History of ELPC's work in the North Woods

The Chequamegon-Nicolet National Forest

The Chequamegon-Nicolet National Forest was recently identified as one of the "10 most endangered national forests" in the nation. It is one of the most heavily-logged national forests in the Eastern region (which stretches from Minnesota to Maine). At the cutting rate employed over the last 10 years, every single log-able acre would be cut in 45 years. The harmful impacts of such extensive logging on waterways, habitat and related natural resources and conservation goals are significant. ELPC is working through federal courts to protect this treasured resource.

In 2003, the U.S. Forest Service authorized six timber sales - including many clear cuts - to go forward based on what it acknowledged as being an "outdated" 1986 Forest Management Plan for the Chequamegon-Nicolet National Forest. In addition, the Service neglected to consider the cumulative impacts of the numerous sales, as mandated by the National Environmental Policy Act (NEPA). These timber harvests would have severe and harmful impacts on clean water and species habitat within the forest.

ELPC filed lawsuits on behalf of the Habitat Education Center - a Wisconsin-based conservation organization - challenging three of the proposed sales, the McCaslin, Northwest Howell and Cayuga Projects, in Federal District Court and won. Read the complaint (.pdf file). In 2005, the Court ruled that the Forest Service's failure to consider the cumulative impacts of the approved timber sales constituted a violation of NEPA for various independent reasons. Read the McCaslin decision (.pdf file) and Northwest Howell decision (.pdf file). Taken together, these ELPC victories and the Court-imposed injunctions against the timber harvests have blocked the logging of some 22,000 acres within our National Forest.

Unfortunately, in January 2006, the Forest Service issued Draft Supplemental Environmental Impact Statements proposing to re-approve the McCaslin and Northwest Howell Projects. More recently, the Service filed a notice of intent to prepare a similar document for the Cayuga Project, and has yet again identified the previously approved timber sale as its "preferred alternative."

Once again, these documents erroneously conclude that the sales would have no impact or will not threaten the viability of serveral species of concern. Further, they demonstrate an unacceptable "papering over" of the environmental law violations upon which the Court based its rulings. In another troubling development, the Forest Service has proposed more than 34,000 acres of additional logging through five new timber sales. These sales are particularly disturbing given that three of the proposed sites are adjacent to either the Cayuga or Northwest Howell sales.

ELPC is currently working in conjunction with its "blue ribbon" panel of scientists and regulatory specialists to challenge these misguided proposals. Comments have been filed for the McCaslin and Northwest Howell sales, on the Cayuga sale, and on two of the five new proposals.

These cases exemplify the key difference in values between natural resource protection and clear-cutting in large areas of the Chequamegon-Nicolet National Forest.

The Court's rulings should set a strong precedent for other forest cases in the region and provide helpful language in other NEPA contexts. However, based on the Forest Service's regressive response to the litigation, it is clear that much work remains to ensure that the legal decisions ultimately translate into real-world protection for our National Forests. ELPC plans to continue working to protect National Forest land and to develop a model method for the consideration of cumulative impacts and other issues under NEPA.