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June 11. 199i 



INFORMATIONAL UPDATE 



Sierra Club Litigation filed in Georgia alleging violations of Clean Water 

 Act, Migratory Bird Treaty Act and National Forest Management Act 



On April 17, 1996, the Sierra Club filed a lawsuit against the Chattahooche 

 National Forest timber sales. The suit was filed in the U.S. District Court for the 

 Northern District of Georgia, Atlanta Division. The plaintiffs, in addition to the Sierra 

 Club are: The Wilderness Society, Georgia Forestwatch, The Armuchee Alliance, the 

 Rabun County Coalition to Save the Forest, and Friends of Georgia. The Defendants 

 are George Martin, Forest Supervisor of the Chattahoochee National Forest and Robert 

 Joslin, Regional Forester. Seven timber sales are involved, four with active contracts. 



The Sierra Club Claims: 



The lawsuit claims three major violations of law. The alleged violations of Clean 

 Water Act and Migratory Bird Treaty Act could potentially affect all lands (public and 

 private) as well as other activities such as development, farming, etc. The claims are: 



(1) Clean Water Act : Sierra Club claims that the construction of logging 

 roads without a National Pollutant Discharge Elimination System 

 (NPDES) violates the Clean Water Act. An NPDES permit enables a 

 person to obtain a permit to discharge a "pollutant" from a "point source". 



Sierra Club claims "the logging roads, streams crossings, yarding areas, 

 spoil piles and other related grading and construction projects allowed 

 under the projects which are the subject of this suit result in the discharge 

 of sediment to rivers and streams." 



(2) Migratory Bird Treaty Act: Sierra Club claims that the Forest 

 Service's approval of the timber sales violates the Migratory Bird Treat 

 Act of 1 91 8 (MBTA). The Sierra Club further states that the harvesting of 

 trees any time during the April to August nesting season for neotropical 

 migratory birds should be stopped as an MBTA violation, because nests 

 will be disturbed and migratory birds will die. 



(3) National Forest Management Act: The Sierra Club claims that it is 

 the Forest Service duty to keep current population trend data concerning 

 all "sensitive species." 



