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PROTECTING OUR PUBLIC LANDSALONG CALIFORNIA'S CENTRAL COAST

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October 20, 2006


FOREST SERVICE CHIEF DENIES OUR APPEAL OF THE NEW MANAGEMENT PLAN FOR THE LOS PADRES NATIONAL FOREST
 

Administration Silences ForestWatch and a Coalition of Other Groups Concerned About a New Management Plan for the Four Southern California Forests

 

In a disturbingly familiar pattern of degrading the environment, rejecting science and suppressing public participation, Forest Service Chief Dale Bosworth recently attempted to silence opposition to the agency's inadequate new management plans for the Los Padres National Forest and three other forests in southern California.  In response, a coalition of science and conservation organizations yesterday filed a lawsuit against the U.S. Forest Service, charging that the administration illegally dismissed the groups’ concerns over the plans.

Officials approved new forest plans in April 2006 as part of a multi-year effort to reform the management of the four Southern California national forests.  The plans serve as blueprints for development activities in the forests for the next decade, specifying where activities like oil drilling, logging, road construction and off-road vehicle use can occur.

As part of the ongoing public process surrounding the new plans, nine local, state and national conservation organizations submitted a detailed Conservation Alternative, outlining a host of protective measures needed to safeguard these public lands.

Officials rejected the Conservation Alternative and instead adopted their own internal version of the plan that focused too much on expanding roads, off-road vehicle use and commercial, extractive uses like logging and oil drilling rather than protecting the natural values and low-impact recreational uses enjoyed by millions of people every year. 

ForestWatch and the other organizations extended the negotiation process in July, filing a 250-page formal administrative appeal. The appeal cited numerous legal problems with the management plans.

"The plans would increase development on our local forests, at the expense of clean water, wildlife habitat, and forest recreation," said Jeff Kuyper, executive director of Los Padres ForestWatch based in Santa Barbara.  "By dismissing our appeal, this administration has shrugged off our community's call for stronger protections for our local forests."

Rather than address the issues raised in the appeals, the Forest Service blatantly chose to ignore its own regulations and denied the groups’ appeal on a bogus procedural claim, stating that the appeals arrived too late despite the fact that the groups filed their appeals one day before the deadline. 

The regulations governing appeals clearly state that appeals of forest plans must be postmarked within ninety days of the plan’s approval.  The groups’ appeal was postmarked on July 19 (day 89), well within the deadline established by law.

 “This administration seems to believe that violating agency regulations is standard procedure,” said Monica Bond, wildlife biologist with the Center for Biological Diversity.  “When it received our appeal on time, the agency still rejected it without addressing any of our actual concerns.  The public has entrusted this agency to protect our national forests, not to play games with them.”

“We strictly followed all filing requirements, mailed our appeal before the deadline, and fully complied with the agency’s recommended mailing procedures,” said Justin Augustine, staff attorney with the Center for Biological Diversity, the lead appellant.  “By denying our appeal, the Forest Service has left us with no other options, forcing us to go to court just to have our voices heard.”

The groups filing the lawsuit are Los Padres ForestWatch, the Center for Biological Diversity, Sierra Club, California Wilderness Coalition, Wilderness Society, Defenders of Wildlife, Natural Resources Defense Council, and California Native Plant Society.  The lawsuit outlines violations of the National Environmental Policy Act, National Forest Management Act, Endangered Species Act and Administrative Procedure Act against Secretary of Agriculture Mike Johanns, Forest Service Chief Dale Bosworth and the U.S. Forest Service.

The Los Padres, Angeles, San Bernardino and Cleveland national forests are within a couple of hours drive of 20 million people and boast some of the country’s most popular places to hike, camp, picnic, fish and hunt, bird watch, rock-climb, mountain bike, horseback ride, stargaze, and indulge in a host of other nature-based activities.  These 3.5 million acres of public forests also are the center of a global biological “hotspot,” an area that harbors an incredible diversity of life but is also undergoing rapid habitat loss.  As such, the forest plans are tremendously important for both people and the native plants and animals of the region. 

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