Environmental advocates say project could affect grizzly, bull trout habitat

MONTANA – Two Western Montana conservation organizations announced this week they intend to file a lawsuit against the U.S. Forest Service alleging that a recently approved timber project in the Flathead violates the Endangered Species Act.

Swan View Coalition and Friends of the Wild Swan filed their notice of intent to sue on Tuesday over a 130,000 acre logging project set along the western edge of Hungry Horse Reservoir.

The project, the groups say, is “the latest in an eight-year-long series of ESA violations by the agency concerning road management within the Flathead National Forest’s habitat for grizzly bears and bull trout, both of which are listed as threatened species under the ESA.”

They say that the Forest Service failed to consult with the U.S. Fish and Wildlife Service, and approved 4.7 miles of new road construction without determining its impact on the imperiled species.

In addition, the groups are challenging the use of an emergency action determination to approve the project, which allows federal agencies to expedite a review with the goal of reducing wildfire risk.

The Forest Service authorized the project in early March, Flathead National Forest Supervisor Anthony Botello signing off on the emergency declaration.

In his cover letter for the project’s approval, Botello outlined the project specifics, including commercial timber harvest on about 2,000 acres and noncommercial vegetation treatments, including prescribed fire, on about 5,700 acres.

“About 7,380 acres of the project area are in the wildland-urban interface (WUI) established by the Flathead County Community Wildfire Protection Plan (2021),” Costello wrote. “This project would reduce wildland fire risk to communities, reduce hazardous fuels to lower the risk of wildfire and help make wildfire response safer and more effective, and improve the diversity and resilience of terrestrial ecosystems and vegetation.”

But the two environmental groups decried the use of an emergency declaration to sidestep a full review process — it states that “consultation with the USFWS can occur informally” — and said the additional road building was more problematic than the government’s environmental assessment indicates.

“The entire timber sale area already has too many roads, and the Forest Service admits this is harming grizzly bears,” Swan View Coalition Chair Keith Hammer said in a statement. “Yet the agency is attempting to fake an emergency and build even more damaging roads rather than consult with the Fish and Wildlife Service on how to fix the problem.”

In the Forest Service’s environmental assessment, notes that there would be “little effect on hiding cover,” for grizzlies and that project activities would not occur during denning periods. But it later states that the project “may affect, likely to adversely affect” both grizzlies and bull trout.

The federal government in previous lawsuits has been found to have inadequately assessed the impacts of road building on grizzly bears in the Flathead National Forest Plan, which the groups say applies to the current timber project.

“It is outrageous that the Flathead is forging ahead with a project that will impact grizzly bears and bull trout without proper compliance with the court’s order on the Forest Plan while also attempting to sidestep consultation with the Fish and Wildlife Service on West Reservoir,” Arlene Montgomery, program director for Friends of the Wild Swan, said. “This is not an emergency; it is a regular timber sale plain and simple – they must follow the law.”

The notice of intent to sue states that because the Forest Service “identifies no unexpected exigency” to justify its emergency declaration, there is “no reason” to avoid full consultation with the Fish and Wildlife Service in accordance with the Endangered Species Act.

The notice letter starts a 60-day window for the federal government to correct the issues raised before legal action is filed. The groups are represented in their lawsuit by Earthjustice.

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