The Pintler Face Project on the Beaverhead-Deerlodge National Forest can proceed with commercial timber harvest activities after U.S. District Court Judge Dana Christensen today denied, in part, a motion for a preliminary injunction sought by anti-forestry groups.
The American Forest Resource Council (AFRC) became involved in the litigation due to its potential impacts on AFRC members and the continued viability of the local timber industry. AFRC members Sun Mountain Lumber, Inc., and Powell County, Montana, along with Iron Pine Company, LLC, and Anaconda-Deer Lodge County, Montana, formally participated in the case as defendant-intervenors.
The Pintler Face Project, developed by the Forest Service, aims to improve the Beaverhead-Deerlodge National Forest’s resiliency to future disturbances, decrease conifer encroachment on native grasslands, aspen, and willow stands, provide a source of timber for local communities, and improve the condition of local watersheds.
“Sun Mountain Lumber is pleased with Judge Christensen’s partial denial of the preliminary injunction on the Pintler Face Project,” said Sean Steinebach, Outreach Forester for Sun Mountain Lumber. “This decision is critical in allowing our work to continue and our milling and logging infrastructure to remain vibrant. We applaud the dedication of our partners in the Beaverhead-Deerlodge National Forest, the American Forest Resource Council and their attorneys, Anaconda-Deer Lodge County, Powell County, Iron Pine Logging, the Beaverhead-Deerlodge Working Group and all the people that showed support when we needed it most. We are committed to responsible stewardship of the land and look forward to demonstrating the benefits of our practices.”
Almost three years after the Pintler Face Project’s approval, and after nearly half of the commercial timber harvest had been completed, anti-forestry groups filed a complaint alleging that the Forest Service violated the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA). Three months later, just as commercial harvest was about to resume, anti-forestry groups filed a motion for a preliminary injunction to halt all project activities, alleging irreparable harm under their NEPA and ESA claims.
On June 25, Judge Christensen held a hearing on the preliminary injunction, with strong support for the Forest Service, AFRC, and Defendant-Intervenors, evidenced by over 30 supporters present in the courtroom. This community support underscores the importance of projects like Pintler Face, which benefit forest health and the rural communities relying on a steady source of timber from federal lands.
In his decision, Judge Christensen ruled that the commercial harvest component of the project, encompassing 3,934 acres, can proceed. However, the non-commercial work, covering 7,765 acres, is enjoined until the court decides the case’s merits. Operations, which were suspended in May, can now resume on July 16 following the spring bear season’s close.
The Pintler Face Project includes four timber sales, all timber salvage contracts aimed at removing dead and dying trees from pine beetle infestations. One sale is complete, two are approximately 25 to 30 percent complete, and the last is set to begin in November.
Anti-forestry challenged the project based on a remapping of lynx habitat by the Forest Service in 2020, which reduced habitat without a NEPA analysis. They also contested the adequacy of the Fish and Wildlife Service’s Biological Opinion (BiOp) for the project concerning the grizzly bear.
During the hearing, the federal attorneys argued for the dismissal of anti-forestry groups’ claims on the 2020 remapping due to their failure to raise concerns during the project’s objection and public commenting period. The government also argued against the preliminary injunction, highlighting the groups’ nearly three-year delay after the project’s approval in 2021 to file their motion.
In denying the injunction, Judge Christensen recognized that enjoining the project’s commercial activities would harm the local, timber-dependent communities, noting the significant economic investments made and the many jobs provided by Iron Pine and Sun Mountain. The judge highlighted the salvage nature of the commercial work: “Because dead and dying timber loses its commercial value rapidly, even a short-term injunction would jeopardize the local economy.”