Lawsuit seeks ATV Forest Service study
Three conservation groups, including the local Audubon Society chapter, are challenging a U.S. Forest Service decision to allow four-wheel ATVs on some forest roads in a pilot project.
The groups, Kittitas Audubon, the Sierra Club and the Alpine Lakes Protection Society, say the Forest Service failed to follow federal environmental impact laws when it opened 350 miles of Forest Service roads to ATV use this summer, including 30 miles in Upper Kittitas County within the Cle Elum Ranger District.
A lawsuit was filed Tuesday in federal district court in Seattle. The three groups want the Forest Service to halt ATV use and complete an environmental study.
Forest Service officials have said the use of the specific roads opened for state licensed ATVs is limited and temporary. Other motorized vehicles already are allowed to use the roads.
Deputy Forest Supervisor Jason Kuiken said the pilot project opening 350 miles of road in Upper Kittitas County and in Yakima, Chelan and Okanogan counties will be used to evaluate future ATV use.
“If it is determined that the addition of wheeled ATVs to these existing motorized routes are causing unacceptable resource impacts or illegal behaviors, access would be modified to eliminate the impact,” Kuiken said in a news release.
He also said the USFS is partnering with ATV users and environmental groups to monitor impacts and educate users. Off-road use is not allowed. The areas opened will be monitored throughout the summer and fall, and information regarding traffic volume and safety will be collected.
The rules
Hal Lindstrom of Ellensburg, spokesman for Kittitas Audubon, said the USFS opened the existing roads to state-licensed ATVs without undertaking a full federal study of the impact the added ATV traffic would have on the environment, including wildlife habitat.
In addition, the USFS also didn’t follow its own rule that requires it to designate in detail what specific types of motorized vehicles can use what roads or trails within a national forest area, Lindstrom said.
“There are wildlife issues associated with increased motorized use on these public lands that were not explored,” said Lindstrom in emailed comments, “and surely would have been had the Forest Service played by the rules.”
Not going through the federal environmental review process also didn’t allow the wider public to have more input on the decision to open the roads, Lindstrom said.
Lindstrom said the impact of noise on bird health wasn’t evaluated, noting Kestrels nesting in proximity to roads or developed areas had elevated stress hormones and high rates of nest abandonment in a peer-reviewed study.
He said following the federal environmental protection law takes lots of time and study, along with much public comment and review.
“And that’s a good thing,” Lindstrom added.
Kittitas County commissioners reviewed the Forest Service’s plans and have been supportive of the pilot project. Commissioner Gary Berndt said he’s not surprised about the lawsuit in light of concerns raised at earlier meetings, but it’s unfortunate the environmental groups didn’t give the test a chance.
Berndt said he has advised ATV users if they can’t police themselves, these types of recreational opportunities will go away.