Forest Service: national court rulings halt some treatments; Alpine projects must be reanalyzed
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Summary
A USDA Forest Service representative told Alpine County supervisors that a nationwide court ruling limited use of a 'wildlife habitat improvement' categorical exclusion, forcing reanalysis of some Monitor Pass and West Carson treatments while about 80–86 acres already treated will move forward.
The USDA Forest Service updated the Alpine County Board of Supervisors Feb. 17 on fuels-reduction work and how a recent court ruling has affected planning across the country.
A Forest Service representative identified as Matt said work authorized under a "wildlife habitat improvement" categorical exclusion has been litigated in other parts of the country and that an injunction has effectively suspended use of that category nationwide. "So, currently, we're not able to implement in those areas," he told the board, adding that staff would have to reexamine NEPA and either select another category or prepare environmental assessments (EAs) where necessary.
Matt said some treatments can continue: "the acres that we just treated in Master Jarvis, about 80 86 acres have been completed. We're looking at burning those this winter under existing need by the [EA] that doesn't have an injunction or hasn't been litigated." He described the extra planning workload as "a little bit of a pain in the **** on the planning side."
Board members asked who litigated the matter; Matt said the litigation originated in Oregon and affected categorical exclusions nationally. He identified the specific categorical exclusion at issue as the wildlife/habitat-improvement category, previously used to treat larger acreages in remote areas.
County staff and board members thanked Forest Service staff for providing support letters for local conservation projects and for coordination on trails and the golf-course review. The Forest Service said it will pursue alternatives, including running checklists under an EA or using other categories if the EA path is blocked by litigation.
Next steps: Forest Service staff will pursue the appropriate NEPA path for each project area; county staff will continue local coordination and monitor litigation developments.