Last week, the U.S. District Court for the District of Montana upheld the Forest Service’s Mud Creek Project in the Bitterroot National Forest in southwest Montana. Continuing over the course of several years, the project will reduce the threat of catastrophic wildfire affecting nearby communities through prescribed burns and other noncommercial fuel reduction treatments and by providing up to 13,700 acres of commercial timber harvest. The Montana Department of Natural Resources and Conservation and Ravalli County, Montana, joined the federal government in the case to defend the project.
In upholding the project, the district court ruled that it complied with the National Environmental Policy Act (NEPA), National Forest Management Act (NFMA), and Endangered Species Act (ESA). The court found 1) that the Forest Service has adequately considered the project’s potential effects on carbon stocks in the forest; 2) that the NFMA claim was procedurally barred and even if it were not, that it would not prevent the project from going forward because no forest stands from old growth status will be removed; and 3) that the project has sufficient mitigation measures to offset impacts to species listed under the ESA. The decision is subject to appeal in the Ninth Circuit.
“Responsible forest management prevents wildfires, saves lives, produces timber we need to increase the supply of housing, and makes homes more affordable,” said Principal Deputy Assistant Attorney General Adam Gustafson of the Justice Department’s Environment and Natural Resources Division (ENRD). “The Environment and Natural Resources Division is successfully combating efforts to weaponize procedural statutes against the responsible use of America’s vast natural resources. The District Court rightly held that the Forest Service’s assessment of environmental effects for a forest can apply to a particular project within that forest.”
In March 2025, President Donald J. Trump issued an executive order to expand American timber production. One of the purposes of the executive order is to save American lives and communities through forest management and wildfire risk reduction projects.
Senior Trial Attorney Shaun Pettigrew of ENRD’s Natural Resources Section handled the case, with support from the Wildlife and Marine Resources Section.
