Court injunction stops planned controlled burns in Hoosier National Forest

Editor's note: This story has been updated to correctly list the agencies that were part of the first lawsuit.

Another ruling has delayed the start of a vegetation management plan in the Hoosier National Forest that calls logging and controlled burns on more than 15,000 acres over 10 to 15 years.

Four agencies — Indiana Forest Alliance, Monroe County Board of Commissioners, Hoosier Environmental Council and Friends of Lake Monroe — filed this second lawsuit against the U.S. Forest Service in U.S. District Court for the Southern District of Indiana on Jan. 25. This followed a different lawsuit filed in May 2020 that is currently with the 7th Circuit Court of Appeals, where both the plaintiffs and defendants appealed the original court decision.

On March 29, the U.S. District Court for the Southern District of Indiana granted a preliminary injunction that stops any actions by the U.S. Forest Service as part of the Houston South Vegetation Management and Restoration Project.

More:Environmental groups file second suit in opposition to Hoosier National Forest project

Where in the Hoosier National Forest is the Houston South project?

The Houston South Vegetation Management and Restoration Project is in the Hoosier National Forest and includes more than 15,000 acres in Jackson and Lawrence counties south of Lake Monroe.

What was planned in the Houston South project and when was it to begin?

The Forest Service plan includes cutting trees, road building, and using herbicides and controlled burns over the next 10 to 15 years. The first phase was to begin on or about April 1 with controlled burns in three sections on 3,500 acres. Trees on about 4,300 acres would be cut over more than 10 years. The burning and logging would take place on portions of the land, not all of it. Herbicide application was scheduled to begin in late summer and the timber harvest was to begin in mid-October.

What did the 7th District Court rule in its injunction?

The injunction stops the Forest Service from implementing the Houston South controlled burn set to begin on April 1 and also orders the Forest Service to halt all activities related to the project until it can give sufficient evidence of how the project will not adversely affect Lake Monroe. Also, the District Court ruled the plaintiffs must post a bond of $11,596.

Why do the plaintiffs want to stop the Houston South project?

The Houston South project area is within the Lake Monroe watershed, which means streams, creeks and runoff from the area drain into the lake, which provides water for more than 120,000 people, including Bloomington. The plaintiffs believe sediment from the project will adversely affect the water quality of Lake Monroe.

What happened with the first lawsuit concerning Houston South?

A lawsuit, filed by Indiana Forest Alliance, Hoosier Environmental Council and the Monroe County Board of Commissioners, was filed in May 2020 to halt the Houston South project. On March 30, 2022, the U.S. District Court for the Southern District of Indiana issued a summary judgment that stated the Forest Service failed to evaluate the potential impact of the project. The judge ruled the Forest Service did not violate the Endangered Species Act, with the claim dismissed. The judge also dismissed claims that the Forest Service did not consider reasonable alternatives. Both the plaintiffs and defendants appealed and it is currently with the 7th Circuit Court of Appeals.