West Virginia Sierra Club Press Release of February 18, 1999
The West Virginia Sierra Club and Allegheny Wood Products [AWP] signed an agreement February 18 ending logging and development on the 3000 acre tract AWP bought after it was sold by Allegheny Power in early 1997.
The Canyon has been the focus of continuous contention since the sale to AWP. Sierra Club and other environmental groups protested the sale and subsequent logging of the Canyon, maintaining that it is far too valuable for its stunning scenic vistas, quality recreation opportunities, and wildlife habitat.
West Virginia Sierra Club had earlier filed the required 60 day notice that it intended to sue AWP for violation of the federal Endangered Species Act in its operations in the Canyon. Once the waiting period expired in mid-January, a lawsuit over the Cheat Mountain salamander, Virginia northern flying squirrel, Indiana bat, and Virginia big-eared bat seemed imminent. AWP expressed interest in discussing a possible agreement that would avoid the suit.
Under the agreement, described as a "standstill agreement" by Jim Dougherty, Sierra Club’s attorney, logging and development in the 3000 acre tract [will] halt immediately. AWP will enter discussions with the Fish and Wildlife Service, the agency responsible for protecting endangered species. In return Sierra Club will not initiate lawsuits under the ESA. AWP will give 60 days’ notice of any change in plans to renew logging or development, at which time the Club will expect to press forward with legal action.
The agreement applies to the entire 3000 acre tract. This includes areas where logging had begun, as well as the 700 acre parcel being considered for a land swap with the Forest Service, the Lindy Point area, and the section abutting Blackwater Falls State Park where building lot stakes had been placed.
According to Dougherty, "This ought to be seen as a win-win situation. Both sides had to give in order to reach this agreement."
Jim Sconyers, Sierra Club conservation chair, stated, "We’re pleased by this agreement. It stops the logging. And it is the first recognition by the company that there are important public values in Blackwater Canyon."
Sconyers went on to add, "We realize this is not the solution of the Blackwater Canyon problem. We fully expect to be working harder than ever to achieve the goal we have always pursued -- public ownership of the Blackwater Canyon."
According to records in the West Virginia Division of Forestry, Allegheny Wood Products has filed a notice that it intends to log two additional small parcels outside of the 3000 acre tract covered by this agreement. As before, Sierra Club attorney Dougherty sent the required 60 day letter informing AWP of the Club’s intention to sue over logging in these parcels and any other land in the entire Canyon.
Contacts: Sconyers (304)789-6277 or (304)637-4082, Dougherty (202)488-1140.