BEND, Ore. — A federal judge has ruled against a request for a temporary restraining order to halt the Cabin Butte Vegetation Management Project, a massive forest restoration initiative south of Bend, Oregon, set to begin early Thursday morning. The ruling by U.S. District Judge Michael J. McShane paves the way for the project to move forward, despite opposition from homeless residents and advocacy groups.
The Cabin Butte project, which is designed to reduce the risk of wildfires in the area through prescribed burns and mechanical thinning, will close a 40-square-mile portion of the forest for at least a year. Authorities have warned that enforcement will be strict, with anyone found in the closure area after May 1 facing potential fines of up to $5,000, imprisonment for up to six months, or both.
The request for the restraining order was filed by a group of individuals living in the closure area, along with homeless service providers Eric Garrity and Charles Hemingway. The plaintiffs, who represent dozens of homeless residents, argue that the Forest Service failed to adequately consider the human impact of the project. Many of the individuals living in the area, they say, are disabled and rely on the forest for shelter. In their complaint, they also claim that the Forest Service did not give sufficient public notice about the project, which they contend had been in the works since October 2019.
While the Forest Service has acknowledged that it considered the environmental consequences of the project, the agency maintains that it communicated with residents and advocacy groups over the past several months. According to the agency, ample notice was provided to residents of the closure area to allow for relocation before the project begins.
The court’s decision to allow the project to proceed without a restraining order was based on the understanding that it was set to begin in just two days. The judge noted that a written opinion would follow, but the ruling made clear that the project’s start would not be delayed.
The project, which has been in the planning stages for several years, aims to mitigate the threat of wildfires in a region that has experienced increasingly severe fire seasons. By thinning dense forested areas and conducting controlled burns, the Forest Service hopes to reduce the risk of catastrophic wildfires that could threaten both the environment and local communities.
However, the project’s impact on the homeless population living in the area has sparked significant concern. The plaintiffs argue that while the Forest Service focused on the ecological benefits, it overlooked the vulnerability of individuals living in the forest, many of whom have established long-term residences there.
The legal battle highlights the ongoing tension between environmental protection efforts and the complex issue of homelessness. As communities across the country grapple with the challenges of homelessness, this case underscores the need for more nuanced approaches that consider both the environmental and human dimensions of public land management.
With the court’s ruling, the clock is ticking for the individuals living in the closure area, who now face a difficult decision. As the Forest Service prepares to begin its restoration efforts, the fate of the homeless residents hangs in the balance.
