Commissioners for Anaconda-Deer Lodge County unanimously voted last week to intervene in a federal lawsuit filed by environmental groups aiming to stop the Pintler Face timber project on the Beaverhead-Deerlodge National Forest.
The commission, along with County Attorney Ben Krakowka and others, expressed concerns that the lawsuit, if successful, would negatively impact the regional economy and hinder work that would enhance forest health and reduce wildfire risk in lodgepole stands with beetle-killed timber.
Krakowka mentioned on Monday that Anaconda-Deer Lodge County would step in as a co-defendant in the lawsuit to prevent potential economic impacts on the local economy if the plaintiffs win.
In such a scenario, the city-county would not be responsible for covering the plaintiffs’ legal fees. Those costs would be covered by the federal government under the National Environmental Policy Act and the Equal Access to Justice Act.
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Intervening in a lawsuit refers to the entry of a third party with a personal stake in the outcome of an existing civil case that was not named as an original party in the case.
Krakowka highlighted the significant stake that Anaconda-Deer Lodge County has in the matter. Timber jobs and revenues could be impacted, and wildfires in the proposed timber sale area could affect commerce and tourism.
The city-county is not hiring an attorney for the case, with representation being provided by Christopher Griffith from Haglund Kelley LLP, a law firm based in Oregon. The timber industry is funding Griffith’s representation with an interest in seeing the project move forward.
Krakowka will gather information from Anaconda-Deer Lodge County and continue to advise the county commission on the issue.
The U.S. Forest Service reports that the Pintler Face project area is 73,624 acres located about 10 miles northwest of Wise River on the south face of the Anaconda Range on the Wisdom Ranger District of the Beaverhead-Deerlodge National Forest.
The project includes logging, burning, or other vegetation treatments on about 11,224 acres alongside sections of the Mill Creek Highway and Montana 43, with the construction of approximately 11 miles of new temporary roads and decommissioning of existing roads as per the Pintler Face plan.
At a recent meeting, commissioners heard from Sean Steinebach, an outreach forester for Sun Mountain Lumber, and Chris Marchion, a member of the Montana Outdoor Hall of Fame and the Anaconda Sportsman’s Club, both supporting the Pintler Face project for its benefits to forest health and timber jobs.
The lawsuit against the Pintler Face project was filed in U.S. District Court in Missoula by environmental groups after logging had already commenced following the Forest Service’s project decision released in September 2021. The lawsuit challenges the adequacy of the Forest Service’s analysis for the project, especially concerning potential impacts on grizzly bears, Canada lynx, and wolverines.
The plaintiffs seek to reject the project decision or halt its implementation based on alleged violations of environmental laws. A hearing is scheduled for June 25 to consider a preliminary injunction to stop logging on the Pintler Face project until a final decision is reached.
Defendants in the case also include the Fish and Wildlife Service, with concerns raised about the grizzly bear analysis for the project being in violation of the law for failing to consider various required aspects.
Both Marchion and Steinebach, who reside in Anaconda-Deer Lodge County, participated in the review of the Pintler Face project and expressed satisfaction with the decision to proceed.
Steinebach described the project area as a “forest health disaster” due to past intense wildfires, while Marchion highlighted the logging history in the area and the remaining lodgepole pines.
While differing opinions exist on the project, the involvement of Anaconda-Deer Lodge County in the lawsuit reflects a commitment to supporting local jobs, forest health, and economic activities.
