It has been impossible to prevent the U.S. Forest Service from using chain saws in a region of the Los Padres National Forest that is home to old-growth pines, a variety of native plants, and wildlife.
A federal judge dismissed a lawsuit this week that was brought by the county of Ventura, the city of Ojai, the clothing brand Patagonia, and other environmental groups to stop the Forest Service’s plan to reduce the trees on Pine Mountain. The complaint was filed last year.
The Reyes Peak Forest Health and Fuels Reduction Project, which has an impact on more than 750 acres of forestland north of Ojai, was intended to be stopped by the lawsuit.
“We had hoped the court would rule in favor of the planet, biodiversity and the community,” Hans Cole, head of environmental activism at Patagonia, said in a news release. “We’re disappointed, but the work to protect Pine Mountain will continue.”
The plaintiffs alleged that the plan was without merit and improperly approved to meet logging quotas instituted by then-President Trump.
The project also garnered sharp criticism when it was proposed in 2020. The plaintiffs claimed in a news release that the Forest Service received more public comments opposing the project than any other project in the Los Padres National Forest’s history more than 12,000, to be exact.
A federal judge on July 19 dismissed the suit with prejudice, preventing Patagonia, Ventura County, the Center for Biological Diversity, the Earth Island Institute and other parties to the lawsuit from refiling.
We had hoped the court would rule in favor of the planet, biodiversity and the community. We’re disappointed, but the work to protect Pine Mountain will continue.
Hans Cole
They have 60 days from Monday to file an appeal.
“The court deferred to the Forest Service’s arguments and we respectfully disagree with that,” said Maggie Hall, an attorney with the Environmental Defense Center who was working on the lawsuit.
“This logging project would permanently harm this incredible ecological resource,” Hall said. “It’s also a popular recreation area and it’s on ancestral lands of the Chumash people.”
“We believe this ruling is incorrect and are working with our legal team to determine next steps,” Jeff Kuyper, executive director of Los Padres ForestWatch said in a news release. “We will explore all of our options for protecting Pine Mountain from a misguided and potentially damaging project.”
The U.S. Forest Service did not immediately respond to a request for comment.
The plaintiffs in the action claimed that the project had not undergone an appropriate environmental evaluation procedure prior to its approval.
Under a Trump-instituted loophole in the National Environmental Policy Act, certain projects could forgo environmental reviews if the impact was deemed limited.
Although the project was not planned for logging, the Forest Service notified The Times in 2020 that the timber from cut trees was probably going to be sold.
“That location was designated because of insect and disease treatment,” Forest Service project manager Katherine Worn told The Times. “And it’s on a ridgetop, and that’s where you would put a fuel break.”
