Mt. Ashland wins

U.S. District Court Judge Owen Panner ruled in favor of the U.S. Forest Service and Mt. Ashland Association today in a lawsuit over the Mt. Ashland Ski Area’s proposed expansion.

However, the judge has not released an opinion explaining the reasons for his ruling.

Plaintiffs in the lawsuit — the Rogue Group Sierra Club, Headwaters and the Oregon Natural Resources Council — said they will file an injunction to halt timber removal in the expansion area as soon as they can.

“We don’t know why they ruled against us,” said Tom Dimitre, chair of the Rogue Group Sierra Club. “We do know Judge Panner has a pretty abysmal record of ruling against environmental groups.”

Attorneys representing the plaintiffs plan to appeal the lawsuit to the 9th Circuit Court of Appeals, where Dimitre said they expect a favorable ruling.

Panner’s ruling has been a point of contention after oral arguments in the case in August. Plaintiffs fear the Mt. Ashland Association and Forest Service will begin cutting trees before they can file for an injunction to halt timber removal.

At 3 p.m. Wednesday, officials with the Forest Service were unsure whether the Forest Service would allow cutting until the judge produces an opinion.

“I highly doubt we would move forward until we have an opinion,” Steve Johnson, recreation specialist with the Rogue River-Siskiyou National Forest, said.

Johnson said the Forest Service will confer with its attorney before making a final decision.

Kim Clark, general manager of the Mt. Ashland Ski Area, said the Mt. Ashland Association was “very pleased” with the district court’s decision and glad the ski area can finally go ahead with the long-awaited expansion.

“We’re excited to go ahead with this environmentally friendly expansion,” Clark said.

The association will wait to read the final opinion before beginning the expansion process.

The three environmental groups filed suit against the Forest Service after a 2004 record of decision by the department approved a 71-acre ski area expansion including a new lodge and increased parking as well as a new chair lift. The suit claimed the Forest Service did not adequately assess the effects of the expansion on the middle branch of the East Fork of Ashland Creek — the headwaters of the City of Ashland’s water supply. The Mt. Ashland Association entered the lawsuit as a defendant intervenor.

Staff writer Alan Panebaker can be reached at 482-3456 x 227 or apanebaker@dailytidings.com.