Conservation groups sue U.S. Forest Service over unlawful plan to log Nantahala

ASHEVILLE – The U.S. Forest Service announced the final version of the Pisgah-Nantahala Land Management Plan in February 2023, drawing criticism from conservation advocates about its allowance for aggressive logging practices.

Now five of those groups have filed a lawsuit against the Forest Service, alleging that its plan to log a section of Nantahala National Forest violates the National Forest Management Act.

The Southern Environmental Law Center, which has an Asheville office, filed the lawsuit in the Asheville Division of the U.S. Western District Court of North Carolina. This legal center filed the complaint on behalf of the Chattooga Conservancy, the Center for Biological Diversity, Defenders of Wildlife, MountainTrue and the Sierra Club.

The groups argued that a 15-acre logging portion of a project located near Cashiers was inconsistent with two aspects of the recently approved Forest Plan. This is known as the “Southside Project.”

More: Old-growth logging in Nantahala National Forest to move forward, US Forest Service says

The Nantahala National Forest covers more than a half-million acres of mountainous terrain in the westernmost region of Western North Carolina. It is the large of the state’s four national forests and is open to timber harvesting, hiking, fishing, hunting, paddling, horseback riding and more activities.

The legal groups asked the court to enter a declaratory judgment — an agreement that their interpretation of the law is correct. The complaint also asks the court to stop this portion of the logging project.

“It’s even more than losing trees. It’s losing a whole ecosystem, losing a whole watershed, a pristine watershed that would be polluted and degraded by this logging” Southeast Director and Senior Scientist for the Center for Biological Diversity Will Harlan told the Citizen Times Jan. 31.

The National Forest Management Act requires the Forest Service to develop, maintain and revise resource management plans for parts of the National Forest System.

The complaint points to parts of the NFMA, which require national forests to align resource plans, permits, contracts and other instruments with the current version of the land management plan. It also pointed to case law that indicates the forest service must bring projects to align with the current land management plan.

The groups argue that the portion of the Southside Project does not meet the standards created by the current land management plan, therefore violating the NFMA.

“It’s a real shame the agency forced us to go to court to protect this area. It’s in no need of logging," Managing Attorney for SELC Patrick Hunter told the Citizen Times Jan. 31. "It’s protected in the new forest plan and the agency doesn’t seem to be sticking with those protections."

The plan created specific protections around logging in “Special Interest Areas,” mostly around protecting or restoring habitats, reducing hazards, or providing for public safety. The complaint argues the forest service bypassed those requirements.

2024-01-31 Complaint by Mitchell Black on Scribd

The 15-acre portion of the Southside Project in question received designations from North Carolina for its natural features and rare species.

The forest plan also created special protections for areas designated as scenic. Even though the Whitewater River earned this designation, the complaint alleges the Forest Service did not perform the necessary analysis to log in that area.

More: Nantahala environmental analysis released; advocates criticize logging and road building

More: US Forest Service codifies Upper Chattooga River paddler permit regulations for NC and SC

U.S. Forest Service spokesperson Jenifer Bunty told the Citizen Times Jan. 31 that she cannot comment on pending litigation.

The lawsuit comes on the heels of a final environmental analysis and draft decision for the Nantahala Mountains Project, which the forest service described as a full restoration effort that would support wildlife, restore native tree species and improve trail access. Critics also took issue with that project’s plan to log a section of old growth forest.

Mitchell Black covers Buncombe County and health care for the Citizen Times. Email him at [email protected] or follow him on Twitter @MitchABlack. Please help support local journalism with a subscription to the Citizen Times.

This article originally appeared on Asheville Citizen Times: Conservation groups sue Forest Service on unlawful Nantahala logging