Inner Voice
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Summer 2008 Glen Ith fought to keep illegal roads from carving up the Tongass National Forest. Forest Magazine file photo TONGASS WILDLIFE BIOLOGIST AND WHISTLEBLOWER GLEN ITH DIES On March 3, Glen Ith passed away unexpectedly of sudden cardiac death, an abrupt loss of heart function often associated with undiagnosed coronary artery disease. Glen, forty-eight, is survived by his wife, Marketa; daughter Izabelle, nine; his mother, Helma; and other family members. Glen began his U.S. Forest Service career on the Tongass National Forest in the mid-1980s, and he was promoted to wildlife biologist on the Petersburg District in 2001. A hunter, fisherman, craftsman and builder, he was also president of the board of the Petersburg Childhood Education Center in Alaska. Glen was also a whistleblower. In 2005, he learned of a logging road being constructed in an area of the Tongass National Forest where no timber sale had yet been approved. Glen appealed to the agency, but his concerns fell on deaf ears. He contacted Forest Service Employees for Environmental Ethics in August of 2005 and sent us photographs of the road work, together with an e-mail message suggesting that because the road construction, the timber harvest for the log stringer bridges and the decision to harvest were all connected actions, something was amiss in the Forest Services process. It turned out Glen had uncovered a pattern of illegal road building on the Tongass which, together with FSEEE, he challenged in federal district court. In December 2006, Judge John Sedgwick agreed, saying (in words almost identical to Glens) that the Forest Service concedes that it has violated NEPA, specifically that the use of a categorical exclusion for the road contracts at issue was improper because the road construction and the planned timber sale projects constitute connected actions that should be considered in the NEPA documents for the timber sale projects. Glen also appealed the Scott Peak timber saleslated to log 347 acres of temperate old-growth rainforest on Kupreanof Islandbecause he believed cumulative impacts from nearby logging hadnt been adequately studied. Again, his concerns were upheld, and the timber sale was remanded for further analysis. Glens subsequent challenge against the re-issued Scott Peak sale, on the grounds that it failed to consider environmental analysis critical of the logging, was pending in federal district court at the time of his death. In the months prior to Glens passing, he was reassigned to a different office and then placed on administrative leave pending his supervisors request that he be terminated. Glen protested his reassignment and administrative leave to the Office of Special Counsel, which agreed there was sufficient evidence of retaliation to launch an investigation. With Glens death, the office closed its investigation. On a personal note, it was my great privilege to advocate on Glens behalf. He had an unshakable belief that our system of government would work. Although the path might be difficult and demand perseverance, he believed that the truth would prevail. Glen had the character, intelligence, wisdom, moral fiber and family support necessary to vindicate the truth. He won every fightonly his heart muscle denied him the chance to clear his name of the Forest Services baseless accusations. I have no doubt he would have prevailed. Andy Stahl Tim Bechtold, of Missoula, Montana, is now representing FSEEE as a litigation attorney. When not working on cases for FSEEE, Tim heads a private law practice that focuses on environmental issues. After growing up on a Minnesota dairy farm, Tim earned an undergraduate degree in biology from Harvard and a Masters of Science from the Environmental Studies program at the University of Montana. He has worked as a teaching naturalist in Minnesota, Colorado and North Dakota. After receiving his law degree from the University of Montana School of Law in 2000, he clerked for two years with a federal judge and has been in private practice ever since. Tim serves on the boards of the Missoula Area Youth Hockey Association, the City of Missoula Park and Friends of Missoula Parks. He plays in two recreational hockey leagues, is an avid skier, biker and boater and coaches his kids soccer and hockey teams. Currently, Tim is spearheading FSEEEs litigation efforts challenging the use of toxins on our national foreststhe chemicals in fire retardant as well as pesticides, herbicides, fungicides and fertilizers that contaminate habitat and threaten species. FIRE RETARDANT LAWSUIT FOLLOW-UP On February 26, Undersecretary of Agriculture Mark Rey appeared in a Montana federal district court to answer charges that his agency was in contempt of court. In December 2005, U.S. District Court Judge Donald Molloy had ordered the U.S. Forest Service to complete its environmental review of aerial fire retardant use within eighteen months. The agency had already gained one extension on that date, but the extended deadline came and went without all the legally required reviews being completed. In his court testimony, Rey apologized repeatedly for the delays; Molloy said it was shameful that it took the threat of contempt to get the government to complete the environmental reviews. The judge refused to rule on whether the reviews were adequate under the National Environmental Policy Act and the Endangered Species Act, and instead ruled only that the government had completed them. On April 2, Forest Service Employees for Environmental Ethics filed a new case alleging that the fire retardant environmental reviews were flawed. FSEEE argues that the reviews failed to disclose the environmental effects of bulldozer line construction and other firefighting activities that are inextricably connected to retardant use. FSEEE also asserts that threatened and endangered species are not adequately protected from these activities. The U.S. Fish and Wildlife Service and NOAA Fisheries Service previously determined that fire retardant use jeopardized the continued survival of dozens of plant and fish species.AS |