiological development, not to the Secretary of Agriculture's finding that it is economically desirable to harvest the tree. The Forest Service must mark individually all trees to be cut, and contractors must remove all felled timber. The Organic Act was passed in order to prevent exploitative overforestation, and while one of its general purposes was to ensure a continuous supply of timber, this provision does not invalidate the specific requirements and prohibitions contained in the statute.

Counsel for Plaintiff
Bruce J. Terris
1908 Sunderland Place, NW
Washington, DC 20036

Counsel for Defendant
L. Mark Wine Attorney
U.S. Department of Justice
Washington, DC 20530