ELR Citation: ELR 20229
No(s). 73-68-E (N.D. W. Va. Jan 25, 1974)

The court denies a motion by defendants to amend its final order holding illegal, under the Organic Act, clearcutting in the Monongahela National Forest and requiring the Forest Service to modify its regulations, contracts, and manual provisions accordingly before July 1, 1974. Defendants sought to have the modification requirement deleted altogether, or else limited to regulations, contracts, and provisions solely for the Monongahela Forest with a period of one year after the court's order becomes final allowed for the revision.The court rules that the public interest in the lawful sale and harvesting of timber from public lands requires that the Forest Service be compelled to proceed with the revisions as originally ordered without any further delay. The court also denies defendants' request for oral argument on the motion to amend, noting that the issue has been extensively briefed by counsel and that oral argument would only serve to delay either compliance by defendants or their prosecution of an appeal. For the court's earlier orders, see 3 ELR 20895 and 4 ELR 20128. See also Comment, Clearcutting Ordered Halted on Federal Lands, 3 ELR 10177 (Dec. 1973).

Counsel for Plaintiffs
Bruce J. Terris
1906 Sunderland Place, NW
Washington, DC 20036

Counsel for Defendants
L. Mark Wine
Department of Justice
Washington, DC 20530