THEISSUES

The appeals court, however, said the state law did not explain what it means to “eliminate” a public waters wetland, and took the liberty to base its ruling that “eliminate” can also mean to “modify” public waters wetlands, and ruled that because the project would alter the characteristics of the public wetlands the city should apply this legal standard and re-assess whether an EIS is necessary.

The Leech Lake Band also said the project needed an EIS because the wetlands Huber planned to fill are a filter for water quality that nearby wild-rice beds depend upon. The court agreed, noting the city did not investigate or explain how wetlands replacement (as the project would entail) or stormwater controls would protect the wild-rice bed and other resources downstream.

The court said the city should reconsider given these rulings and then issue a revised decision on the need for an EIS. Huber’s withdrawal means such an exercise won’t be necessary.

The project would have replaced lost jobs and tax base as the adjacent Boswell coal-fired energy plant shuts down its coal burning units and possibly reconfigures to renewable energy sources.

An important note: The appeal from Leech Lake Band also asked the court to weigh the environmental effects potentially caused by air emissions from the new OSB plant. And asked the court to consider the volume of timber harvesting the new plant would require, saying it would be far more timber than the region can sustain with significant negative effects on wildlife and fisheries.

The city had determined there would be no significant environmental effects from either, given the air emissions permitting requirements and the forest sustainability data offered up by the city and Huber, including the point that even after the plant were to go into operation, regional forests would still continue to experience substantial net growth compared to har-

Mainevents

March

17—OptiSaw 2023, Hotel Le Concorde & Restos Plaisirs Group, Quebec City, QC, Canada. Visit optisaw.com.

22-24—Hardwood Manufacturers Association's National Conference and Expo, JW Marriott Nashville, Nashville, Tenn. Call 412-244-0440; visit hmamembers.org.

28-30—Kentucky Forest Industries Assn. annual meeting, Embassy Suites, Lexington, Ky. Call 502-695-3979; visit kfia.org.

29-31—International Wood Products Assn. 67th World of Wood Convention, Hyatt Regency, Savannah, Ga. Call 703820-6696; visit iwpawood.org.

May

15-19—Ligna: World Fair For The Forestry And Wood Industries, Hannover Exhibition Center, Hannover, Germany. Call +49 511 89-0; fax +49 511 89-32626; visit ligna.de. Listings are submitted months in advance. Always verify dates and locations with contacts prior to making plans to attend.

vest. The appeals court ruled in favor of the city as to “no significant environmental effects” and against the Band and the Minnesota environmental group.

In reading through the appeals court decision, you get the impression that somebody was throwing darts to see what sticks. In this case, air emissions and timber harvesting didn’t stick, but several acres of public waters wetlands did. This approach is nothing new to our industry (hello Northern Spotted Owl), but when it happens it’s always impossible to believe—good communities that need the economics take the hit.