Zinke Introduces Bill to Address Cottonwood Decision and Bring Common Sense Back to Montana’s Forests
The Cottonwood Decision has been disastrous in the west for over a decade
(Washington, D.C.) - Today, Representatives Ryan Zinke (MT-01) and Dan Newhouse (WA- 4) introduced the Ending Endless Litigation Act, aimed at addressing the challenges posed by the Cottonwood court decision, which has destroyed logging and significantly hindered forest management projects across Montana and the West. Zinke has introduced similar legislation before, including during his first term in Congress in 2016.
The Cottonwood decision, which stemmed from a lawsuit by the Bozeman-based Cottonwood Environmental Law Center, requires the U.S. Forest Service to reinitiate consultation with the U.S. Fish and Wildlife Service for forest management projects in designated critical habitat areas for endangered species, including the Canada lynx. The court ruling has destroyed the logging industry, created a backlog of forest management plans, and hindered wildland firefighting.
“Montana's forests need to be managed in a responsible, science-based way," said Zinke. “For years, the Cottonwood decision has been tying up crucial forest management projects in endless litigation, making it harder for loggers, firefighters, and wildlife managers to protect our communities and feed the economy of Western Montana. This bill takes a commonsense approach by allowing us to get back to the important work of managing our forests.
The bill seeks to provide a permanent legislative fix to the Cottonwood decision, ensuring that re-consultation with wildlife agencies is required only in cases where there are substantial new developments or changes to existing forest management plans. This reform would help prevent a never-ending cycle of re-consultation, allowing forest management projects to move forward more efficiently and effectively.
Background
Zinke has introduced similar legislation on two separate occasions, in 2016 and 2023. Both bills received bipartisan support and broad support from conservation groups but never progressed past introduction. Zinke is confident that with a new administration and Senate, progress on this fix can be made.
Read the full text of the bill here.
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