New Lord Flat Road suit filed
Published 5:00 pm Wednesday, October 2, 2002
Hells Canyon National Recreation Area (HCNRA) district ranger Kendall Clark confirmed Monday that the Hells Canyon Preservation Council (HCPC) has filed a new lawsuit against the Forest Service regarding the Lord Flat Road located near the eastern perimeter of Wallowa County along the boundary of the Hells Canyon Wilderness. The suit was served Sept. 25.
The lawsuit, filed in U.S. District Court, has been filedin federal court to prevent motorized vehicles from operating on some 15 miles of trail located on the plateau along the western side of Hells Canyon high above the Snake River. The expressed purpose of the suit is to protect wildlife habitat.
The suit parallels another suit undertaken in the early 1990s when the HCPC challenged a Forest Service decision to relocate 1 1/2 miles of the road to avoid crossing into wilderness territory. U.S. District Judge Robert Jones ruled in 1995 in favor of the Forest Service.
The latest suit contends that the 15 miles of trail go into and out of the wilderness, thus violating the provisions of the HCNRA Act.
The Lord Flat Road, or trail, was constructed as a fire road in 1960 and is popular with all terrain vehicle enthusiasts, especially with hunters. It is located north of Hat Point.
In a mid-August letter sent from Nez Perce Tribal Executive Committee chairman Samuel N. Penney to Wallowa-Whitman National Forest supervisor Karyn Wood Penney said, “The Tribe believes that, at a minimum, the Forest’s legal obligations require the exclusion of motorized vehicles from the Lord Flat Road to protect wilderness values in Hells Canyon.”
Clark said that the suit has just been filed and that it is too soon to make any public comments.
A copy of the letter, as well as the lawsuit was to the Chieftain by HCPC.
In its suit, the HCNRA charges the USFS with violations of the Hells Canyon NRA Act and with the Wilderness Act.