Judge won't delay Kootenai logging project

An on-again, off-again logging project in the Kootenai National Forest may be going ahead after a federal judge refused to delay it during the appeal of a lawsuit that claims threatened grizzly bear habitat would be harmed. The project, which calls for logging more than 900 acres and burning 2,140 acres, is based on sound science and should not harm the bears' habitat, U.S. District Judge Donald Molloy wrote in his order Thursday. "In fact, given the evidence, studies and analysis marshaled by the agencies, it could be postulated that enjoining the project is more likely to irreparably harm the grizzly bear than allowing the project to proceed," Molloy wrote. The 9th U.S. Circuit Court of Appeals had issued a two-week block on the Grizzly Project while Molloy was considering the Alliance for the Wild Rockies' request for an injunction during the appeal of its lawsuit. The conservation organization's appeal challenges a previous ruling by Molloy allowing the project to proceed. The group originally sought an injunction from the 9th Circuit, saying the project would likely be completed before the appellate court had a chance to weigh in. But the 9th Circuit judges ruled the group first had to make the injunction request to Molloy. Molloy denied the request in his Thursday order. If the project goes ahead, the conservation group will again ask the 9th Circuit to block it, Alliance for the Wild Rockies executive director Mike Garrity said Friday...more

The eviros must have no case at all, as Molloy is one of their friendly judges. 

And all that over 900 acres.  Not only is the logging not happening, but there's the enviro lawyers (who are probably operating off government funds from a previous lawsuit), the direct cost of the fed lawyers and the taxpayer funded judges and courts.  Add to that the lost timber, the environmental damage and in too many cases, lost homes and lives.  Clearly, Congress needs to grant the same authority to waive law to the Secretaries of Ag and Interior as they have granted the Secretary of Homeland Security.

The language for Homeland Security was in the REAL ID Act of 2005, which amended the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 as follows: 

“Notwithstanding any other provision of law, the Secretary of Homeland Security shall have the authority to waive all legal requirements such Secretary, in such Secretary’s sole discretion, determines necessary to ensure expeditious construction of the barriers and roads under this section.”

Tune that up to fit logging projects and we're ready to go. There is also language limiting exclusive jurisdiction to federal district courts which should also be included in any new law.

Call it the Federal Initiative (to) Restore (the) Environment, or FIRE Act and insert it in the next round of budget/debt ceiling negotiations.

Restoring reasonable management to federal land is more important to our health and safety in The West than a border fence that doesn't work.