Forest Service Wins Cove-Mallard Suit Logging Can Begin In The Noble, Jack Creek Timber Sales
A federal magistrate ruled in favor of the Forest Service in an Idaho Sporting Congress lawsuit alleging illegal logging activity in the Cove-Mallard area of the Nez Perce National Forest.
U.S. Magistrate Larry Boyle said the Sporting Congress “has not directed the court to any evidence of record to support its claim, and thus the court concludes that plaintiff has not met its … burden of presenting genuine issues of material fact regarding the elements of its claim.”
The Sporting Congress, in its third lawsuit trying to stop the Cove-Mallard project, alleged that the Forest Service has ignored federal environmental laws in opening the area to development.
The Forest Service has been upheld in all the previous actions, including a June 1996 decision by the 9th U.S. Circuit Court of Appeals.
Boyle’s ruling late last week opens the way for logging to begin in the Noble and Jack Creek timber sales of the Cove-Mallard. Both of those sales are a few miles northeast of Dixie, about 85 air miles from Grangeville.
It also may open the doors to continued activism protesting the Cove-Mallard logging.
“I think that these sales are violating the law and they need to stop,” said Greg Mullen of the Cove-Mallard Coalition in Moscow.
While no definite plans have been made by activists about how to respond to the Cove-Mallard situation this year, “I would anticipate that we’ll see activity similar to what we’ve seen over the last several years,” he said.
Ihor Mereszczak, staff officer for the Nez Perce National Forest, said activists in the past have “committed terrorist activities, sabotage, spiked trees and made threats,” endangering themselves and others.
“Out biggest fear is that that’s going to happen again because somebody didn’t get their way,” Mereszczak said. “They want what they want and they don’t care who it hurts.”
The Cove-Mallard area covers 77,484 acres on the Red River Ranger District of the Nez Perce forest. It has been considered for wilderness designation several times in the past, but rejected.