Forest Service released from court oversight

</element><element id="paragraph-1" type="body"><![CDATA[Judge Phil Gilbert has released the U.S. Forest Service from oversight of the Federal Court, ending the eight and a half year suit Glisson vs. U.S. Forest Service.

Gilbert effectively ruled the U.S. Forest Service has addressed issues involving regulation of horse campgrounds that plaintiffs Joe Glisson -- now in Florida -- Sam Stearns of McCormick and John Wallace of Carbondale argued were not being addressed.

"The suit asked that the Forest Service be required to obey its own rules regarding protection of the Shawnee National Forest from unregulated commercial horse campground traffic," Stearns said, in a prepared release.

In the years since the Forest Service has required campgrounds obtain outfitter/guide permits and has instituted the Trails Designation Project involving the closing of many user created trails and limiting horseback riding to designated trails built to withstand horse traffic.

Shawnee trail crews have been honored twice by the U.S. Forest Service in recognition of work in Lusk Creek Wilderness. In Wilderness Areas no motorized equipment is allowed so the crew used hand tools and stone to build new trails and improve existing ones.

The project also limits group sizes to 10 in the Garden of the Gods, Lusk Creek and Bay Creek Wilderness in an attempt to comply with the Wilderness Act provision for opportunities for solitude.

The Forest Service instituted of program of prohibiting horseback riding in Lusk Creek Wilderness for 24 hours following a 1-inch rainfall in 24 hours. Garden of the Gods Wilderness, Bay Creek Wilderness and Lusk Creek Wilderness are closed to horse riding between Dec. 1 and March 31.

Gilbert, the plaintiffs, the Shawnee Trails Conservancy -- which entered the suit as defendants on the side of the Forest Service -- and Forest Service personnel visited Lusk Creek Wilderness in the rain Wednesday to observe the progress made there.

Stearns said during the trip the group observed the trails, creek crossings and had the fortune of scaring up a young albino turkey.

Gilbert visited Lusk Creek Wilderness with the group three times during the course of the litigation and last year decided to extend the case another year. By closing the case Gilbert indicates he is satisfied with the work.

Stearns said Gilbert has pledged his continuing interest in forest protection and, if he deems it is necessary, could reestablish court oversight of the Forest Service.

-- DeNeal receives e-mail at bdeneal@yourclearwave.com.