According to the lawsuit, the philosophy amounts to a religion. The loggers contend that endorsement of the philosophy by the Forest Service is a violation of the First Amendment prohibition, which prohibits the government from favoring or endorsing one religion over another.
The loggers are also asking for $600,000 in damages to make up for lost business. The environmental groups named in the suit are the Superior Wilderness Action Network, based in St. Paul, Minnesota and Forest Guardians, which is located in New Mexico. Both groups want to limit timber harvests. The three defendants have asked the court to dismiss the case.
Michael Pinto, president of California’s Institute for Deep Ecology says, “Religion is faith-based. Deep ecology is not.” He characterized the philosophy as method of studying the interconnectedness of nature and humans.
But loggers believe deep ecology is similar to Native American religions that place nature at the center of creation. ``Much environmentalism draws upon the idea that nature is sacred,'' says Bron Taylor, a professor of environmental studies, religion and earth ethics at the University of Wisconsin at Oshkosh. Taylor has written and taught extensively on the subject.
The named environmental groups have caused major delays in logging by challenging timber sales in court. In the past three years, Forest Guardians has challenged 300 timber sales, but only won 50 of the challenges. Loggers say the delays can mean large financial losses, pointing out that a one month delay is nearly ten percent of a year’s revenue.
The Associated Press reports that logging in Minnesota's national forests has dropped by nearly 25 percent over the last four years. Some northern Minnesota loggers rely on national forests for 40 percent to 50 percent of their income, even though nationally, only about 4 percent of logging is done on federal land.
Forests cover 16.7 million acres (33%) of Minnesota's land area. The Forest Service owns 12.4 percent of the land.
Why should property rights advocates watch this case? Environmentalists have spent decades “converting” public opinion to a preservationist attitude. Under the guise of conserving natural resources, some groups are working towards getting people off the land and returning it to nature. Government regulation of private land is one of the group’s favorite tools. Using half-truths and junk science, the groups convince their members to lobby Congress and agencies to lock up private land without compensation.
Perhaps lawsuits like this will help clear a path back to enforcement of the Constitution.