Judge continues logging stop in WNF

Published 12:00 am Wednesday, August 25, 2004

If a tree falls in the Wayne National Forest and no one is around to hear it, does it still make a noise?

That answer is irrelevant right now because no trees will be coming down anytime soon. A judge issued a temporary injunction Tuesday

prohibiting logging and other activities from continuing on four timber sales spanning 1,400 acres within the Wayne in Lawrence County.

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U.S. District Court Judge Susan Dlott continued the timber sale stoppage that has been a stop-and-go issue for 7 years until she can fully hear the lawsuit filed by the Buckeye Forest Council and Heartwood Inc., groups that allege violations of federal laws.

"The public interest is served by granting a preliminary injunction so that all parties can research and argue an extremely complex case with a voluminous administrative record while posing the least risk to an endangered species," Judge Dlott stated in her findings. Dlott did not set a court date for the case that could take up to 6 months to hear.

The Markin Fork, Bluegrass, Greenville and Telegraph timber sales have all been halted until further notice. Markin Fork and Bluegrass Timber Sales were suspended in 1997 but resumed briefly in 2003 and 2004.

The lawsuit by the Buckeye Forest Council and Heartwood was brought against the Wayne and the U.S. Fish and Wildlife Service last April alleging violations of the Endangered Species Act regarding the federally-endangered Indiana bat, the National Environmental Policy Act, the National Forest Management Act and the Administrative Procedure Act.

Buckeye Forest Council representatives were pleased with the outcome.

"Our primary concerns were that a lot of the issues raised would be a moot point if the judge allowed the logging to continue while the case is being heard," said Chris Crews, campaigns coordinator. "For us, winning the injunction was an important step in the larger battle of winning the entire suit."

The Forestry Service contends that it followed all applicable laws and regulations. Messages left with the USFS were not returned as of press time.