Judge Stays Order Closing Idaho Forests Appellate Court Will Review Decision To Halt Mining, Logging In Six Forests

A federal judge in Hawaii late Friday stayed his order halting mining, logging and grazing in six Idaho national forests so it can be reviewed by an appellate court.

The decision by U.S. District Judge David Ezra headed off the immediate layoff of thousands of Idaho workers and the economic devastation of small rural communities throughout the state.

For Coeur d’Alene-based Hecla Mining Co., the injunction threatened 185 jobs at its prize Grouse Creek gold mine in the Challis National Forest.

The Forest Service Thursday sent out certified letters to 31 mining projects and three timber harvests in both the Challis and Salmon forests, said Jim James, a Forest Service spokesman in Challis. The letters required all activity to stop on Monday.

But the stay is in effect until 12:01 a.m. Jan. 28 while the 9th U.S. Circuit Court of Appeals in San Francisco considers appeals by resource industries and the Justice Department.

Hecla had its lawyers appeal to allow the mine to continue operating because it meets all Forest Service environmental requirements, said April Boughton, Hecla spokeswoman. The mine doesn’t harm salmon habitat, she said.

Ezra, who is handling the case for ailing U.S. District Judge Harold Ryan of Idaho, stayed his order after a conference telephone call with the parties involved.

Idaho Gov. Phil Batt said he would work through the next week with members of the state’s congressional delegation to assure that the order is never reimposed.

The judge originally ordered resource activity halted in the forests on Jan. 9 after determining that the Forest Service failed to consult with the National Marine Fisheries Service on salmon recovery efforts in developing its long-range forest management plans for Idaho.

Ezra’s latest ruling appeared to end, at least for now, several days of tumult in Custer and Lemhi counties, which will be hit hard economically if the judge’s original order is ultimately enforced. One estimate put the job loss in Challis at 35 percent.

Local officials remained concerned about the prospect of violence in rural communities, like Challis, where tens of millions of dollars could be wrenched from the local economies.

“Sometimes we need to stand up and fight when we know something is wrong,” said Carmelita Trowbridge. “A lot of people are worried about losing their homes.”

Republican Larry Craig, Idaho’s senior senator and new chairman of the Agriculture Committee’s forestry subcommittee, met with officials from all the involved federal agencies over the final days of the week. He National Marine Fisheries Service Director Rollie Schmitten can reach an agreement that will likely satisfy Ezra’s objections by Jan. 31.

Even the environmental community was split over the court order. Craig Gehrke of The Wilderness Society acknowledged the order was somewhat extreme but necessary to assure salmon habitat remains viable while Wendy Wilson of Save Our Wild Salmon contended the Columbia and lower Snake River dams are to blame for the salmon’s demise and Ezra’s order only draws attention away from them.

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