WildEarth Guardians

Thursday, October 20, 2005
Grinch Didn't Steal Christmas; Holiday Tree Can Be Axed

A federal judge on Wednesday clarified a ruling that had prompted the Forest Service to put a hold on more than 1,000 projects
Contact: Tania Soussan Albuquerque Journal

A federal judge on Wednesday clarified a ruling that had prompted the Forest Service to put a hold on more than 1,000 projects, including cutting a holiday tree for display at the U.S. Capitol in Washington, D.C., from the Santa Fe National Forest.

The recent ruling in a California case requires the Forest Service to allow public review and comment on decisions.

But it applies only to timber harvesting, thinning more than five acres, prescribed burns, off-high vehicle use and other such projects, U.S. District Judge James K. Singleton Jr. said Wednesday.

Minor actions such as permits for hunting outfitters and gathering forest products for personal use don't need the review, Singleton said.

That's welcome news for the holiday tree project and about 35 New Mexico hunting guides whose permits were suspended in the middle of the elkhunting season.

"It's very good news for us," said John Boretsky, executive director of the New Mexico Council of Outfitters and Guides. "That was what we were hoping for. It will put everybody back into operation.

He said as much as $30 million in revenue was at stake.

About 180 projects in New Mexico and Arizona forests were affected, said Southwest region spokesman Jim Payne.

"We're following the law, the court's action," he said before Singleton's ruling Wednesday. "We know this is a hardship on local communities."

Payne hadn't seen the ruling late Wednesday and could not comment.

The Gila National Forest opened a 30-day comment period on personal Christmas tree cutting, but no other personal Christmas tree cutting or fuel wood gathering on New Mexico forests was affected, Payne said.

Sen. Jeff Bingaman, D-N.M., had jumped into the debate this week, writing a letter to President Bush. He said applying the court ruling to uncontroversial projects "appears to be an attempt to make a political statement, rather than manage our National Forests rationally."

The agency had opened a 30-day comment period on the planned Nov. 7 harvesting of an 80-foot spruce from the Santa Fe forest. It also put a hold on mushroom collecting permits in Oregon and delayed decisions on other small projects.

Sen. Pete Domenici, R-N.M., and Rep. Tom Udall, D-N.M., also have written to the Forest Service to say their actions went beyond the court decision.

"The Forest Service could have allowed a host of non-controversial projects to go forward even under the most stringent reading of the court's decision," Bingaman and Sen. Tom Harkin, D-Iowa, said in their letter to Bush.

"If the Forest Service continues to hold up projects, it's in direct defiance of the court," Bingaman spokeswoman Jude McCartin said late Wednesday.

Environmentalists- who sued to stop the Forest Service from exempting logging projects from public review- also have said those smaller projects shouldn't be affected.

"This is about logging and drilling, and it's a shame they'repreventing the American public from using the forests to press thisagenda," said Bryan Bird of Santa Fe-based WildEarth Guardians.

Copyright 2005 Albuquerque Journal - Reprinted with permission

Also, see the court order.