Victory for Conservation: Protecting Pisgah & Nantahala National Forests!

Background graphic photo credit: Will Harlan w/ Center for Biological Diversity

We are happy to share a significant victory in our ongoing efforts to protect the Pisgah and Nantahala National Forests and their precious ecosystems. Thanks to your steadfast support and our collective advocacy efforts, the U.S. Forest Service has agreed to abandon plans to log a sensitive area near the Whitewater River as part of the controversial Southside timber project.

This victory follows months of determined action culminating in a lawsuit filed by the Southern Environmental Law Center on behalf of a coalition of conservation groups, including MountainTrue, Center for Biological Diversity, Chattooga Conservancy, Defenders of Wildlife, and Sierra Club.

We challenged the agency’s plans to log a designated “exceptional ecological community” as inconsistent with the “new” Forest Plan, given that it is located in a Plan-designated Special Interest Area that restricts logging. The logging was also within the corridor of the Wild and Scenic eligible Whitewater River. The area proposed for logging sits above stunning waterfalls, boasts towering trees, and shelters rare plants in a unique, wet microclimate. Nevertheless, the agency proposed to move forward with logging this area anyway. The lawsuit would not have prevented the agency from implementing other parts of the Southside project.

The Forest Service has now agreed to withdraw this area completely from the Southside Project.

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This is a significant victory that preserves a critical habitat within Nantahala National Forest and helps ensure that federal laws protecting our natural heritage are upheld.

Our work is far from over. MountainTrue remains dedicated to safeguarding the Pisgah and Nantahala National Forests and advocating for responsible forest management practices that support sustainable timbering while protecting wildlife and sensitive habitats.

We extend our heartfelt gratitude to each of you who support our advocacy efforts through donations, calls to action, and spreading awareness. Your commitment to preserving our forests and protecting biodiversity is truly inspiring. Join us in celebrating this victory, and the fight continues.

U.S. Forest Service abandons plans to recklessly log sensitive area of Nantahala National Forest after lawsuit

ASHEVILLE, N.C. — In response to a lawsuit from a coalition of conservation groups, the U.S. Forest Service announced it is scrapping plans to log an important area of North Carolina’s Nantahala National Forest near the Whitewater River.

The announcement, which was published in a letter last week, comes nearly six months after the Southern Environmental Law Center, on behalf of the MountainTrue, Center for Biological Diversity, Chattooga Conservancy, Defenders of Wildlife, and Sierra Club, sued the Forest Service over the logging plans. The lawsuit would not have prevented the agency from implementing other parts of the Southside timber project.

The agency offered to abandon its logging proposal in the area if the coalition of conservation groups dismissed the lawsuit, which they anticipate doing later this week.

The area spared from logging sits above stunning waterfalls, boasts towering trees, and shelters rare plants in a unique, wet microclimate. The Forest Service had slated it for heavy logging in the controversial Southside timber project.

PHOTOS: Area of proposed logging project

Because of the area’s incredible ecological value and stunning beauty, the Forest Service designated it as a “Special Interest Area” in the recently published Nantahala-Pisgah Forest Plan. Destructive projects, like logging and roadbuilding, are significantly restricted in Special Interest Areas. The Forest Service’s previous decision to move forward with the logging project contradicted its own decision to protect the area, undermined one of the few things its new Forest Plan got right, and violated federal law.

Below are quotes from conservation groups about the resolution of the lawsuit:

“We have been pointing out problems with the agency’s logging plans for this area for years. It’s a shame we had to take them to court to achieve this outcome, but we’re glad this incredible area is no longer on the chopping block,” Patrick Hunter, Managing Attorney of the Southern Environmental Law Center’s Asheville Office, said. “Unfortunately, the new Forest Plan sets us up for more of these conflicts in the future. National forests in western North Carolina—and the people who enjoy them—deserve better.”

“This wild and beautiful forest was saved because people spoke up to defend it,” said Will Harlan, Southeast director at the Center for Biological Diversity. “Even though the public overwhelmingly supports protecting special places like the Pisgah and Nantahala National Forests, the new Forest Plan tragically fails to do that. Unless the Plan is changed to protect important forests and streams, more legal fights are probably going to be the only way to ensure that the public’s voice is heard.”

“We applaud the Forest Service for agreeing to drop their illegitimate plan for logging in a Special Interest Area next to the Whitewater River. Regretfully, it took filing a lawsuit and six months of negotiations to prompt the recalcitrant Forest Service to abide by federal law, to save one unique stand of our national forest,” said Nicole Hayler, Director of the Chattooga Conservancy. “The rest of the damaging Southside Project still is on the chopping block, while the new Nantahala-Pisgah Forest Plan is on deck with its mandates for escalating logging in sensitive areas—fueling more controversy and conflict that further undermines public trust in Forest Service managers.”

“We are thrilled to see the U.S. Forest Service commit to upholding the law,” said Jane Davenport, senior attorney for Defenders of Wildlife. “It’s unfortunate that it took a lawsuit to get there, but this commitment ensures a future for vulnerable species whose habitat would have been destroyed by logging.”

“We are pleased that the Forest Service chose to walk away from logging that is incompatible with sound stewardship of the Whitewater River Special Interest Area. It’s unfortunate that it took a lawsuit to reach this outcome, but we thank the Forest Service for coming to the right conclusion,” Josh Kelly, Public Lands Biologist at MountainTrue, said.

“The decision by the Forest Service is the right one, given the recent federal emphasis on old growth protection and the importance of recognizing North Carolina’s Natural Heritage sites. Unfortunately, it took legal action for the agency to make the right decision,” said David Reid, Sierra Club National Forest Issue Chair.

Media Contacts:

SELC: Eric Hilt, 615-622-1199, ehilt@selctn.org
Center for Biological Diversity: Will Harlan, wharlan@biologicaldiversity.org
Chattooga Conservancy: Nicole Hayler, info@chattoogariver.org
Defenders of Wildlife: Jay Petrequin, jpetrequin@defenders.org
MountainTrue: Karim Olaechea, 828-400-0768, karim@mountaintrue.org
Sierra Club: David Reid, daviddreid0@gmail.com

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MountainTrue Advocates for Environmental Priorities During Raleigh Lobbying Trip

Photo: MountainTrue’s Legislative Advocacy Team sits down with Senator Tim Moffitt to discuss the specifics of a proposed Accessory Dwelling Unit (ADU) bill.

At the beginning of May, the MountainTrue legislative advocacy team embarked on a lobbying trip to Raleigh, marking our first visit to the NC General Assembly’s short session. This trip was instrumental in advancing our legislative agenda and fostering meaningful conversations with key lawmakers.

We extend our heartfelt thanks to Representatives Dudley Greene, Jimmy Dixon, Jake Johnson, Jennifer Balkcom, Eric Ager, Ray Pickett, and Senators Warren Daniel, Kevin Corbin, Tim Moffitt, and Julie Mayfield. We also appreciate the staff of House Speaker Tim Moore and Senate President Pro Tempore Phil Burger for their valuable time and engagement.

Senator Kevin Corbin

Senator Kevin Corbin with MountainTrue High Country Director and Watauga Riverkeeper Andy Hill.

Senator Julie Mayfield

MountainTrue’s Legislative Advocacy Team with Senator Julie Mayfield.

Representative Jimmy Dixon

MountainTrue’s Gray Jernigan, Nancy Diaz, and Bob Wagner, posing for a photo with Representative Jimmy Dixon.

During our meetings, we discussed the various programs, projects, and policies that MountainTrue supports. We shared our legislative priorities for the session, receiving positive feedback and valuable insights from our legislators. Here are the key initiatives we are focusing on this year:

Helping Property Owners Reduce Stormwater Pollution

The Community Conservation Assistance Program (CCAP) is a vital initiative that allows local soil and water districts to assist property owners in reducing stormwater pollution. Unfortunately, the demand for CCAP exceeds its current funding. By advocating for dedicated funding for the CCAP program, particularly in the French Broad River watershed, we aim to significantly reduce stormwater pollution in areas frequently used for recreation.

Supporting Rural Families with Failing Septic Systems

MountainTrue has partnered with NC DHHS to administer funding for repairing failing septic systems in Western North Carolina. This partnership has inspired Buncombe County to launch its own septic repair program. We are pushing for grants to local health departments in WNC to enable other counties to establish their own programs, thereby improving public health and environmental quality in rural areas.

Expanding E. coli Monitoring in the French Broad River

By expanding the state’s real-time E. coli bacteria detection program in the French Broad River, we can provide the public with accurate and timely information about bacteria pollution levels. This expansion is crucial for ensuring the safety of the river, which is heavily used for recreational activities.

Securing State Trail Designations for Paddle Trails

We are working to secure State Trail designations for the First Broad River in Cleveland County and the Watauga River in Watauga County. These designations will accelerate the development of paddle trails, enhancing recreational and economic opportunities for local communities.

Advocating for Local Projects and Smart Infill Development

MountainTrue is actively seeking funding for several local projects, including dam removals, trails, and greenways throughout the WNC region. Additionally, we are advocating for legislation that mandates local governments to adopt ordinances permitting the construction of accessory dwelling units in residential areas. This initiative aims to promote smart infill development, address the housing shortage, reduce the climate impacts of commuting, and protect rural areas from sprawling development.

Stay Connected and Support MountainTrue

As the session progresses, we will continue to update you on our advocacy efforts and achievements. Your support is crucial in ensuring that WNC has a strong voice for the environment in the General Assembly. MountainTrue is proud to be the only environmental organization in WNC with a full-time presence in Raleigh, and with your continued support, we can make a significant impact.

Thank you for standing with us in our mission to protect and preserve the environment in WNC. Stay tuned for more updates and action opportunities!

Letter to Our Members: We’re Going to Court to Protect Endangered Wildlife

On Thursday, April 18, MountainTrue, in collaboration with our partners at the Southern Environmental Law Center, the Sierra Club, Defenders of Wildlife, and the Center for Biological Diversity, filed a lawsuit against the U.S. Forest Service and the U.S. Fish and Wildlife Service for violations of the Endangered Species Act committed during consultation and development of the Biological Opinion on which the Nantahala-Pisgah Forest Plan relies. This legal action seeks to protect endangered wildlife that are threatened by the new Forest Plan, which prioritizes commercial logging in habitat that is critical for the survival of several species.

Our decision to pursue litigation was not made lightly. After our previously issued Notice of Intent to Sue—a mandatory precursor under the Endangered Species Act—was filed last July, it became clear that the Forest Service was not going to take steps to correct its failures. Despite our extensive efforts to work collaboratively with the Forest Service to produce a balanced and scientifically sound plan, we are again forced to go to court to seek the changes necessary to protect endangered wildlife. This is MountainTrue’s commitment to protect our diverse ecosystems and the communities that cherish these forests.

DONATE TODAY

Our members and supporters power our Resilient Forests program. Donate today, so we can continue to protect our old-growth and mature forests, which are critical habitats for many endangered and threatened species.

Photo of a Virginia big-eared bat by Larisa Bishop-Boros – Own work, CC BY-SA 3.0

The flawed Forest Plan jeopardizes not only the endangered northern long-eared bat, Indiana bat, Virginia big-eared bat, and the gray bat but also impacts species like the little brown bat and the tricolored bat, which are currently being considered for the endangered species list. Our lawsuit aims to rectify the inaccuracies, incomplete data, and flawed analysis that underpin the current plan, ensuring a more sustainable future for these critical habitats and the wildlife that dwell there.

To be clear, our goal with this lawsuit is not to stop logging on the national forest. However, we believe logging should be limited in areas known to be used by endangered bats. Unfortunately, the new forest plan allows run-of-the-mill logging in many of these areas without even looking for endangered wildlife.

Our Resilient Forests program, powered by the support of our members and donors, is essential in this fight. We thank you for your generous support. Every donation helps us work to protect old-growth, mature forests, and critical wildlife habitat.

The path ahead is challenging, but with you by our side, we can continue to advocate for a forest management plan that truly reflects the ecological and communal values we stand for. The future of the Nantahala and Pisgah National Forests depends on our collective action.

Thank you for standing with us,

Gray Jernigan
Deputy Director & General Counsel

Conservation Groups sue Forest Service over Nantahala-Pisgah Forest Plan’s impact on endangered wildlife

ASHEVILLE, N.C. — This week, a coalition of conservation groups filed a lawsuit over glaring flaws in the Nantahala-Pisgah Forest Plan that put endangered forest bats at risk, following through on a previous 60-day Notice of Intent to Sue letter.

The Nantahala-Pisgah Forest Plan guides the long-term future of two of the nation’s most popular and beloved public lands. Together, the Nantahala and Pisgah National Forests total more than a million acres, contain 1,500 miles of trails, and boast some of western North Carolina’s most iconic destinations. The forests are also major drivers of local economies — each year they attract millions of visitors looking to enjoy the area’s incredible diversity of wildlife.

But the newly published 2023 Forest Plan aims to quintuple the amount of logging in the Nantahala and Pisgah National Forests and puts sensitive areas, including important habitat for endangered forest bats, on the chopping block. Instead of fully studying the impact this massive expansion in logging would have on federally protected bats, the Forest Service relied on incomplete and inaccurate information to downplay the increased risks posed by the new Plan. The agency even ignored data showing where bats are found on the national forests and wrongly assumed that forests outside of the bats’ ranges would make up for cutting their actual habitats.

The flawed analysis clearly violates the Endangered Species Act, which requires federal agencies to use the best available science when considering how their decisions might harm federally protected species.

The northern long-eared bat, Indiana bat, Virginia big-eared bat, and gray bat, which are the focus of this lawsuit, are teetering on the edge of extinction and the Forest Service has admitted that protecting their habitats in the Nantahala and Pisgah National Forests is essential to the species’ survival. The bats are important pieces of these forests’ ecosystems and if they are unable to survive, there will be a domino effect throughout western North Carolina.

The Southern Environmental Law Center filed the case in federal district court for the Western District of North Carolina on behalf of Defenders of Wildlife, MountainTrue, Sierra Club and the Center for Biological Diversity. Statements from the groups are provided below:

“The amazing diversity of wildlife is a major part of what makes the Nantahala and Pisgah National Forests so special. The Forest Service should be doing everything they can to protect the rare and endangered animals that call these forests home, not recklessly putting their habitats on the chopping block.” Sam Evans, Leader of SELC’s National Forests and Parks Program, said. “The Forest Service had a great opportunity to restore forests and protect endangered forest bats, but the agency refused – now we are suing.”

“The U.S. Forest Service is duty bound to conserve species listed under the Endangered Species Act,” said Ben Prater, Southeast Program Director for Defenders of Wildlife. “The revised Nantahala-Pisgah Forest Plan falls short of the obligation to prevent extinction and secure the habitat strongholds that these public lands provide for four critically endangered bat species. The Plan commits us to accelerated logging and road building for the next 20 years, putting these imperiled bats at even greater risk. This is simply unacceptable for endangered bats that so desperately need our best efforts to survive and recover.”

“Sustainable and economically viable commercial logging is not incompatible with protecting our endangered wildlife. Instead, the Forest Service ignored the best available science and withheld critical information from the Fish and Wildlife Service, which oversees endangered species protection. They forced our hand when they broke the law. Now, we’re going to court to protect wildlife and to win a more responsible Forest Management Plan,” Josh Kelly, Public Lands Field Biologist for MountainTrue, said.

“The Pisgah and Nantahala National Forests serve as anchor points for sensitive habitat that protects a marvelous array of plants and wildlife, which are increasingly under pressure. The revised Forest Plan misses the boat for protecting key wildlife by emphasizing activities that fragment and degrade habitat, especially for species that rely on mature and undisturbed forests. The N.C. Sierra Club will continue to work to protect the wildlife and habitats that we cannot afford to lose,” David Reid, National Forests Issue Chair for the Sierra Club, said.

“The Forest Service has prioritized logging over protecting some of the most endangered species on the planet,” said Will Harlan, Southeast Director at the Center for Biological Diversity. “These bats are on the brink of extinction, yet the Forest Service wants to aggressively increase logging in their forest habitats. It is another heartbreaking failure of the Forest Plan.”

Media Contacts:
Southern Environmental Law Center: Eric Hilt, 615-622-1199, ehilt@selctn.org
Defenders of Wildlife: Jay Petrequin, 202-772-0243, jpetrequin@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

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TAKE ACTION to Protect Madison County Ridgetops

Let Madison County Commissioners know that our mountain ridges should remain pristine!

Responding to the desires of a single landowner, the Madison County Planning Board put aside the best interests of the wider community and recommended doing away with the rule that would prevent the construction of homes and buildings within 50 feet of ridgelines. This change would completely undercut Madison County’s Mountain Ridge Protection ordinance and open the door to unfettered home construction along the tops of our mountains.

Allowing development on our ridgetops would threaten our county’s irreplaceable natural beauty, environmental health, economic vitality, and the overall well-being of our community. The move by the Planning Board has sparked widespread public opposition.

Email Madison County Commissioners now and let them know you want them to protect our mountaintops!

Email Madison County Commissioners

We need you to take action today to let Madison County Commissioners know that we want them to vote to REJECT the Planning Board’s irresponsible recommendation. If you’ve emailed them already about this issue, we urge you to email them again to let them know we’re still watching.

Bad for Public Safety:
Allowing development on our ridgetops would directly increase the risks of natural disasters like landslides and wildfires, consequences we cannot afford. These disasters, fueled by deforestation and soil disturbance, pose a significant threat to the safety and security of our residents. It is imperative that we stand firm on this ordinance to safeguard our community’s lives and properties.

Bad for Our Economy:
Madison County’s mountains are more than just natural features; they are the backbone of our regional identity, drawing visitors, outdoor enthusiasts, and residents seeking a peaceful, scenic living environment. These mountains bolster our local economy and tax revenue by attracting tourism and promoting local businesses. Compromising on this ordinance would not only tarnish our community’s allure but also strike a blow to the economic heartbeat of our region. We cannot allow our mountain landscapes, a cornerstone of our heritage and economy, to be compromised.

Bad for Our Environment:
Preserving our mountain ridgetops is critical for broader environmental initiatives, including combating deforestation and protecting vital water sources. These areas play a crucial role in water filtration and biodiversity conservation. Upholding this ordinance is key to Madison County’s leadership in environmental stewardship and sustainability.

Email Madison County Commissioners now and let them know you want them to protect our mountaintops!

Email Madison County Commissioners

Background:
The county has received an application from a private citizen to amend the county’s Mountain Ridge Protection Ordinance and do away with a 50’ setback requirement, a key provision that protects mountain ridges from development.

In 1983, following the construction of the Sugar Top Resort in Avery County, the State of North Carolina passed a law protecting the mountain ridgelines of our state. Madison County then took the additional step of putting in place further safeguards to protect one of Madison County’s greatest assets: its natural beauty. One key rule that Madison County added was a 50’ setback on either side of a protected ridge. This simple rule makes protection of our ridgelines and enforcement of these rules relatively easy.

For 40 years, this ordinance has ensured that Madison County landowners, residents, and visitors would be blessed with visually stunning and natural mountain views and have the confidence that those views would be protected for future generations.

Now, a single landowner wants to do away with the setback requirements in order to develop on a ridgeline. This change in the law would affect ridgelines throughout the county, even though the applicant could simply seek a variance for their individual property.

Join us in opposing the proposed amendment to the Mountain Ridge Protection Ordinance. Learn more by checking out these resources:

Click here to read MountainTrue’s letter to the Planning Board.
Click here to read Clear Sky Madison’s letter to the Planning Board.
Read more about the proposal in this article from the Asheville Citizen-Times, published November 10.