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REGIONAL ASSN. OF CONCERNED ENVIRONMENTALISTS v. U

July 26, 1990

REGIONAL ASSOCIATION OF CONCERNED ENVIRONMENTALISTS, et al., Plaintiffs,
v.
UNITED STATES DEPARTMENT OF AGRICULTURE, et al., Defendants



The opinion of the court was delivered by: FOREMAN

 Before the Court is the plaintiffs' Motion for Preliminary Injunction. The plaintiffs are seeking to halt a timber sale in an area of the Shawnee Forest which is close to Fairview Church in Jackson County, Illinois. On June 11 and 12, 1990, Magistrate Philip M. Frazier held hearings regarding this matter and issued a Report and Recommendation (Document No. 24). In his Report and Recommendation, Magistrate Frazier found that four of the five individual plaintiffs had standing to bring this claim. Nevertheless, the Magistrate recommended that those plaintiffs' request for injunctive relief be denied because they cannot show that they are entitled to extraordinary injunctive relief. Both the plaintiffs and the defendants filed objections to the Report and Recommendation. On July 2, 1990, this Court ordered the defendants to stay execution of the timber sale until this Court had decided the plaintiffs' Motion for Preliminary Injunction. As a preliminary matter, the Court orders the Defendants' Motion to Dismiss Party Plaintiff Race and to Dismiss or Substitute Party Defendants (Document No. 16) STRICKEN FROM THE RECORD for failure to comply with Local Rule 6.

 I. Facts

 The subject of this dispute is an area of the Shawnee Forest known as the Fairview Timber Sale. The Fairview Timber Sale area is a 661 acre tract of the Shawnee National Forest. Mature hardwood makes up most of the sale area, although there are a few scattered pine stands.

 The plaintiffs are the Regional Association of Concerned Environmentalists (RACE), William Cronin, Mark Donham, Joseph Glisson, Melinda Harmon, and Jacqueline Turner. All individual plaintiffs appear pro se. RACE is unrepresented. The plaintiffs are all residents of Southern Illinois and all have a notable concern for environmental issues endemic to this region. Furthermore, plaintiffs Glisson, Harmon, Cronin and Turner all live close to the Fairview Timber Sale region and use the area often for recreation and solitude. Plaintiff Donham, while not living as close to the area, has a sincere concern for the trees and habitat in the Fairview Timber Sale region.

 The defendants are the United States Department of Agriculture, Clayton Yeutter, F. Dale Robertson, Floyd Marita, and Rodney K. Sallee. Yeutter is the Secretary of the United States Department of Agriculture. Robertson is the Chief of the United States Forest Service. Marita is the Regional Forester for the Eastern Region of the United States Forest Service. Sallee is the Supervisor of the Shawnee National Forest.

 On March 4, 1985, then Shawnee Forest Supervisor Kenneth Henderson signed the pertinent documents implementing 27 timber sales. One of those 27 sales was the Fairview Timber Sale. The Fairview Timber Sale was to be harvested in compliance with the Forest Service's 3.2 management prescription using an even aged silvicultural system with clearcutting as the harvesting method. Later, Supervisor Sallee suspended the Fairview Timber Sale and ordered that a new Environmental Assessment be conducted for the sale area. Sallee also announced a new Public Comment period with regard to the sale. On January 16, 1990, Sallee signed the pertinent documents re-authorizing the Fairview Timber Sale. These documents, which are important to this litigation, are an Environmental Assessment, a Decisional Notice and a Finding of No Significant Impact. The documents evinced the defendants intention to reimplement the Fairview Timber Sale under terms different than before. The most important change was that the timber sale would proceed using an uneven aged silvicultural system with the group selection harvesting method.

 In early February 1990, the plaintiffs appealed Sallee's decision to the Regional Forester. They requested an immediate stay and asked the Forest Service to cancel the Fairview Timber Sale. The Forest Service consolidated the plaintiffs' appeals. On February 15, 1990, the Regional Forester denied the Plaintiffs' request for a stay of the Fairview Timber Sale. On April 13, 1990, the Regional Forester upheld Sallee's decision to implement the Fairview Timber Sale. On April 16, 1990, the plaintiffs brought this suit, seeking to overturn the Forest Service's decision.

 II. Analysis

 A. General Considerations

 1. The Representation of RACE

 In their Complaint and request for injunctive relief, the board members of RACE request that plaintiff Mark Donham be allowed to represent RACE's interests before this Court. The Court must deny this request. Mr. Donham is not a member of the bar. Consequently, he may only represent his own interests before this Court. See First Foundation v. Village of Brookfield, 575 F. Supp. 1207 (N.D. Ill. 1983); Donham v. U.S. Dept. of Agriculture, 725 F. Supp. 985, 986 n. 1 (S.D. Ill. 1989).

 2. The Plaintiffs' Standing

 In his Report and Recommendation, the Magistrate concluded that plaintiffs Cronin, Glisson, Harmon, and Turner have standing to bring this dispute while plaintiff Donham does not. Only Donham filed an objection to the Magistrate's recommendation with respect to standing. Accordingly, the Magistrate's findings on standing with respect to Cronin, Glisson, Harmon, and ...


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