A plan to create a full-service, lift-assisted mountain bike park on the southwestern slope of Mt. Hood got a boost last week when United States District Court Judge Ann Aiken denied a motion by three nonprofit groups who aim to stop it.
Judge Aiken’s 21-page opinion (see it below) signed on March 31st denies a Motion for Reconsideration filed by four plaintiffs: Bark, Friends of Mount Hood, Northwest Environmental Defense Center, and Sierra Club. The defendants on the case were the U.S. Forest Service, three regional forest staffers, and the National Marine Fisheries Service.
The conservation groups have made several attempts to derail it through the courts and this is just the latest judgment to go against them.
As it stands, the project would build 17 miles of bike trails and a small skills park. When we first covered the park in 2010 we likened it to a major destination on the order of Whistler’s famous bike park. On a website (that has since been removed), Timberline said, “We see mountain biking as an integral part of our year-round recreation plan, and will treat this project as one of the primary pillars of our company’s future.”
Everything was going according to plan after the USFS issued a “Finding of No Significant Impact” with their 2012 permit approval. Then in May 2013, several nonprofits filed a complaint seeking judicial review of that decision. The groups alleged that the USFS has failed in their duty to uphold the National Environmental Policy Act (NEPA) and that more rigorous environmental analysis was required. In August 2013, a conservation group discovered the presence of Western bumblebees in the project area. USFS biologists analyzed that finding and determined the project, “may impact individual bees or habitat but will not likely contribute to a trend toward federal listing or loss of viability of the population or species.” Shortly thereafter, the plaintiffs filed another lawsuit7 saying that the USFS failed to perform additional environmental analysis on bumblebee populations and on steelhead.
