Editor's Note: The following is a news release submitted to WebToday by an environmentalist group
CHARLESTON--Under provisions of the Endangered
Species Act (ESA), four
endangered species, the West Virginia Highlands Conservancy and
Heartwood
have sued Petersburg-based Allegheny Wood Products (AWP) over
its timbering
and other ground-disturbing activities in the Blackwater Canyon.
The complaint, filed Thursday in US District
Court in Elkins, alleges that
AWP's activities in the Blackwater Canyon will harm three federally
listed
endangered species--the Virginia northern flying squirrel, the
Indiana bat,
the Virginia big-eared bat--and one threatened species--the Cheat
Mountain
salamander. The complaint also alleges that AWP's activities
within the
Blackwater Canyon will harm essential habitat for the four species.
The animals are named as plaintiffs in the
lawsuit. Charleston attorney
Jason Huber filed the lawsuit on behalf of the threatened and
endangered
species. The Conservancy and Heartwood filed suit under the Citizens'
Suit
Provision of the ESA, which provides individuals with a legal
right to sue
a private corporation when that corporation's activities have
harmed
threatened or endangered species.
Through a series of letters to AWP, the US
Fish and Wildlife Service
clearly stated that the named species, and/or their habitat, exist
in the
Blackwater Canyon within areas AWP plans to timber. As a result
of this
correspondence and other information, on October 30, 1998 the
two
conservation organizations sent AWP a "Notice Of Intent to
Sue",
highlighting their concerns regarding the threatened and endangered
species.
"Allegheny Wood Products has chosen this
course by logging and road
building in known endangered species habitat. The law is clear,
these
species deserve full protection. Extinction is forever. No corporation
has
the right to conduct practices that will harm threatened or endangered
species," said Heartwood project coordinator, Jason Halbert.
The plaintiffs seek to have logging and other
ground-disturbing activity
stopped until surveys of the endangered and threatened species
on AWP's
Blackwater Canyon property are completed, and until a Habitat
Conservation
Plan based on those surveys is filed with the Fish and Wildlife
Service.
"There's a groundswell of public sentiment
to protect these special West
Virginia landscapes and the unique plants and animals that live
there,"
said the Conservancy's Judy Rodd. "Blackwater Canyon is
a premium example
of such a special area and we must stand up for the unique creatures
there
that can't protect themselves."
Similar cases have succeeded in Alabama with
the Alabama Beach Mouse, and
in northern California with the marbled murrelet, a rarely seen
coastal
bird that nests high in coastal forests. The Endangered Species
Act was
signed into law in 1973 by President Richard Nixon. The Act has
been very
successful in protecting many species including the American Bald
Eagle,
once near extinction.
Formed in 1967 to preserve the natural beauty
of the West Virginia
Highlands, the Conservancy is the state's oldest environmental
advocacy
organization. The group was instrumental in creation of the Dolly
Sods,
Cranberry, and Otter Creek and other Forest Wilderness areas and
in
preventing the destruction of Canaan Valley wetlands. The organization
is
currently campaigning for the establishment of the Blackwater
Canyon
National Park.
Heartwood, based in Bloomington, IN and Charlottesville,
VA is a coalition
of environmental organizations including the Conservancy and the
Ohio
Valley Environmental Coalition. Heartwood's primary interest
and goals are
the protection of the Eastern forests of the Central Hardwood
region, and
the forests' interdependent plant, animal, and human communities.
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CONTACTS:
Jason Huber, Attorney for West Virginia Highlands Conservancy, Charleston, West Virginia, 304-346-6300
Judy Rodd, Senior Vice President, 304 265-0018 or 304 345-7710
Heartwood Member Groups Active in Illinois:
Michelle Covi, Ecology Action Center
309-454-3169
h. 309-454-3169, amcgowan@titan.iwu.edu
David Pittman, Peoria Shawnee Response
309.688.7708
Kristi Hanson, Regional Assoc. of Concerned
Environmentalists
618-564-3367, markkris@earthlink.net
Devin M. Scherubel
Network Support Coordinator, Heartwood
PO Box 7653, Columbia, MO 65205
(573) 449-3537
(573) 999-5790(cell phone)
devin@heartwood.org
http://www.heartwood.org