ASHEVILLE, N.C. — In a major victory for the communities and wildlife that depend on North Carolina’s Nantahala and Pisgah National Forests, the U.S. District Court for the Western District of North Carolina ruled that the U.S. Fish and Wildlife Service and Forest Service violated the Endangered Species Act by relying on a faulty analysis during the creation of the controversial Nantahala-Pisgah Forest Plan. The court’s decision effectively prohibits the Forest Service from relying on the Plan.
The ruling comes after the Southern Environmental Law Center, on behalf of Defenders of Wildlife, MountainTrue, Sierra Club, and the Center for Biological Diversity, sued the Forest Service and Fish and Wildlife Service in April 2024. The lawsuit challenged the revised Nantahala-Pisgah Forest Plan, which was finalized in 2023 and guides the long-term future of two of the nation’s most popular public lands.
The Plan proposed a massive increase in logging in the forests and put sensitive areas, including habitat for endangered forest bats, on the chopping block. But the federal agencies failed to show that these rare and federally protected bats—the northern long-eared bat, Indiana bat, Virginia big-eared bat, and gray bat—could withstand harmful logging. Instead, the agencies relied on incomplete and inaccurate information to downplay the risks posed by the new Plan, in some cases flatly ignoring where the bats’ habitat occurs.
The Court ruled the agencies’ analysis—called a Biological Opinion—was clearly flawed, writing in its decision that the agencies’ conclusions were “unexplained,” “unsupported,” “deficient,” and “of almost no value.” The Court also found that since the Biological Opinion is unlawful, that “void[s] [the] authority for the Revised Forest Plan” itself.
Below are statements from SELC, Defenders of Wildlife, MountainTrue, Sierra Club and the Center for Biological Diversity in response to the Court’s decision:
“The Court’s decision confirms that the Forest Service unlawfully cut corners in its planning process, resulting in a Nantahala-Pisgah Forest Plan that pushed rare and engendered wildlife even closer to the brink of extinction. With the agencies’ reckless analysis thrown out, we can look toward creating a better, more protective Forest Plan that prioritizes the health of the Nantahala and Pisgah National Forests and all the animals and communities that rely on them,” SELC staff attorney Spencer Scheidt said. “This ruling is a major victory for these incredible forests and sends a clear message that federal agencies are required to follow the law.”
“This ruling sends a clear message: the Endangered Species Act was violated. More than a million acres of vitally important wildlife habitat cannot be managed without also meeting the obligation to protect and recover imperiled species. The Nantahala and Pisgah deserve better, and today the court soundly agreed,” said Ben Prater, Southeast program director at Defenders of Wildlife.
“A federal judge has now made it clear: the Forest Service violated the law and failed to protect endangered wildlife with its forest plan. This ruling is an important step towards a new plan that better stewards the land, relies on factual information, and has broad support,” Josh Kelly, Resilient Forests Program Director at MountainTrue, said.
“This ruling reveals what we knew when the faulty plan was released; that increased logging targets and other assumptions were unjustified by any reasonable planning process that actually followed the law,” said David Reid, National Forests Issue Chair with the NC Sierra Club. “It’s a win for all who cherish these threatened bats, and hope that our grandchildren will continue to marvel at them.”
“This is a massive victory for wildlife—and for the millions of people who visit these cherished forests,” said Will Harlan, southeast director at the Center for Biological Diversity. “The Forest Service’s aggressive and illegal logging plans completely ignored science and the public, who overwhelmingly support protecting these forests. This ruling is a dagger to the destructive forest plan and a lifeline for wildlife and communities. The Pisgah and Nantahala are two of the most popular and biologically diverse forests in the country, and they are worth far more standing than cut down.”
Media Contacts:
Southern Environmental Law Center: Eric Hilt, 615-622-1199, ehilt@selctn.org
Defenders of Wildlife: Maggie Dewane, 202-772-0217, MDewane@defenders.org
MountainTrue: Karim Olaechea, 828-400-0768, karim@mountaintrue.org
Sierra Club: David Reid, 828-713-1607, daviddbreid@charter.net
Center for Biological Diversity: Will Harlan, 828-230-6818, wharlan@biologicaldiversity.org
