Sierra Club v. Martin

Decision Date30 January 1998
Docket NumberNo. CIV.A.1:96-CV-926TWT.,CIV.A.1:96-CV-926TWT.
PartiesSIERRA CLUB, et al., Plaintiffs, v. George E. MARTIN, et al., Defendants. and Bert Thomas, et al., Defendant Intervenors.
CourtU.S. District Court — Northern District of Georgia

Donald D.J. Stack, Stack & Associates, Atlanta, GA, Eric Eugene Huber, Earthjustice Legal Defense Fund, Inc., New Orleans, LA, for Sierra Club, Wilderness Society, Georgia Forestwatch, Inc., the Armuchee Alliance, Raburn County Coalition to Save the Forest, Inc., Friends of Georgia, Inc., plaintiffs.

James Randolph Schulz, Office of United States Attorney, Atlanta, GA, Lois J. Schiffer, phv/USAty, U.S. Department of Justice, Environment & Natural Resources Division, Washington, DC, Kelly E. Mofield, phv-DOJ, U.S. Department of Justice, Environment & Natural Resources Division, Franklin Station, Wildlife & Marine Resources Section, Stephen R. Herm, phv, U.S. Department of Justice, Environment & Natural Resources Division, Lisa A. Holden, phv-DOJ, U.S. Department of Justice, Environmental/Natural Resources Division, Washington, DC, for George G. Martin, in his official capacity as Forest Supervisor of the Chatahoochee and Oconee National Forests, Robert C. Joslin, Regional Forester of the United States Forest Service for Region Eight, United States Forest Service, Defendants.

Alexander Stephens Clay, IV, Ashley B. Watson, Kilpatrick Stockton, Atlanta, GA, Thomas R. Lundquist, phv, John A. Macleod, phv, Joseph M. Klise, phv, Crowell & Moring, Washington, DC, for Bert Thomas, Cook Brothers Lumber Co., Inc., Parton Lumber Co., Inc., and Thrift Brothers Lumber Co., Inc., Defendant-Intervenors.

ORDER

THRASH, District Judge.

This action challenges the approval by the United States Forest Service of seven timber cutting projects in the Chattahoochee National Forest in North Georgia. It is before the Court on the Motion for Summary Judgment [Doc. No. 54] of the Plaintiffs, and Cross-Motions for Summary Judgment [Doc. Nos. 62 and 63] by the Defendants and Intervenors. For the reasons set forth below, the Court denies the Plaintiffs' Motion for Summary Judgment and grants the Cross-Motions for Summary Judgment of Defendants and Intervenors.

I. INTRODUCTION

The Chattahoochee National Forest consists of approximately 750,000 acres of public land spread across North Georgia. The Forest Service has approved timber cutting projects for seven sites in the Chattahoochee National Forest. For each project, the Forest Service proposed to enter into a contract to sell the timber to a private contractor. The contractor would then cut the timber and remove it from the National Forest. The seven timber cutting projects involve cutting timber on 1,797 acres of land in the Chattahoochee National Forest. The Plaintiffs have various recreational, aesthetic, business and/or environmental interests that will be affected by the timber cutting projects. The Plaintiffs' interests are within the zone of interests protected by the pertinent statutes and are not merely generalized grievances shared by the citizenry at large. Warth v. Seldin, 422 U.S. 490, 499, 95 S.Ct. 2197, 45 L.Ed.2d 343 (1975). Consequently, they have standing to assert these claims. See Lujan v. Defenders of Wildlife, 504 U.S. 555, 562-563, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992); Sierra Club v. Morton, 405 U.S. 727, 734, 92 S.Ct. 1361, 31 L.Ed.2d 636 (1972).

The Plaintiffs' claims implicate multiple statutes, including the Multiple-Use Sustained-Yield Act of 1960, 16 U.S.C. § 528 et. seq., the National Environmental Policy Act of 1969, 42 U.S.C. § 4321 et. seq., the National Forest Management Act of 1976, 16 U.S.C. § 1600 et. seq., the Endangered Species Act, 16 U.S.C. § 1531 et. seq., and the Administrative Procedure Act, 5 U.S.C. § 501 et. seq. If the Plaintiffs' position prevails, timber cutting in the Chattahoochee National Forest and the Oconee National Forest will cease for the foreseeable future, notwithstanding the Congressional mandate that the National Forests are to be managed for timber production as well as recreational and other uses. If the Defendants and the Intervenors prevail, numerous stands of 60 to 90 year old trees will be cut down and tons of dirt, rock and debris will be washed into the streams of North Georgia. Plaintiffs claim that the resulting injury to the environment and wildlife of the Chattahoochee National Forest will be irreparable.

The Southern Appalachia region is one of the most diverse in terms of plant and animal life of the entire North American continent. More than 2000 plant and 500 animal species live in the Chattahoochee National Forest. Due to the wide range of topography, the region is home to plant and animal species found as far south as the coastal lowlands and as far north as the forests of Canada. The forests of Southern Appalachia were virgin hardwood forests when first seen by Europeans. Agriculture, logging, reforestation and the American chestnut blight all in turn transformed these forests into what they are today. The majority of the Chattahoochee National Forest was cut for timber between 1880 and 1930. As a result, natural old growth stands of long life tree species such as oak usually occur on steep, rough land that was not logged or logged only selectively. There are 186,726 acres of the Forest that are set aside as old growth areas that are not available for timber harvesting. In all, 27 percent of the Forest is withdrawn from timber harvesting.

The Chattahoochee and Oconee National Forests are home to many species of threatened and endangered plants and wildlife. Approximately 175 species of plants, birds, mammals, reptiles, amphibians, insects, mussels and fish are included on state or federal lists of threatened and endangered species or are considered as "sensitive species" by the Forest Service. This includes plants such as the small whorled pogonia, purple sedge, northern pitcher plant, pink ladyslipper, snowy hydrangea, Virginia bluebell and dwarf ginseng. Other threatened, endangered or sensitive species include the bald eagle, the peregrine falcon, the red-cockaded woodpecker, the South Appalachian cottontail, the pygmy shrew, Sherman's fox squirrel, the bog turtle, the green salamander, the blue shiner, the amber darter and the brook trout.

The Chattahoochee National Forest has about 19,000 lakes and 1500 miles of perennial trout streams. The annual precipitation varies from 54 inches in the foothills to 80 inches in the extreme northeastern mountains. Most of the Chattahoochee National Forest exhibits the rugged mountainous terrain typical of the Southern Appalachians. A small area near Toccoa is classified as Upper Piedmont. A small area near Dalton is classified as Ridge and Valley. Most of the Chattahoochee National Forest is of an Appalachian oak forest type. Major tree species include white and red oak, hickory, yellow poplar, shortleaf pine, Virginia pine and Eastern white pine. The Oconee National Forest is one seventh the size of the Chattahoochee National Forest, but provides about one third of the timber cut from both forests. This is due to the combination of good growing conditions and easy access. The Oconee National Forest is predominantly a yellow pine forest.

Approximately 45 percent of the land within the boundary of the Chattahoochee National Forest is publicly owned. Typically, the publicly owned National Forest lands are on the mountains and ridgetops with private land concentrated in the developed valleys. Rabun County contains the highest percentage of National Forest land with 63 percent of its area in federal ownership. It is not uncommon to have small isolated tracts of the National Forest fully or partially surrounded by private land. Similarly, there are many small scattered private tracts surrounded by National Forest ownership. Increasing public ownership within the National Forest boundary is accomplished through land acquisition, land exchanges and land donations. Features of national significance in the Chattahoochee National Forest include the Chattooga National Wild & Scenic River, the Appalachian Trail, Plott Cove Research Natural Area, Cohutta Wilderness Area, Ellicott Rock Wilderness Area and the Southern Nantahala Wilderness Area.

The Chattahoochee National Forest provides recreational activities ranging from modern campgrounds to wilderness areas. There are 34 developed recreation areas in the Forest. These vary from roadside overlooks and picnic areas to large campgrounds offering swimming, boating, picnicking and camping. There are 600 miles of hiking trails. The beginning point and 79.5 miles of the Appalachian Trail are in the Chattahoochee National Forest. There are 13 Wildlife Management Areas. They encompass 47 percent of the land in the Chattahoochee National Forest. They are managed by the Georgia Department of Natural Resources Game & Fish Division. The environment of the Chattahoochee National Forest is threatened not only by logging but by over use of some of these recreational sites. For example, the Forest Service road to Earl's Ford (a popular fishing spot and access point for boaters) is heavily used, severely eroded and is a source of sediment laden runoff into the Chattooga River.

This case presents the clash of two visions of the appropriate use of the Chattahoochee National Forest. Mr. Edmon Nicholson has submitted an affidavit in support of the Plaintiffs' Motion for a Temporary Restraining Order and a Preliminary Injunction. He has lived in Atlanta for eight years. He spends much of his free time in the Chattahoochee National Forest. He enjoys backpacking, camping, canoeing, swimming, fly-fishing for trout, bird watching and nature study. His favorite river for fishing is the Chattooga National Wild and Scenic River. The Chattahoochee National Forest provides him with the opportunity to fish for trout in clear, cold mountain streams while enjoying the...

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3 cases
  • Sierra Club v. U.S. Forest Service, Civil Action No. 1:03-cv-1230-ODE.
    • United States
    • U.S. District Court — Northern District of Georgia
    • 22 Febrero 2008
    ...463 F.3d 1163 (11th Cir.2006), provide the controlling legal authority. Preceding decisions of this Court in Sierra Club v. Martin, 992 F.Supp. 1448 (N.D.Ga. 1998)(Thrash, J.) and 71 F.Supp.2d 1268 (N.D.Ga.1996) (Hull, J.) provide helpful factual A number of key documents are the focus of P......
  • Krichbaum v. U.S. Forest Service
    • United States
    • U.S. District Court — Western District of Virginia
    • 27 Agosto 1998
    ...of Forest Service's broad discretion to decide what data is necessary for a particular management decision); Sierra Club v. Martin, 992 F.Supp. 1448, 1461 (N.D.Ga.1998) (Forest Service only required by regulation to have data "appropriate" for decision to sell tract of timber, not to have a......
  • Sierra Club v. Martin, 98-8358
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • 18 Febrero 1999
    ...of roads and cause over one hundred tons of sediment to be discharged into surrounding streams and rivers.12 See Sierra Club v. Martin, 992 F.Supp. 1448, 1473 (N.D.Ga.1998) (Appendix A).13 Sierra Club also alleges that the Forest Service violated 16 U.S.C. § 1604(g)(3)(F) and 36 C.F.R. § 21......
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