CHARLESTON, WV -- An endangered species lawsuit filed by two conservation groups against Allegheny Wood Products (AWP) over its timbering and ground disturbing activities in Blackwater Canyon is resulting in much needed surveys of federally listed threatened and endangered species within the canyon, according to the organizations’ lawyer, Jason Huber.

Huber, representing the West Virginia Highlands Conservancy and Heartwood, said all parties have agreed that rules governing litigation allow for litigants to conduct studies to survey for threatened and endangered species and their habitats.

Northern District Court Judge Maxwell has ordered a delay on any additional discovery in the case until experts for both sides can conduct the necessary inspection and surveys of threatened and endangered species and their habitat in the entire canyon. The litigants are now working out details in order to commence the studies.

"This is a tremendous opportunity for both sides in the litigation to go in and do a comp- rehensive survey," Huber said. "Such a survey has never been done and it is essential in deter- mining the existence, location and habitat of the involved threatened and endangered species."

Before the judge’s order, AWP had stalled for two years in following through on US Fish and Wildlife Service (USFWS) recommendations that surveys be conducted in potential habitat areas, and that a field review be arranged to specifically locate the threatened and endangered species.

The USFWS first acknowledged that the Blackwater Canyon, where AWP was logging, is home to the endangered Virginia northern flying squirrel, at its southernmost range within the canyon, and the threatened Cheat Mountain salamander, which exists only on two other West Virginia mountains. Later, the Service agreed with the Conservancy that the canyon could also be home to the endangered Indiana bat and Virginia big-eared bat.

The lawsuit, filed on behalf of the threat- ened and endangered species, alleges that AWP’s activities in the Blackwater Canyon will harm the salamanders, flying squirrels and bats, and their essential habitat, in violation of the Endangered Species Act.

AWP has logged on 1600 acres within the canyon and says it has no current plans for further logging. The Company has produced plans for a huge condominium resort along parts of the Canyon’s rim, and had applied for a 300,000 gallon per day wastewater treatment permit. The Division of Environmental Protection denied the permit.

The company has publicly stated that it isn’t intending to develop the resort, but instead produced the plan to help raise the value of their canyon property.

"We are happy AWP is cooperating with this phase of the lawsuit," said Jason Halbert of Heartwood. "This is the first of many steps which will prove our allegations that the company’s past and proposed future activities in the Canyon have and will violate the Endangered Species Act."

"We are very excited that our experts will be permitted onto the canyon to study the rare critters that live in this special landscape," said Vivian Stockman, spokesperson for the Conservancy’s Blackwater Canyon Committee. "Our goal of establishing the Blackwater Canyon National Park will be aided by the information we obtain through this survey."

The Blackwater Canyon is one of West Virginia’s most recognized tourist attractions. A coalition of state, regional and national environ- mental groups are calling for the formation of a Blackwater Canyon National Park.