Montanans for Multiple Use loses suit against Forest Service

A federal court in Washington, D.C. has struck down all the claims brought by Montanans for Multiple Use and other multiple use groups that claimed the Flathead National Forest was closing roads and revising its forest plan in an illegal manner.MFMU filed the complaint in June of 2003, claiming the Flathead wasn't following several federal laws when it amended its forest plan some 23 times in more than 15 years.The multiple use group claimed that the amendments amounted to a "de facto" rewrite of the forest plan.The court disagreed on several different fronts, the most damning being that MFMU and other groups simply didn't follow administrative procedures when they brought their claim. For example, if an amendment to a forest plan is brought forth, a group that opposes it must go through an administrative appeal process ?by writing letters of protest, etc. ?before it can file suit.The court found the groups simply didn't do that ?they just decided to sue the federal government. In their defense, they claimed they didn't know what the amendments meant until they were already in place ?but the court didn't buy that argument. In fact, the court likened it to the parable of the frog in a pot of boiling water. The frog, as the story goes, is placed in a pot of cold water. Raise the heat a degree at a time and the frog doesn't realize it's being boiled.But if you throw the frog in the boiling water it jumps out ?or at least tries to.In this case, however, MFMU never proved its case that it was futile to go through the administrative appeal process.MFMU also claimed the Forest wasn't following the law because it hadn't revised its forest plan in the past 15 years as required by law. But the court noted that forest plan revision was well under way and that Congress had extended the deadlines to rewrite forest plans.MFMU was supported by several other groups, including Flathead County, Northwest Montana Gold Prospectors, Owens and Hurst Lumber Co., the Flathead Snowmobile Association and several other multiple use and motorized land use advocates, including Leland's Honda."We are pleased with the court's ruling and will continue working to achieve the balance that multiple use management requires on National Forest System lands," Flathead National Forest Planning Staff Officer Rob Carlin said in a prepared release.The case was heard in U.S. District Court in Washington, D.C.MFMU chairman Fred Hodgeboom could not be reached for comment. The case was decided by chief judge Thomas F. Hogan.