Both sides win, lose in lawsuit over Hoosier National Forest Houston South project
The Monroe County commissioners and the U.S. Forest Service, facing off in Indiana's southern district court, each can claim partial victory after Chief Judge Tanya Walton Pratt issued a summary judgment on March 30.
The civil lawsuit was filed May 13, 2020, by the Monroe County Board of Commissioners, Monroe County Environmental Commission, Dr. Paul David Simcox, Hoosier Environmental Council and the Indiana Forest Alliance concerning a proposed forest management project on about 13,000 acres of Hoosier National Forest land in Jackson and Lawrence counties.
Previous: Monroe County's legal fees are rising in a suit over the U.S. Forest Service's logging plans
Besides the Forest Service, other defendants in the case are Michael Chaveas, forest supervisor for Hoosier National Forest; Michelle Paduani, district ranger; the U.S. Fish and Wildlife Service; David Bernhart, USFWS secretary; and Aurelia Skipwith, USFWS director.
The Houston South Vegetation Management and Restoration project would include logging, timber sales, prescribed burns and use of herbicides and other practices on land within the watershed of Lake Monroe, which is the primary drinking water source for Bloomington and surrounding communities. Work on the project was expected to take place over a 10- to 15-year period.
Walton Pratt granted in favor of the Forest Service on the claim alleging violation of the Endangered Species Act, with the claim dismissed. The judge also granted in favor of the defendants on the claim that the Forest Service did not consider reasonable alternatives in compliance with the National Environmental Policy Act, with the claim dismissed.
Walton Pratt granted in favor of the plaintiffs on the claim that the Forest Service violated the National Environmental Policy Act by failing to fully evaluate the environmental effects to Lake Monroe. The judge remanded the project back to the Forest Service for further analysis.
Previous: Houston South project gets OK
Chaveas, forest supervisor, said the Forest Service is reviewing the court's order and considering the next steps, stating: "The actions to be implemented under the Houston South Restoration project are critical for the long-term benefit, diversity and resilience of our public forests and the habitats they provide for wildlife. A healthy and resilient forest buffer is essential for sustaining high water quality for Lake Monroe. Every action we conduct on the National Forest is performed with water quality protection measures in place that are closely monitored and have been proven effective, including a full suite of best management practices.
"The Houston South decision also includes a range of projects with the primary purpose of protecting and improving water quality, such as repair of poorly maintained roads and trails and currently eroded areas, as well as improving poorly sized or located culverts, all of which are currently contributing to sediment deposition in streams and erosion in the watershed and which would be addressed through implementation of the Houston South project," he said. "Many conservation-minded organizations are eager to see this project implemented in the coming years."
A news release from the Indiana Forest Alliance stated that the plaintiffs are "pleased" with the ruling.
Julie Thomas, president of the Monroe County commissioners, said, “We are encouraged by the court’s decision to uphold our claim against the U.S. Forest Service. By remanding this back to the Forest Service, the court has recognized the potentially deleterious impact of the Houston South plan on the water supply of more than 120,000 residents.”
Plaintiff David Simcox said, “This ruling sends a clear message to the USFS that it must expand the scope and detail in its environmental analysis. The government must consider the downstream effects of its projects.”
The Indiana Forest Alliance release also stated the plaintiffs are concerned about the claims where the judge ruled in favor of the Forest Service.
“We are concerned that the Forest Service will view the dismissal of these claims as a green light for doing lax analysis of alternatives to other projects in the HNF, no matter how massive their impacts are or what they will do to animals that are in dire straits," said Jeff Stant, executive director of the IFA. "We are discussing options for next steps with our legal counsel and the other plaintiffs.”
Contact Carol Kugler at ckugler@heraldt.com, 812-331-4359 or @ckugler on Twitter.
This article originally appeared on The Herald-Times: Forest Service project lawsuit gets split ruling from judge
