On September 30, Wilderness Watch and Heartwood sued the U.S. Forest Service to stop construction of a 2.5-mile road through the Lusk Creek Wilderness in the Shawnee National Forest of southern Illinois. We’re represented by Great Rivers Environmental Law Center. The agency’s decision violates the Wilderness Act’s clear ban on permanent roads and motorized use in Wilderness, striking at the core of the protections Congress established. The agency also unlawfully used a categorical exclusion to bypass review under the National Environmental Policy Act. The Wilderness Act promises that places like Lusk Creek remain wild, free from roads and motorized intrusion. By authorizing this road, the Forest Service is breaking that promise—and we’re going to court to defend this special place in the way Congress intended. At the request of private landowners, the Forest Service approved construction of a major road that would not only reach a private inholding located a half-mile from the wilderness boundary, but continue through Wilderness a full 2.5 miles to serve 87 acres of private land outside the eastern boundary of the Lusk Creek Wilderness. A small number of landowners have had limited, permissive access since Lusk Creek was designated as Wilderness in 1990, but that permission restricted full-size vehicles during certain seasons and required review if resource damage occurred. Earlier this year, however, the Forest Service invoked a categorical exclusion (CE) under the National Environmental Policy Act (NEPA) to green-light the road without preparing any environmental review. The plan would transform the existing primitive route into an all-season road capable of accommodating full-size vehicles hauling trailers. The project would also authorize the use of otherwise prohibited tools in Wilderness, including motorized equipment such as graders, brush cutters, and chainsaws, in order to build and maintain the route. At 6,352 acres, the Lusk Creek Wilderness is known for its rugged canyons, diverse topography, and high-quality streams, including Lusk Creek itself, which is under consideration for Wild & Scenic River status. The Wilderness protects broad, relatively flat ridgetops and terraces that overlook narrow ravines and deep sandstone gulches. Based on limited information the agency provided the public, the number of users accessing these 87 acres has grown exponentially. Some have created their own off-road vehicle (ORV) routes, and the agency has approved new construction that would formalize these routes rather than restore the damage. When Congress designated the Lusk Creek Wilderness, the access gate on this route was locked and keyed only for permit holders. In recent years, however, the gate has often been left open, leading to unchecked motorized abuse. Members of Heartwood and Wilderness Watch documented washed-out roads, erosion, and a network of illegal tracks that make parts of the Wilderness resemble an ORV playground. Wilderness Watch and Heartwood have urged the Forest Service to abandon its road-building plan, close the existing route through Wilderness, and either provide non-wilderness access or evaluate the feasibility of a land swap or purchase to acquire the 87-acre parcel.
Click here to read the lawsuit. | 
