Forest Service Public Comment Rules Nixed

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Wed, 26 Apr 2006 06:43:17 -0700

[Zepps_News] Forest Service Public Comment Rules Nixed

 

 

 

 

http://www.washingtonpost.com/wp-dyn/content/article/2006/04/25/AR2006042501641.\

html

 

Forest Service Public Comment Rules Nixed

 

By SUSAN GALLAGHER

The Associated Press

Tuesday, April 25, 2006; 8:02 PM

 

HELENA, Mont. -- A federal judge struck down regulations that limited

the public's ability to challenge U.S. Forest Service decisions on

timber sales and other projects.

 

The judge issued an injunction Monday against a2 rule that required

people to specify objections to Forest Service projects while they are

under consideration, or forfeit the right to challenge them later. The

injunction applies nationwide.

 

 

Lawyer Doug Honnold, who represented environmental groups in the case,

said Tuesday the rule was a problem because people might not know a

project threatened their interests until after the agency's deadline.

 

" Whether you're a hunter, hiker or neighboring landowner, the Bush rule could

cut you out of the process, " said Honnold, of Earthjustice.

 

A timber industry group defended the rule Tuesday.

 

" You don't wait until the process is finished and then say, 'I don't

like it,' " said Ellen Engstedt, executive vice president of the Montana Wood

Products Association.

 

The judge also struck down a rule that exempted some Forest Service

projects from requirements for environmental analyses, and another rule that

allowed the government to bypass public involvement in national forest

management by having the agriculture secretary or undersecretary sign decisions

on agency projects.

 

U.S. District Judge Donald Molloy of Missoula agreed with federal court

decisions in California that invalidated those two rules earlier. He said

Congress wants the public to have wide rights to appeal Forest Service

decisions.

 

The Bush administration issued the rules in 2003. The Forest Service had said

they would help hasten removal of trees from overgrown forests that pose a

wildfire hazard.

 

Agency spokesman Dan Jiron said officials had not read the judge's

decision. " We'll comply with court orders and if something else needs to be

done, we will work with our lawyers, " Jiron said.

 

The lawsuit was brought by The Wilderness Society, American Wildlands

and the Pacific Rivers Council against Agriculture Secretary Mike

Johanns, Undersecretary Mark Rey and Forest Service Chief Dale Bosworth.

 

___

 

On the Net:

 

Earthjustice: http://www.earthjustice.org

 

U.S. Forest Service: http://www.fs.fed.us

 

--

" Now, by the way, any time you hear the United States government talking about

wiretap, it requires -- a wiretap requires a court order.

Nothing has changed, by the way. When we're talking about chasing down

terrorists, we're talking about getting a court order before we do so "

-George W. Bush, April 20, 2004

 

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