Appeals court allows timber thinning project to continue

An ongoing timber project on the Nez Perce-Clearwater National Forest near the ghost town of Florence can continue this summer, according to a ruling from the 9th U.S. Circuit Court of Appeals.

The court recently dismissed claims by the Moscow-based Friends of the Clearwater and Alliance for the Wild Rockies at Missoula, Mont., that alleged Forest Service officials violated the National Forest Management Act, National Environmental Policy Act, Endangered Species Act and the Administrative Procedure Act when it approved the project to thin timber on about 2,600 acres.

The groups alleged the agency failed to fully take into account the project's effect on habitat for species like fisher, goshawk, pileated woodpecker and bull trout.

Gary Macfarlane with Friends of the Clearwater said he is disappointed by the ruling because it seems to run counter to other decisions in similar cases.

"I'm not sure what it means," he said. "It's all in the luck of the draw in terms of judges."

Mark Craig, timber contracting officer for the forest, said the ruling may make it easier for agency officials as they prepare future timber sale projects.

"It clarifies some stuff for us," he said.

However, Macfarlane said his group would continue to scrutinize the way the agency monitors sensitive species as it prepares timber sales.

"We will continue to raise concerns if there are issues related to rare species," he said.

Craig said work on three of the five timber sales that started last year will likely resume in June. Another of the sales will go to bid in about a month and the last sale will be offered in the fall.

The project is designed to remove timber and produce long-term improvement to fish habitat.

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Barker may be contacted at ebarker@lmtribune.com or at (208) 848-2273. Follow him on Twitter @ezebarker.