Federal judge sets aside Shawnee National Forest logging decision
A federal judge has set aside a U.S. Forest Service decision approving commercial logging on nearly 70 acres of the Shawnee National Forest in southern Illinois, citing violations of the Endangered Species Act.
Judge Nancy J. Rosenstengel of the U.S. District Court for the Southern District of Illinois granted summary judgment to Friends of Bell Smith Springs and the Regional Association of Concerned Environmentalists (RACE) in a lawsuit challenging the McCormick logging project in Pope County.
The project is located near the Bell Smith Springs National Natural Landmark and adjacent to Hunting Branch, a high-quality stream that flows into Bell Smith Springs Canyon. Environmental groups argued that logging on steep, highly erodible soils could increase erosion and affect water quality.
The Forest Service also determined that endangered Indiana bats had used the project area and could be adversely affected. Under the Endangered Species Act, the agency was required to consult with the U.S. Fish and Wildlife Service before taking final action. The Forest Service issued its decision approving the project six weeks before the Fish and Wildlife Service issued its biological opinion.
“The (Endangered Species Act) requires agencies to complete their consultation obligations before taking final agency action,” Rosenstengel wrote. “Because the Forest Service did not do so, it violated the ESA.”
The ruling vacates the Forest Service's decision memo, halting the project as approved. Approximately 40 acres of the site had already been logged, according to the plaintiffs.
