A federal judge ruled Friday that the Shawnee National Forest will not be subject to commercial use until a new management plan is written, a decision environmental groups call a victory and Forestry officials say is fair.
February 19, 1996
J. Phil Gilbert, federal judge for the U.S. Southern District of Illinois, ruled Friday that the U.S. Forestry Service has been negligent in its management of the Shawnee National Forest. The decision halts all current actions having any environmental impact on the forest and places any proposed actions under tight scrutiny by local environmental groups.
Until the Forest Service has a chance to rework their management plan, certain activities will be illegal and enforced by the appropriate authorities, Gilbert said.
Gilbert ruled that commercial logging, all-terrain vehicle usage and gas and oil lease development would no longer be legal until the Forest Service rewrites or amends its current plan for forest management over the next three years.
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Bringing a close to this dispute would take the wisdom of King Solomon, Gilbert said. Unfortunately, I am not King Solomon. Therefore, I make this decision in the best interest of the people.
The decision ends five months of negotiations between U.S. Forest Service lawyers and environmental groups regarding various aspects of Shawnee National Forest management.
A lawsuit filed in 1992 by the Sierra Club and the Regional Association of Concerned Citizens (RACE), environmental groups claimed the Forest Service was shortsighted in its management of plants and wildlife.
In September, Judge Gilbert ruled Sierra/RACE claims were valid and directed both environmental groups and the Forest Service to negotiate terms that would address any management shortcomings. After both sides failed to come to an agreement, Gilbert stepped in to settle questions of forest management for the next two to three years.
Ed Cook, co-chair of the Sierra Club’s Shawnee Defense team, said addressing governmental control of the forest was the main issue, and questions regarding use of the forest can now be looked at by all sides.
The main question we have always wanted to get settled is that Shawnee be protected, he said. We believe letting the Forestry Service proceed unchecked in its management of the forest would result in irreparable harm to certain habitats in the forest.
Mark Donham, RACE president, said he agrees with Cook because all groups have special interests in the case, but he said the best course of action has been reached.
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Judge Gilbert’s decision is a comfortable victory, he said. This gives us room to check on habitat management for the forest and its endangered or threatened species.
Jim Hipkiff, a lawyer with the U.S. States Attorney’s office, argued that intervention into the forest management by the environmental groups was unnecessary. He said such intervention would complicate the Forest Service’s revision of the management plan.
The government believes that there is no irreparable harm being done in the current management of the forest, he said. If there was any harm, it is balanced by the benefit of what the Forestry Service is trying to do.
The claims of irreparable harm actions on the forest which may result in negative effects on plants and wildlife were the focus of environmental concerns, Donham said.
We are talking about the Forest Service doing things that have impacts on many different things, he said. Now we are in a position to not hinder but help both the forestry and the plant and wildlife in Shawnee.
Louise Odegaard, Shawnee forest supervisor, said she agreed with the court’s decision, yet she emphasized the inability of the Forest Service to please all parties involved.
The judge issued a fair, balanced decision, she said. Some of the problems we are experiencing are staff and funding shortages. This hinder’s our management. The forest is used by many people, it is hard with a limited staff to keep resource damage from occurring.
Odegaard said amending the forest plan can now be a priority, but visitors to Shawnee will see little changes in their usage of the area.
We are going to sit down and see where we can direct our actions, she said. Keeping the forest healthy and its sensitive areas safe has always been our main priorities, but we still want people to be able to come and enjoy its resources.
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