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Broadwater County pledges $5,000 request to support amicus brief in Wood Duck timber lawsuit
Summary
Following presentations from the Big Elk Divide Restoration Committee and DNRC staff, commissioners voted to request $5,000 from MACO’s local-government assistance funds to support a Bedrock amicus brief opposing a lawsuit that would halt the Wood Duck timber project.
Joe Cohenour, co-chair of the citizen Big Elk Divide Restoration Committee, and Carol Hatfield, the Department of Natural Resources and Conservation local government forest advisor, briefed the Broadwater County Board of Commissioners on the Wood Duck timber project and an associated lawsuit seeking to halt or delay the work.
The project area—partly affected by a recent fire—includes Good Neighbor Authority work and a planned Diamond City sale. Cohenour said the U.S. Forest Service’s work aims to remove beetle-prone and other salvageable timber to reduce insect spread into adjacent green stands.
The presenters asked the county to send a letter to MACO (Montana Association of Counties) asking that MACO release local-government-assistance funds to reimburse the county for up to $5,000 to support an amicus brief prepared on behalf of local interests. Carol Hatfield explained that the county would write to MACO chair Greg Chilcott; funds would be provided via agreement and reimbursed after expenditure.
Commission action: A commissioner moved and another seconded a motion to request MACO support in the amount of $5,000 for legal assistance to prepare an amicus brief; the board approved the motion by voice vote.
Why it matters: The county is not joining the litigation as a party; the requested funding would support an amicus brief to give local project proponents a formal filing in federal court. Presenters estimated outside law-firm costs at roughly $3,000–$5,000 depending on whether the firm does cut-and-paste filing work or prepares original research and writing.
Next steps: The county will draft and send a letter to MACO’s chair requesting up to $5,000 from the local-government-assistance program and will coordinate reimbursement and agreement terms with DNRC and other partners. The county’s legal counsel must clear the step to ensure no inadvertent status as a party to the lawsuit.
