The North Fork Eel River is one of the wildest and most remote stretches of river remaining on the West Coast today. The rare human visitor to this Wild and Scenic river is unlikely to see another person, but will definitely see ubiquitous signs of another "visitor": cows. Illegal cattle grazing has caused serious damage to the important fish habitat in the North Fork, and on December 10, 2001, EPIC and the Center for Biological Diversity filed a federal lawsuit against the U.S. Forest Service for failing to protect this ecological treasure from harm.
The North Fork Eel River is one of three major forks of the Eel, and was designated as a "Wild and Scenic" river under federal law in 1981. Approximately 40% of the 180,000-acre watershed is within the Six Rivers National Forest. Under the federal Wild and Scenic River Act (WSRA), the river must be administered by the Forest Service to protect and enhance its "outstanding remarkable values," which in this case include salmon habitat, scenic values, water quality, recreational opportunities, and botanical diversity. The river is home to Chinook Salmon and Steelhead, both of which are listed as "threatened" under the Endangered Species Act.
The Forest Service authorizes cattle grazing on five allotments that include or border on stretches of the North Fork Eel that are designated as "wild" -- the most protective designation under the WSRA. With unrestricted access, large numbers of cows go right into the river itself, and extremely elevated levels of nutrients are causing massive algae blooms and other serious problems which damage fish habitat and water quality. Livestock grazing has also denuded native plant species and spread exotic ones across the watershed.
Despite having a clear mandate to protect salmon habitat and other "outstanding remarkable values" in the North Fork, the Forest Service has consistently failed to do so. The agency has never done an environmental review of any of the five allotments as required under the National Environmental Policy Act (NEPA), and has never created a management plan for the Wild and Scenic River as it has been required to do for many years.
EPIC and CBD contend that the issuance of these grazing permits constitutes a major federal action that requires preparation of an environmental impact statement under NEPA. EPIC and CBD also contend that the Forest Service must complete a management plan for the North Fork Eel River under the Wild and Scenic Rivers Act. Through this lawsuit, the groups are asking that no further grazing take place until a full environmental review has been conducted, a management plan completed, and all mitigation measures are in place to ensure the river is fully protected.
This case is part of EPIC's ongoing work to restore the majestic Wild and Scenic rivers on the North Coast of California. EPIC staff are currently gathering evidence and waiting for the government's response to the lawsuit. The case is expected to move towards a trial some time this spring or summer, and EPIC may file for injunctive relief in the near future if it becomes necessary to prevent cows from again degrading this unique area.
A Native American elder recently contacted EPIC to express his concern with the problems caused by these illegal grazing allotments. EPIC plans to work with Coyote Downey and CBD to ensure that cows are removed from the North Fork Eel River and that the Wild and Scenic North Fork is protected and restored.
EPIC is represented in this case by Pete Frost of the Western Environmental Law Center, Julia Olson of Wild Earth Advocates and Brent Plater of the Center for Biological Diversity.
