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Legal action has been initiated against the U.S. Forest Service by MountainTrue and the Center for Biological Diversity due to undisclosed logging activities near the Nolichucky River.
In a bid to clear debris following the impact of Helene, the U.S. Forest Service has been extracting timber from 135 acres of Pisgah National Forest. This operation, categorized as emergency salvage logging, was sanctioned by the Washington office of the U.S. Forest Service. However, the lawsuit argues that the specific area logged was not included in the original authorization.
Salvage logging is a topic of debate, with differing opinions on its environmental impact. Advocates claim it reduces risks like drought and wildfire, while critics argue it can damage soil and decrease biodiversity by removing decaying logs, which are crucial for ecological balance.
The lawsuit, filed in early November, states that the timber sale lacked public disclosure and did not undergo the standard procedures for public comment and environmental assessment.
Though the plaintiffs recognize the necessity of debris clearing, the suit highlights concerns over “poorly planned, rushed and opaque projects carried out in the name of hurricane response.” This legal challenge follows previous lawsuits, including one over a railroad reconstruction project in the Nolichucky River Gorge, which has disrupted the local $17 million tourism industry.
The Pisgah National Forest is governed by the Pisgah-Nantahala National Forest Land Management Plan, finalized in 2023. The lawsuit claims that the logging breached this plan’s guidelines, which require site analysis before intervening in identified old-growth and backcountry areas. It also alleges a lack of required analysis by the Forest Service prior to logging.
Representing the plaintiffs is Sam Evans from the Southern Environmental Law Center. Evans emphasizes that the lawsuit aims to address a troubling trend within the agency. “We also wanted to send the message that when the Forest Service is trying to sneak bad stuff past the public, that we’re going to be there watching. And that if we have to haul it into court to stop it from violating the law, we will,” Evans stated in an interview with BPR.
MountainTrue and the Center for Biological Diversity have sought a temporary restraining order and a preliminary injunction to halt the logging. Although the U.S. District Court in Asheville was set to hear the case on Nov. 12, the plaintiffs discovered that logging had already paused, leading them to withdraw the emergency motion. However, they maintain the lawsuit to prepare for potential resumption without notice.
Evans fears this might signal broader unannounced logging activities. He remarked, “If you don’t even have basic notice, then there’s literally no way to know what’s happening until you start seeing the log trucks roll out of the woods.”
The Forest Service refrained from commenting due to the ongoing legal proceedings but mentioned via email that the timber sale was intended to mitigate wildfire risks after Helene had felled numerous trees in national forest lands.
