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Local group sues over Gallatin National Forest winter plan
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efault font sizeLarger font sizePosted: Wednesday, April 28, 2010 12:15 am
By DANIEL PERSON, Chronicle Staff Writer | 14 comments
A local group has sued the Gallatin National Forest over snowmobiling restrictions in the Gallatin Mountains.
Citizens for Balanced Use claims in its lawsuit that the U.S. Forest Service overreached its authority with an interim winter-use plan released last November for the Hyalite-Porcupine-Buffalo Horn Wilderness Study Area.
Forest Service officials have estimated that the interim plan cut snowmobile access in the WSA by 75 percent.
The WSA was created in 1977 by Congress, which directed the forest service to preserve the area's "wilderness character" while policymakers decided if the 155,000-acre area should be designated wilderness. However, 33 years later, no decision has been made by Congress.
The winter-use plan followed U.S. District Judge Donald Molloy's ruling last fall that the government had allowed too much motorized use in the Hyalite-Porcupine-Buffalo Horn under the forest-wide travel plan.
That ruling also prompted the forest to reduce the number of trails open for mountain biking and motorcycling this summer. The summer plan is not addressed in CBU's lawsuit.
In its lawsuit, CBU contends the interim winter plan reduces snowmobile use below what was allowed in 1977, and thus runs afoul of the Montana Wilderness Study Act that created the WSA.
"The MWSA prohibits the Forest Service from attempting to enhance or create wilderness character in the HPBH Wilderness Study Area," the lawsuit states.
CBU is asking a judge to toss the temporary plan.
But defenders of the interim plan contend that while the Forest Service is putting tighter regulations on snowmobiles now than it did in 1977, the interim plan was designed to keep snowmobiles in the area where they were most often found when the WSA was created.
The Gallatin National Forest is appealing Molloy's ruling, spokeswoman Marna Daley said, and the interim plan was drawn up to comply with the decision in the meantime.
When determining where snowmobiles would be allowed, the Forest Service "looked at areas that were enforceable, easily identified on the ground and areas where use in 1977 was occurring. That really narrowed it down to a small section of the WSA," Daley said.
A member of the Greater Yellowstone Coalition, one of the groups that sued the Forest Service for allowing too much snowmobiling in the area, stood up for interim plan.
"We see that as what the use was in 1977," said Hannah Stauts. "This interim decision does a great job in upholding the law the Forest Service is required to adhere to in protecting this area."
Daniel Person can be reached at dperson@dailychronicle.com or 582-2665
StoryComments (14)Share This
ShareSend this page to your friendsPrintCreate a hardcopy of this pageFont Size
efault font sizeLarger font sizePosted: Wednesday, April 28, 2010 12:15 am By DANIEL PERSON, Chronicle Staff Writer | 14 comments
A local group has sued the Gallatin National Forest over snowmobiling restrictions in the Gallatin Mountains.
Citizens for Balanced Use claims in its lawsuit that the U.S. Forest Service overreached its authority with an interim winter-use plan released last November for the Hyalite-Porcupine-Buffalo Horn Wilderness Study Area.
Forest Service officials have estimated that the interim plan cut snowmobile access in the WSA by 75 percent.
The WSA was created in 1977 by Congress, which directed the forest service to preserve the area's "wilderness character" while policymakers decided if the 155,000-acre area should be designated wilderness. However, 33 years later, no decision has been made by Congress.
The winter-use plan followed U.S. District Judge Donald Molloy's ruling last fall that the government had allowed too much motorized use in the Hyalite-Porcupine-Buffalo Horn under the forest-wide travel plan.
That ruling also prompted the forest to reduce the number of trails open for mountain biking and motorcycling this summer. The summer plan is not addressed in CBU's lawsuit.
In its lawsuit, CBU contends the interim winter plan reduces snowmobile use below what was allowed in 1977, and thus runs afoul of the Montana Wilderness Study Act that created the WSA.
"The MWSA prohibits the Forest Service from attempting to enhance or create wilderness character in the HPBH Wilderness Study Area," the lawsuit states.
CBU is asking a judge to toss the temporary plan.
But defenders of the interim plan contend that while the Forest Service is putting tighter regulations on snowmobiles now than it did in 1977, the interim plan was designed to keep snowmobiles in the area where they were most often found when the WSA was created.
The Gallatin National Forest is appealing Molloy's ruling, spokeswoman Marna Daley said, and the interim plan was drawn up to comply with the decision in the meantime.
When determining where snowmobiles would be allowed, the Forest Service "looked at areas that were enforceable, easily identified on the ground and areas where use in 1977 was occurring. That really narrowed it down to a small section of the WSA," Daley said.
A member of the Greater Yellowstone Coalition, one of the groups that sued the Forest Service for allowing too much snowmobiling in the area, stood up for interim plan.
"We see that as what the use was in 1977," said Hannah Stauts. "This interim decision does a great job in upholding the law the Forest Service is required to adhere to in protecting this area."
Daniel Person can be reached at dperson@dailychronicle.com or 582-2665
