We received notice today that our colleagues at Idaho Rivers United have filed a lawsuit in federal court in Boise claiming that the U.S. Forest Service violated the Wild and Scenic Rivers Act by allowing Idaho’s Department of Transportation to issue permits for transporting megaloads up the Lochsa / Clearwater corridor.
The lawsuit claims that the Forest Service simply abdicated their authority and responsibility to protect the Wild and Scenic corridor. The lawsuit, brought by attorneys at Advocates for the West, states: “Rather than acting to prevent the establishment of a high-and-wide corridor through the Clearwater National Forest, the Forest Service has cooperated with ITD and authorized modifications to the right-of-way. As a result, the Forest Service has facilitated and effectively approved the mega-shipments to proceed up Highway 12.”
The lawsuit points out that the megaload shipments would have serious impacts on river-running tourism trade in the spring and summer. According to IRU, “Tying up the winding, narrow, two-lane road — along with its scenic pullouts — during the spring and summer tourist season would also restrict recreational access to the Wild & Scenic rivers and adjacent forest.”
In the IRU press release, Justin Walsh, an outfitter and guide says, “The amazing whitewater is only part of the reason people buy trips from me. It’s the scenery, the ambiance, the overall grandeur of the place. There’s no question that the river remains the way it is because of the Wild & Scenic Rivers Act, and there’s no question that those qualities would be impacted by these loads of super-sized equipment sitting along the river.”
As the first two megaloads were met by protesters as they passed through Missoula overnight, the oil industry and their governmental facilitators now have more explaining to do in a federal courtroom.