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MountainTrue and the Center for Biological Diversity are suing the U.S. Forest Service because of unannounced logging near the Nolichucky River.
The U.S. Forest Service has been harvesting and selling timber from 135 acres of the Pisgah National Forest near the Nolichucky River as part of post-Helene debris removal. In the wake of Helene, the Pisgah National Forest was authorized by the U.S. Forest Service’s Washington office to conduct emergency salvage logging, which is a form of post-disaster debris removal that involves hauling downed trees out of the forest. However, according to the suit, this specific acreage was not specified within that authorization.
Salvage logging is sometimes controversial, with experts disagreeing over the practice’s ecological benefits. Though some argue it mitigates the additional climate risk of drought and wildfire, other scientists believe it can compact soil and reduce the number decaying logs that are important to biodiversity, shade, and climate resilience. Critics of salvage logging say the practice also may leave the most flammable, smaller vegetation behind.
According to the lawsuit, which was filed in early November, selling the timber wasn’t announced publicly, nor did it go through the usual public comment and environmental review process.
Though the plaintiffs understand the importance of debris removal, the lawsuit says, “they have also seen the extraordinary harm caused by poorly planned, rushed and opaque projects carried out in the name of hurricane response.” This lawsuit follows other, similar filings, such as one that targeted a railroad restoration project in the Nolichucky River Gorge that has led to extended interruptions to the $17 million tourism economy the river supports.
The Pisgah National Forest is also governed by the Pisgah-Nantahala National Forest Land Management Plan which was completed in 2023. The lawsuit states that the logging violated the plan’s requirements to do site analysis before cutting into identified old-growth networks and backcountry areas. It also alleges that the Forest Service did not do its own required analysis before logging began.
Sam Evans, an attorney with the Southern Environmental Law Center, is representing the plaintiffs. Evans said this lawsuit is about more than just stopping the project. It’s about stopping what he sees as a worrying pattern for the agency.
“We also wanted to send the message that when the Forest Service is trying to sneak bad stuff past the public, that we're going to be there watching. And that if we have to haul it into court to stop it from violating the law, we will,” Evans said in an interview with BPR.
MountainTrue and the Center for Biological Diversity filed a motion for a temporary restraining order and a preliminary injunction, asking the U.S. District Court in Asheville to force a pause on the logging project. The court heard the case on Nov. 12. However, according to Evans, the plaintiffs found out just beforehand that logging had paused after they sent people into the field to check. The plaintiffs withdrew the emergency motion, but are worried that logging could re-start with little or no notice, so they are keeping the lawsuit active in case another emergency motion is needed.
Evans is also concerned that this could be the tip of the iceberg in terms of unannounced logging projects. According to Evans, the Forest Service may have paused logging in the area, but it is unclear when or if it will resume.
“If you don't even have basic notice, then there's literally no way to know what's happening until you start seeing the log trucks roll out of the woods,” Evans said.
The Forest Service declined to comment on the ongoing litigation, but said in an email the timber sale was an attempt to combat wildfire risk after Helene downed millions of trees in the region’s national forest lands.
