Federal court strikes down portions of Flathead National Forest plan

Grizzly bear in early fall - Montana FWP
Grizzly bear in early fall – Montana FWP

Oops! This one almost slipped past me this week . . .

A federal court magistrate has found that the Flathead National Forest has failed to consider the impacts of new road-building projects on grizzly bears and bull trout, saying the United States Forest Service is ignoring science in order to arrive at its approval for the project which has been contested since 2018.

Magistrate Kathleen DeSoto said that, like a previous court decision, the Flathead National Forest ignored roads that had been “decommissioned” but still exist and allow for motorized vehicle travel, which is technically illegal, but the USFS acknowledges happens. In the Forest Service’s 2009 plan, officials called for removing many of those roads, but opted to “decommission” them by blocking them, which severely curbed, but didn’t eliminate their use.

Swan View Coalition and Friends of the Wild Swan sued the Forest Service, saying that it couldn’t ignore the roads in its calculations and plans, which said that in 2009 the federal agency agreed that any new project could not add to motorized vehicle use in the forest. DeSoto found that even though those roads were decommissioned, they were still usable, and should have been considered and addressed in the plans. Doing that, the citizens’ groups argued, would then have rendered the Forest Service’s plan in violation of the Endangered Species Act.

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