Elbram Stone Company, LLC v. U.S. Forest Service

Case Summary

Issue:

Whether the Forest Service should be allowed to conduct timber thinning operations consistent with good forestry management practices?

Plaintiff:

Elbram Stone Company, LLC

Defendant:

U.S. Forest Service, David Francomb, Acting District Ranger, Aspen-Sopris Ranger District, White River National Forest; Scott Fitzwilliams, Forest Supervisor, White River National Forest; Daniel Jiron, Regional Forester, Rocky Mountain Region, U.S. Forest Service

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Status

Closed

Court

U.S. District Court for the District of Colorado

Case History

Robert Congdon, who has owned 10 valuable mining claims in the White River National Forest in north-central Colorado since 1994 and, since 2007, has operated as Elbram Stone Company, LLC, which he founded, seeks to develop the White Banks Quarry, an alabaster, marble, and gypsum quarry located in Pitkin County, Colorado.  Mr. Congdon operated pursuant to a plan of operations approved by the Forest Service in 1994 that restricted all activity to the May to November period; however, when, in 2003, he sought authority to operate year-around, the Forest Service delayed and all mining operations ended. 

In 2010, when the original plan of operations expired, Mr. Congdon submitted a plan to operate year-around.  In April 2011, after discussions with the Forest Service and Pitkin County, he modified his plan to reduce winter operating hours, minimize lighting, end winter camping by employees, and limit outdoor winter surface activity to loading and removing product.  As he awaited a response from the Forest Service, the agency approved an interim plan that permits him to resume mining operations as before; however, that is not economically feasible. 

In response to the 2011 proposal, the Forest Service, as required by the National Environmental Policy Act (NEPA), prepared an Environmental Assessment (EA) to consider:  taking no-action, approving Mr. Congdon’s plan, or approving only May through November operations.  In March 2012, the District Ranger published a Decision Notice and Finding of No Significant Impact (FONSI) that barred all winter operations due to “issues raised about potential impacts to bighorn sheep during critical winter periods.”

Mr. Congdon appealed the decision and, in August 2012, the Forest Supervisor reversed the District Ranger’s decision after concluding that there was not enough evidence in the EA linking winter operations to the declining bighorn sheep population.  The Forest Supervisor vacated the Decision Notice and FONSI and remanded the case for further review and later rejected Mr. Congden’s assertion that no further study is necessary.