LONDON — U.S. District Judge Danny C. Reeves recently granted a motion from the United States Forest Service to dismiss a federal civil suit filed by local environmentalist and historian Robert Stephens last year.
Stephens — representing himself — filed suit in August 2007 to halt the East Stearns Fuel Treatment and Preparedness Project which encom-passes prescribed burning of several thousand acres of Daniel Boone National Forest.
The Forest Service believes the project will reduce the “risk of catastrophic wildfire and improve forest health” while Stephens maintains that prescribed burning is detrimental to air and water quality in McCreary and surrounding counties.
In June the defendants filed a motion to dismiss citing the court’s lack of jurisdiction. USFS, represented by Acting United States Attorney James Zerhusen, claimed that Stephens did not seek all available remedies with the agency before filing suit.
Stephens failed to appeal in writing the agency’s July 2007 decision in accordance with Forest Service regulations. In fact the 45-day appeal period did not end until September 7, 2007 — about a week after Stephens filed suit at the U.S. District Court in London. According to DBNF Environmental Coordinator Paul Finke, no appeals were filed regarding the East Stearns Project.
“The Plaintiff concedes he has not exhausted his administrative remedies, but suggests such exhaustion would be futile,” Zerhusen wrote in his motion, noting that the Sixth Circuit requires proof of futility. “The Plaintiff has made no such showing, but has merely expressed his opinion that exhaustion should not be required.”
In his reply, Stephens wrote that he has followed the Forest Service’s procedures on many occasions but has never been granted relief by the agency. He also claims a “recent attempt to meet with the DBNF Supervisor was denied.”
Stephens attributes McCreary County’s disproportionately high cancer rate to Forest Service practices, including the use of herbicides and prescribed burning.
“There has been no consideration of the local human population of the impacts these actions have on the Environment, with respect to the people who live along the ridges and in the valleys within our borders,” Stephens, representing himself, writes. “…People living in the area are simply ignored.”
On September 30, Judge Reeves ruled in favor of the Forest Service.
While the court is not necessarily barred from reviewing such cases, Judge Reeves had to consider whether an administrative appeal from Stephens would have been futile.
“Stephens does not deny his awareness of and failure to comply with the appeal process. However, he makes reference to previous attempts to follow the USFS’s administrative appeal process,” the judge wrote. “…Based on these claims, the Court must determine whether Stephens has established the appeal process would be an exercise in futility.”
Judge Reeves ultimately found that Stephens’ “conclusory statements” with no specific occurrences listed to support them were not enough to allow the case to continue.
“Without more, he fails to satisfy the stringent futility exception to the exhaustion requirement,” Judge Reeves wrote.
Local News
Suit against USFS dismissed
Robert Stephens hoped to stop prescribed burns
- Local News
-
- WEB SPECIAL: VFW hosting Memorial Day observance
-
Congratulations Class of 2012!
STEARNS — Just over 200 seniors took part in Saturday’s graduation ceremony at McCreary Central High School.
Both Chelsea Vaughn in her invocation and Class President Jessica Neal paid -
Pine Knot man arrested in hostage situation
WHITLEY CITY — A man distraught over the end of his marriage has landed himself in deeper legal trouble.
William Steve Gibson, 49, of Pine Knot was lodged into the McCreary County -
Scott hospital closing
ONEIDA — The hospital in closest proximity to most McCreary Countians is in the process of shutting down after more than 57 years.
The 25-bed facility in Oneida is owned by Scott County, whose commission had -
Local historian leaves his mark on McCreary
MARSHES SIDING — Last week McCreary County bid farewell to one of its most renowned citizens.
Robert Ernest Stephens, 91, passed away last Tuesday, May 15, at his home -
Schools faced with staffing reductions
STEARNS — The McCreary County Board of Education met last week with the unenviable task of cutting at least $1.1 million from the school district’s upcoming budget.
-
Voter registration up from last year
WHITLEY CITY — Next week voters will go to the polls and select their parties’ nominees for state representative, congressman and President in November’s General Election.
-
Gathering Steam
STEARNS — Those attending the 4th annual K&T Railfan Day on Saturday got a special treat as Steve Lee, project manager for Wasatch Railroad Contractors, led a shop tour featuring the “Old #77.”
-
Then and Now
STEARNS — Wilburn Ross, the only recipient of the Congressional Medal of Honor to hail from McCreary County, was in town last week to celebrate his 90th birthday.
-
WEB SPECIAL: Holt case to be featured on 48 Hours Mystery
McCreary native Toby Holt, who was convicted of manslaughter in Florida earlier this year, will be featured on Saturday night’s episode of 48 Hours Mystery on CBS stations.
- More Local News Headlines
NJ Man Charged With Murder in Death of Patz
Support, Fun for Kids of Fallen Soldiers at Camp
Fugitive Penguin Caught, Returned to Aquarium
50 Years Later, Underground Fire Still Burning
Light Show Transforms Sydney Opera House
Raw Video: Unruly Passenger Restrained in Miami
Raw Video: Robber Uses Drive-thru Window
Raw Video: Dragon Arrives at Space Station
Calif.'s Coronado Named Nation's Best Beach
CEO Salaries Become Sore Issue in Labor Disputes
Raw Video: Fight Erupts in Ukrainian Parliament
Texan Ranchers Remain Wary of Drought
Raw Video: Soldiers Plant Flags at Arlington
Police: Man Arrested in Etan Patz Disappearance
NYC Protests: the Revolution Will Be Scripted
Chicago U.S. Attorney Fitzgerald Resigns
Neighbors of Etan Patz's Suspect: It's Shocking
Gulf Fishermen Reel From Seafood Troubles
Stuntman Makes Skydive Without Parachute in UK
Raw Video: Bride Who Faked Cancer Released
