Transcripts

GREG BARON: The action means that until some time in mid-October, when a trial is scheduled, logging firms holding leases in the area will be unable to continue any cutting whatsoever. In fact, the injunction also prohibits the construction of any further logging roads, roads which might have been graded in anticipation of future cutting. The preliminary injunction came in response to a request by MPIRG, the Minnesota Public Interest Research Group, and the North Star chapter of the Sierra Club.

The week before last, on September 5, in a hearing before Judge Lord, those groups argued that logging of the area would irretrievably destroy the BWCA's primitive character. Further, both MPIRG and the Sierra Club allege that logging the area was in direct violation of the 1964 National Wilderness Act, a federal law enacted to create and protect the BWCA and other primitive areas. If logging was allowed to continue, the groups argued that the public would suffer irreparable harm.

The defendants in the case include the US Forest Service and seven logging firms. In arguing their position, an attorney for one of the logging companies claimed that a proper interpretation of the law does allow for cutting. And further, he said the paper company he represents considered trees in the area an extremely valuable resource, that the company needed a continued supply of raw material. And that after all, trees can be replanted and should be considered a renewable resource.

It's clear now that Judge Lord does not agree. Precedent in district court proceedings suggests that in order to justify the issuance of a preliminary injunction, the parties requesting the injunction must, among other things, demonstrate a substantial probability of success at the full trial.

Indicative of the possible outcome of that trial-- again, currently scheduled for some time in mid-October-- Judge Lord, in issuing the injunction, said simply, the plaintiffs have established a substantial probability of success. The case has been in the district court for some time. And noting an earlier opinion, Judge Lord said the evidence clearly showed that logging destroys the primitive character of the area.

Pointing out that the Wilderness Act requires that timber cutting be prohibited in the virgin forest areas of the BWCA, Judge Lord quoted the Forest Service itself. He noted that in recent reports issued by the service, the agency had said, quote, "Temporary roads and landings are evidence of man's activities and as such, detract from the wilderness character of the area. When timber is cut in a virgin area, of course, the virgin character is irretrievably lost", end quote.

Finally, in keeping with his reputation as a judge with a more than ample share of good humor, Judge Lord, without missing a beat, offered the following. He said, quote, "The court is not unmindful of the warning of the Lorax about the oncelers of this world and their penchant for cutting down the truffula trees to make the needs. Now for further information on Loraxes, truffula trees, and the needs, Judge Lord notes his source in perfect legal form, Dr. Seuss, from the book entitled The Lorax, Random House, 1971. This is Greg Baron.