Sierra Club v. Martin
| Decision Date | 17 September 1996 |
| Docket Number | No. Civ.A.196CV926FMH.,Civ.A.196CV926FMH. |
| Parties | SIERRA CLUB; The Wilderness Society; Georgia Forestwatch, Inc.; The Amurchee Alliance; The Rabun County Coalition to Save the Forest, Inc.; and Friends of Georgia, Inc., Plaintiffs, v. George MARTIN, in his official capacity as Forest Supervisor of the Chattahoochee and Oconee National Forest; Robert C. Joslin, Regional Forester of the United States Forest Service for Regional Eight; and United States Forest Service, Defendants, v. Bert Thomas; Cook Brothers Lumber Co., Inc.; Parton Lumber Co., Inc.; and Thrift Brothers Lumber Co., Inc., Intervenors. |
| Court | U.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 Plaintiffs.
James Randolph Schulz, Office of U.S. Atty., Northern District of Georgia, Atlanta, GA, Lois J. Schiffer, phv-USDOJ, U.S. Department of Justice, Environment & Natural Resources Division, Environmental Enforcement Section, Washington, DC, Kelly E. Mofield, phv-DOJ, Stephen R. Herm, phv-USDOJ, U.S. Department of Justice, Environment & Natural Resources Division, Environmental Defense Section, Washington, DC, Lisa A. Holden, phv-DOJ, U.S. Department of Justice, Environment & Natural Resources Division, General Litigation Section Washington, DC, for Defendants.
This matter is before the Court on the Plaintiffs' Motion for a Preliminary Injunction [3-1, 3-2] seeking to enjoin the timber cutting of 2,103 acres in the Chattahoochee and Oconee National Forests in Georgia. After reviewing the record in its entirety and hearing oral arguments of counsel for the parties, the Court hereby GRANTS Plaintiffs' Motion for a Preliminary Injunction [3-2] and finds as follows.
I. FINDINGS OF FACT
The Defendant United States Forest Service ("Forest Service") has authorized seven timber projects which allow private parties to purchase and cut timber in the Chattahoochee and Oconee National Forests in Georgia (the "National Forests" or "Forests"). These timber sales allow timber cutting, logging, clearcutting, road building, and related activities for seven timber sale areas in the Chattahoochee and Oconee National Forests (the "timber sale areas").
Defendant George Martin is the Forest Supervisor of the Chattahoochee and Oconee National Forests. Defendant Robert C. Joslin is the Regional Forester of the United States Forest Service for Region Eight. These Defendants are the two officials of the Defendant Forest Service who performed or are responsible for the agency actions Plaintiffs challenge in this case.
The Plaintiffs are environmental membership organizations with members who are adversely affected by the Defendants' actions. Plaintiffs' members lead numerous recreational trips into the Chattahoochee and Oconee National Forests each year.
4.
On April 17, 1996, Plaintiffs filed their Complaint and Motion for Temporary Restraining Order and Preliminary Injunction.
5.
On April 19, 1996, the Plaintiffs and Defendants, by consent, stipulated to a twenty-day temporary cessation of all tree cutting, logging, and roadmaking for the eight timber sales in the seven project areas in the National Forests. In lieu of the Court's granting a Temporary Restraining Order, the Plaintiffs and Defendants consented to this twenty-day temporary cessation of activities, and the Court scheduled a hearing for May 1, 1996 on Plaintiffs' Motion for a Preliminary Injunction.
6.
On May 1, 1996, the Court reviewed the evidence with the parties and heard oral argument on Plaintiffs' Motion for a Preliminary Injunction. On May 8, 1996, this Court entered an Order granting Plaintiffs' Motion for Preliminary Injunction based on Defendants' violations of the Migratory Bird Treaty Act. In that Order, the Court enjoined the timber cutting in the seven timber project areas in issue during the nesting season of the migratory birds. At that time, Plaintiffs also requested an injunction beyond September 15, 1996 based on Defendants' alleged violations of the Clean Water Act and the National Forest Management Act. In the May 8, 1996 Order, the Court did not reach those issues, but requested further briefing and oral argument.
7.
On June 17, 1996, the Court granted Motions to Intervene filed by timber contractors Bert Thomas, Cook Brothers Lumber Co., Inc., Parton Lumber Co., Inc., and Thrift Brothers Lumber Co., Inc. (the "Timber Contractors"), who had entered into the timber sale contracts with the Defendants.
8.
On July 11, 1996, the Court heard additional oral argument regarding whether Defendants' approving these timber sale contracts violates the Clean Water Act, the National Forest Management Act, and the National Environmental Policy Act. This Order addresses these remaining issues.
9.
The Defendant Forest Service's seven timber sale projects involve approximately 2,103 acres of forest to be harvested, including logging by clearcutting.1 The timber projects in the National Forests involve "below-cost" timber sales, in which timber in the National Forests is sold for prices that do not cover the costs to the Forest Service, including the cost of making the sale and reforestation afterwards.
10.
Although contracts on four projects have been awarded, timber harvesting and road building activity have begun on only three of these seven timber projects.
11.
Applicant Bert Thomas ("Thomas") purchased two timber contracts awarded by the Defendant Forest Service, namely the Big Net Timber Project and the Upper Swallows Timber Project. Mr. Thomas had started harvesting timber on both projects when operations were suspended voluntarily on April 19, 1996 and later enjoined on May 8, 1996.
12.
The third project, Compartment 05 Timber Project, was divided into two contracts. Applicant Cook Brothers Lumber Co., Inc. ("Cook Brothers") purchased the Hanging Rock 2, Compartment 05 Timber Project from the Defendant Forest Service. Cook Brothers had commenced harvesting when operations were suspended voluntarily on April 19, 1996 and later enjoined on May 8, 1996. Road building, but no timber harvesting, has begun on the second contract in the third timber project. Applicant Parton Lumber Co., Inc. ("Parton") purchased the Hanging Rock 1, Compartment 05 Timber Sale from the Defendant Forest Service. Parton had commenced road construction on the project before operations were suspended voluntarily on April 19, 1996 and later enjoined on May 8, 1996.
13.
A fourth timber project has been sold, but has not yet been implemented. Applicant Thrift Brothers Lumber Co., Inc. ("Thrift Brothers") purchased the Compartment 59 Timber Sale from the Defendant Forest Service. Thrift Brothers had not commenced operations at the time the Court entered its May 8, 1996 Order.
14.
Three remaining timber projects, South Corn Ridge, Dunaway Gap, and Tibbs Trail, have been approved by the Defendant Forest Service, but have not yet been offered for sale by Defendants.
15.
The logging and road building at issue include cutting of hemlock-cove hardwoods and stands with advanced age, over ninety years, that are increasingly rare in the highly modified landscapes in North Georgia.
16.
The timber projects involve the discharge of 275.2 tons of sediment into rivers and streams in the National Forests. This discharge results from the harvesting of the timber and does not include the discharge from the roads built during the projects.
17.
The seven timber projects involve building 18 miles of road in wilderness areas of the National Forests. Some roads are permanent and others are temporary. An additional 155.1 tons of sediment will be discharged to the river and streams from the roads alone.
18.
The Chattahoochee National Forest sits on 741,400 acres at the southernmost reaches of the Appalachian Mountains. Visitors from throughout the Southeast come to enjoy outdoor activities in the Forest, which encapsulates a significant portion of the North Georgia Mountains. The Chattahoochee National Forest contains 19,000 acres of lakes and 1,500 miles of perennial streams used by trout. Water yield averages about 2,160,000 acre-feet per year, or 2.9 feet per acre of land. While the Forest attracts a number of urban dwellers, it is also valued for its timber resource. Hardwood and softwood timber is logged to mills in the area.
19.
The Oconee National Forest is 104,420 acres located in the rolling terrain of the Georgia Piedmont. Only a few decades ago, these lands were eroding and abandoned cottonfields. Today the land has been returned to productive use. However, soil restoration projects still are implemented to eliminate gullies and similar problems that remain from the past. The Forest contains about 34,000 acres of lakes and 240 miles of perennial streams, used by large-mouthed bass and bream. Water yield averages 115,000 acre-feet per year, or 1.2 feet per acre of land. The Oconee is well know for its deer hunting, and Lake Oconee has become a popular recreational attraction. Timber also plays a major role in the Oconee. While the Oconee is one-seventh the size of the Chattahoochee, the Oconee supplies one-third of the timber harvested annually in both Forests.
20.
The National Forest Management Act ("NFMA") requires the Defendant Forest Service to develop and maintain a forest management plan for each unit of the National Forest System. 16 U.S.C. § 1604(a). The forest management plan must develop objectives for the forest unit consistent with the mandate of the Multiple-Use Sustained Yield Act of 1960, 16 U.S.C. §§ 528-531. Under the NFMA and the regulations promulgated thereunder, the forest management plan...
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