Lawsuit filed against DNR

The Indiana Forest Alliance announced the organization filed a lawsuit against the Indiana Division of Natural Resources and the Division of Forestry Monday.\n"The defendants acted arbitrarily and capriciously ... (and participated in) program wide violation of the Indiana Environmental Protection Act," according to the lawsuit. The IEPA requires a detailed statement outlining the environmental impact of any action taken by governmental agencies.\nThe Department of Natural Resources defended its actions in definite terms.\n"The Forest Alliance got it wrong both with respect to the environment and the law," department spokesman Stephen Sellers said. "The Department of Natural Resources fully complies with the Indiana Environmental Protection Act."\nThere are three timber sales scheduled for Tuesday in the Monroe County area. The Bryant Creek Lake and Prather Lake timber sales are in Morgan-Monroe State Forest, and the Scarce O'Fat Ridge timber sale is in Yellowwood State Forest.\nThe Indiana Forest Alliance is asking Gov. Frank O'Bannon to postpone the sales until the conclusion of the trial and will include a specific request to the judge to enjoin the sales in the lawsuit, said Joshua Martin, co-coordinator of the Indiana Forest Alliance. Sellers said the DNR plans to continue with the sale Tuesday.\nMartin also said the IFA has been trying to get the Department of Natural Resources to comply with the IEPA for some time, but now legal channels seem the only means.\n"We plan to use the powers that living in a system of democracy gives us," Martin said.\nThe DNR cast these discussions in a different light.\n"We have spent thousands of hours of staff time talking to the Forest Alliance, trying to come to agreement on issues important to us," Sellers said. "These discussions cannot continue while they are suing the Department of Natural Resources."\nThe Department of Natural Resources performed an environmental impact survey last year that concluded timber sales and subsequent logging would have no adverse impact on Indiana forest ecology. The IFA calls this a ridiculous conclusion based on inadequate research.\n"In calling our study inadequate, the Forest Alliance is simply saying they disagree with it," Sellers said.\nThe Department of Natural Resources claims to operate under exemption from the Indiana Environmental Protection Act, said Jen Weiss, acting director of Heartwood. She cited the need to protect Short's Goldenrod, a plant found in Indiana state forests, only two known wild populations of which exist in the world.\n"Despite public outcry the state continues logging," Weiss said.\nThe Indiana Forest Alliance is a statewide organization that uses research, education, organizing and litigation to protect the Indiana's public lands. Heartwood is an umbrella group that serves as a regional forest protection network for forest protection organizations across the eastern United States.\nMick Harrison, one of the attorneys for the IFA, emphasized the historic nature of the lawsuit, the first to be filed under the IEPA against a state agency since its adoption in 1972.\n"These agencies must realize that they must comply with the law," Harrison said.\nThe lawsuit was filed in the Monroe County Circuit Court under Judge Kenneth Todd at 4 p.m. on Monday, said Circuit Clerk Pat Haley. The complaint will be sent to the defendants, and they will have 22 days to issue a formal response. After the response is received or the time period passes, the Indiana Forest Alliance can request a judgement from the court. \nSellers said the DNR is currently constricted by its budget as to what it can successfully manage.\n"Over the next two years, we will have even smaller budgets than we have today," he said. "We are interested in ideas from people to help keep trails and public areas open."\nThe DNR has set up an e-mail account to which these ideas should be sent, goodideas@dnr.state.in.us. Sellers also said volunteer work with the Department of Natural Resources might be a path to preserving some of Indiana's public areas.\nAccording to a memorandum sent by the Indiana Forest Alliance to the Governor's office earlier this year, however, budget concerns are beside the point.\n"State forest logging provides little, if any, benefit to the timber industry in Indiana yet holds vast potential for the provision of non-commercial benefits," the memorandum reads.\nMartin said if the governor and the judge both fail to stop the sale Tuesday, there will be a small rally at the Morgan-Monroe State Forest office, where the sale is being held.