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Zieski v. Butz

ELR Citation: 6 ELR 20129
Nos. No. J75-2, 406 F. Supp. 258/9 ERC 1061/(D. Alaska, 12/29/1975)

In an action involving logging in national forests around Calder Bay, Alaska, the court enjoins the cutting of all trees which are not large, physiologically matured, or dead, and individually marked. Adhering to the Fourth Circuit's decision in West Virginia Division of the Izaak Walton League v. Butz, 5 ELR 20572, which held that the National Forest Organic Act forbids clearcutting in national forests, the court finds that although the injunction will have severe economic consequences for some of the defendants, violation of the statute cannot be condoned. The Organic Act claims are properly before the court: plaintiffs diligently pursued their administrative remedies; and this suit is not barred by laches. Defendants are, however, entitled to summary judgment on plaintiffs' additional claims alleging violations of NEPA, the Multiple-Use Sustained Yield Act, the FWPCA and the Refuse Act.

Counsel for Plaintiffs
Richard C. Folta
P.O. Box 37
Haines, AK 99827
(907) 766-2555

Counsel for Defendants
G. Kent Edwards, U.S. Attorney
P.O. Box 680
Anchorage, AK 99510
(907) 277-1491

L. Mark Wine
Lands and Natural Resources Division
Department of Justice
Washington, DC 20530
(202) 739-2705

William G. Royce
Jernberg & Taylor
111 Stedman Street
P.O. Box 1769
Ketchikan, AK 99901
(907) 225-2147

G. Keith Grim
Robert R. Davies
Lane, Powell, Moss & Miller
1700 Washington Bldg.
1325 Fourth Ave.
Seattle, WA 98101
(206) 624-1700

Peter R. Ellis
4 Creek Street
Ketchikan, AK 99901
(907) 225-6174