WHITNEY ROYSTER Star-Tribune environmental reporter | Posted: Friday, September 30, 2005 12:00 am
JACKSON - Looking for a new trailhead sign at your favorite Forest Service spot? How about a new roof on an outhouse at your favorite campground?
These and other projects, authorized by the agency through "categorical exclusions" and not subject to exhaustive environmental review, have been halted nationwide because of a California lawsuit saying more public comment is needed.
While categorical exclusions are meant for projects that have no environmental impact on national lands, some larger projects might have slipped through, paving the way for the nationwide halt. Recently in the LaBarge area, the Wyoming Wildlife Federation appealed and succeeded in blocking a Forest Service decision to allow seismic testing in a popular hunting area. The decision was made through a categorical exclusion.
Still, the nationwide halt has officials scratching their heads.
"We are still trying to evaluate what this exactly means, but we're complying," Forest Service spokeswoman Heidi Valetkevitch said from Washington, D.C.
On July 2, a federal judge in California ruled that decisions made using categorical exclusions cut the public out of the process, and the public should be able to comment and appeal these decisions. Projects authorized using exclusions after July 7 have to be halted until public review can be implemented.
The judge clarified his ruling Sept. 16, and forests around the nation and Wyoming were notified this week.
On the Bridger-Teton National Forest, spokeswoman Mary Cernicek said the ruling affects eight decisions. Three are fuels reduction burns on the Greys River District, and one is a tree-thinning project on the Buffalo District for defensible space.
Another is an exploratory well permit, and another is a service building authorization renewal permit for a Sublette County fire department.
Two others are non-recreation special use permits, renewing 28 total permits on the Jackson and Greys River districts. Those included water lines to nearby residences and roadway uses.
Cernicek said the Bridger-Teton is planning to establish public comment periods for each project.
On the Bighorn National Forest, no projects have been authorized since July 7 by categorical exclusions. Officials from the Medicine Bow National Forest said they were not yet authorized to speak about any projects that have been halted because of the California ruling.
Valetkevitch said the Department of Justice is reviewing the case for the Forest Service. The agency has until Oct. 5 to appeal the decision.
Environmental reporter Whitney Royster can be reached at (307) 734-0260 or at royster@tribcsp.com.