| Abstract: | In response to a plan devised by the United States Forest Service to clearcut a large portion of Texas national forest for timber production, the Texas Committee on Natural Resources perceived the failure of the Forest Service to designate substantial wilderness areas in Texas to be a violation of the Multiple Use Sustained Yield Act and thus instituted the case against defendants Earl L. Butz (United States Secretary of Agriculture), John R. McGuire (Chief, United States Forest Service), and John Courtenay (Forest Supervisor, Sam Houston National Forest). The court ruled that because the Forest Service failed to conduct a thorough environmental impact study before devising their clearcut policy, there was just cause warranting a preliminary injunction against the defendants until full conclusions could be made by the court at a later date. |
| The collection includes ten bound volumes of the proceedings of the oral hearing on Texas Committee on Natural Resources v. Butz. | |
| Title: | Texas Committee on Natural Resources v. Butz Hearing Proceedings, 1976 |
| Repository: | Forest History Society Library and Archives |
| Call Number: | 3962 |
| Language of Material: | Material in English |
| Extent: | 1.5 linear feet (10 volumes in 1 record carton) |
In response to a plan devised by the United States Forest Service to clearcut a large portion of Texas national forest for timber production, the Texas Committee on Natural Resources perceived the failure of the Forest Service to designate substantial wilderness areas in Texas to be a violation of the Multiple Use Sustained Yield Act and thus instituted the case against defendants Earl L. Butz (United States Secretary of Agriculture), John R. McGuire (Chief, United States Forest Service), and John Courtenay (Forest Supervisor, Sam Houston National Forest). The court ruled that because the Forest Service failed to conduct a thorough environmental impact study before devising their clearcut policy, there was just cause warranting a preliminary injunction against the defendants until full conclusions could be made by the court at a later date.
Plaintiff
Texas Committee on Natural Resources
Defendants
EARL L. BUTZ, Secretary of Agriculture of the United States; JOHN R. McGUIRE, Chief, Forest Service of the United States Department of Agriculture; JOHN COURTENAY, Forest Supervisor, Sam Houston National Forest, Forest Service of the Department of Agriculture
Facts of the Hearing
Prior to the hearing, the Forest Service of the Department of Agriculture had devised a plan to clear cut a large portion of Texas national forest for timber production. The Texas Committee on Natural Resources perceived the failure of the Forest Service to designate substantial wilderness areas in Texas to be a violation of the Multiple Use Sustained Yield Act, which requires a forest to be managed in such a way as to provide a sustained yield of all its resources. At the hearing, the plaintiff asked the Court for a permanent injunction enjoining the further implementation of the plan to clear cut timber until the Forest Service submitted a revised plan giving adequate consideration to other uses of the land. The Court decided that the Forest Service plan constituted a major federal action which could significantly affect the environment, and as such, it should have been covered by an environmental impact statement. At the time of the hearing, the Forest Service apparently had not conducted a thorough study of the impacts its plan might have on the environment; therefore, the Court ruled that there was just cause warranting a preliminary injunction against the defendants until full conclusions could be made by the Court at a later date.
The collection includes ten bound volumes of the proceedings of the oral hearing on Texas Committee on Natural Resources v. Butz.
1. Testimony from the Hearing, 1976
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[Identification of item], Texas Committee on Natural Resources v. Butz Hearing Proceedings, Library and Archives, Forest History Society, Durham, NC, USA.
Received from the National Forest Products Association in February 1982.
Processed by Michele Justice, June 1990
Encoded by Amanda Ross, October 2008
Funding from the National Historical Publications and Records Commission supported the encoding of this finding aid. Support for digitization and outreach provided by the Alvin J. Huss Endowment.