Federal Lawsuit Seeks Protection for Ancient Forest
EPIC Asks Court to Block Logging

December 1, 2003


On September 30, EPIC filed a federal lawsuit to challenge a logging sale within remote, ancient forests on the Mendocino National Forest. Adjacent to the Yolla Bolly-Middle Eel Wilderness, the "Divide Auger" Timber Sale demonstrates the true nature of the Bush Administration's plans for the management of our public forestlands, targeting large, fire-resistant trees many miles from any community.

EPIC's suit charges the Forest Service with violations of the National Forest Management Act (NFMA) and other laws, alleging both that the agency failed to protect fish, wildlife and old-growth forests, and that the timber sale would exacerbate future wildfire risks.

The Divide Auger sale is in the Thomes Creek watershed, a free-flowing tributary of the Sacramento River. The action, which the Forest Service described as having no significant impact on the environment, includes 21 separate logging units and would remove 4.5 million board feet, or 700 logging truckloads, from old-growth and mature forest habitat.

The large old-growth trees that the Forest Service is planning to cut are resilient to fire and provide habitat for a number of rare species. They are exactly the kind of forests that should be protected to reduce the threat of catastrophic fire events and to preserve wildlife and watershed health. The Yolla Bolly-Middle Eel Wilderness provides critical habitat for the northern spotted owl and contains suitable nesting and denning habitat for goshawk, marten, and fisher; it also constitutes big-game habitat for black-tailed deer and black bear.

The forests at issue provide some of the last remaining habitat for the northern spotted owl on the eastern portion of its range and for the spring- and winter-run chinook salmon, which are highly imperiled in the Sacramento River watershed. Dams and other problems have blocked access to more than 95% of the historical spawning habitat in the Sacramento River, making Thomes Creek a critical stream for both steelhead and chinook salmon. An 11-mile stretch of Thomes Creek is eligible for protection under the federal Wild and Scenic Rivers Act.

This Divide Auger sale is indicative of the problems with the Bush Administration's narrow-minded views on forest management. Though the sale area is deep in wild backcountry, many miles from any community, the Forest Service claims that one purpose of the logging operation is "hazard fuel reduction," and another is "improving forest health" by cutting "infested" trees. The Forest Service has also attempted to limit the public's ability to participate in the review process. EPIC's suit reveals the Forest Service's alteration of the Environmental Assessment for the project after it was circulated to the public for review and comment, and concealment of information in internal reports that were not disclosed to the public.


This article can be found online at www.wildcalifornia.org/publications/article-58