(Here is one way to do it)

Press Release

Squirrels and Bats Sue Logger!

By Vivian Stockman (on behalf of the plaintiffs)

Under provisions of the Endangered Species Act (ESA), four endangered species, the West Virginia Highlands Conservancy and Heartwood have sued Petersburg-based Allegheny Wood Products (AWP) over its timbering and other ground-disturbing activities in the Blackwater Canyon.

The complaint, filed Thursday in US District Court in Elkins, alleges that AWP’s activities in the Blackwater Canyon will harm three federally listed endangered species -- the Virginia northern flying squirrel, the Indiana bat, the Virginia big-eared bat -- and one threatened species -- the Cheat Mountain salamander. The complaint also alleges that AWP’s activities within the Blackwater Canyon will harm essential habitat for the four species.

The animals are named as plaintiffs in the lawsuit. Charleston attorney Jason Huber filed the lawsuit on behalf of the threatened and endangered species. The Conservancy and Heartwood filed suit under the Citizens’ Suit Provision of the ESA, which provides individuals with a legal right to sue a private corporation when that corporation’s activities have harmed threatened or endangered species.

Through a series of letters to AWP, the US Fish and Wildlife Service clearly stated that the named species, and/or their habitat, exist in the Blackwater Canyon within areas AWP plans to timber. As a result of this correspondence and other information, on October 30, 1998 the two conservation organizations sent AWP a "Notice Of Intent to Sue." highlighting their concerns regarding the threatened and endangered species.

"Allegheny Wood Products has chosen this course by logging and road building in known endangered species habitat. The law is clear, these species deserve full protection. Extinction is forever. No corporation has the right to conduct practices that will harm threatened or endangered species," said Heartwood project coordinator, Jason Halbert.

The plaintiffs seek to have logging and other ground-disturbing activity stopped until surveys of the endangered and threatened species on AWP’s Blackwater Canyon property are completed, and until a Habitat Conservation Plan based on those surveys is filed with the Fish and Wildlife Service.

"There's a groundswell of public sentiment to protect these special West Virginia landscapes and the unique plants and animals that live there," said the Conservancy’s Judy Rodd. "Blackwater Canyon is a premium example of such a special area and we must stand up for the unique creatures there that can’t protect themselves."

Similar cases have succeeded in Alabama with the Alabama Beach Mouse, and in northern California with the marbled murrelet, a rarely seen coastal bird that nests high in coastal forests. The Endangered Species Act was signed into law in 1973 by President Richard Nixon. The Act has been very successful in protecting many species including the American Bald Eagle, once near extinction.

Formed in 1967 to preserve the natural beauty of the West Virginia highlands, the West Virginia Highlands Conservancy is the state’s oldest environmental advocacy

organization. The group was instrumental in creation of the Dolly Sods, Cranberry, and Otter Creek and other Forest Wilderness areas and in preventing the destruction of Canaan Valley wetlands. The organization is currently campaigning for the establishment of the Blackwater Canyon National Park.

Heartwood, based in Bloomington, IN and Charlottesville, VA is a coalition of environmental organizations including the Conservancy and the Ohio Valley Environmental Coalition. Heartwood’s primary interest and goals are the protection of the Eastern forests of the Central Hardwood region, and the forests’ interdependent plant, animal, and human communities _

(Here’s another way -- make Crites seem ridiculous, and also get the ball rolling for the Blackwater Canyon National Park)

Blackwater Biz

By Michael Hasty

(This article appeared in the Hampshire Review )

It must feel ridiculous to be sued by a squirrel.

Yet that is the situation of West Virginia timber company Allegheny Wood Products (AWP) and its owner, John Crites. AWP is the Petersburg-based company that in 1997 bought 3,000 acres of the Blackwater Canyon -- one of the state’s premiere tourist and recreation attractions, and a habitat for several endangered species. The company is presently logging the prime timber in the canyon, and has surveyed the property for possible condominium development there.

In addition to the Virginia northern flying squirrel, AWP is also being sued by the Indiana bat and the Virginia big-eared bat, who also live along the Blackwater River. All three plaintiffs are on the federal list of endangered species. They are joined in their lawsuit by a threatened species, the Cheat Mountain salamander, and two environmental groups (who presumably are handling the litigation, which was filed under provisions of the Endangered Species Act).

If this action strikes you as absurd, it is certainly no more absurd than the fact that the Blackwater Canyon - the "crown jewel" of West Virginia -- was sold to a timber company in the first place. At a time when it has become increasingly obvious that West Virginia needs to diversify its economy, it is suicidal folly to sacrifice such a valuable resource to the profits of one company -- regardless of the size of its owners’ contributions to the campaigns of the state’s politicians.

Particular blame for this situation can be placed at the doorstep of Governor Cecil Underwood, whose dutiful and well-rewarded worship at the altar of Mammon has come to characterize his administration of the state. When his own religious denomination, the Methodists, criticized the "mountaintop removal" technique of coal mining, the governor -- whose election year contributions from the coal industry exceeded half a million dollars -- accused them of fomenting "terrorism."

Similarly, Underwood has supported the logging of Blackwater Canyon as a case of "private property" rights -- irrespective of the damage that logging is inflicting on other state businesses, on the state’s image and identity, and on a natural environment incalculable in its value. Not only will the loss of endangered species make West Virginia less "wild," but closing to the public the most photographed view in the state, of West Virginia’s greatest natural wonder, has already made it less "wonderful," too.

Fortunately, besides the court litigation, there are other initiatives being taken to try to save Blackwater Canyon, including a movement to have it made a national park. For this to happen, West Virginia congressional representatives need to introduce a bill soon to authorize the National Park Service to undertake a "special resources" study of the canyon, as a first step towards park designation. I urge you to contact our representatives and encourage them to act quickly.

If a squirrel can file a lawsuit, how hard can it be for a human to write a letter?

(And visit politicians and write letters)

Make Your Perspective Count

By Katrina Ray and Lauren Tigue

As an effort to preserve the Blackwater Canyon we traveled to Washington DC on March 22 to speak to West Virginia’s Congressional Officers. We met with Congressmen Wise, Rahall, and Mollohan, and also with Senators Byrd and Rockefeller.

We learned that the urgent Blackwater Canon letters flowing into Byrd and Mollohan’s offices were prompting them to consider the importance of the issue. We thank everyone who has written letters, your efforts are making a difference.

We were informed that the first step in creating a National Park was to organize a special Resource Study from the National Park Service. So now is the time for citizens to take action and make their perspective count. Call or write Congressmen Mollohan and Senator Byrd and ask them to introduce a bill authorizing a Special Resource Study.

Alan B. Mollohan
2346 Rayburn HOB
Washington, DC 20515-4801
(202) 225-4172

Robert C. Byrd
311 Hart SOB
Washington, DC 20510
(202) 224-3954

We would like to thank Pam Moe-Merritt of the Rivers Coalition and Judy Rodd, Julian Martin, and Vivian Stockman of the WV Highlands Conservancy for all of their time and efforts with this issue and for allowing us to be part of this endeavor.

Katrina Ray and Lauren Tigue are the president and secretary, respectively, of the Tucker County High School Environmental Science Club.

(Wouldn’t it be great if John Crites would stop logging and donate the land to the state, nation and the world. Would not everyone including future generations be forever grateful to him?)