Taken from Gates AuSable Lodge web site.

Mason Tract Drilling

We've had a huge victory in our efforts to keep the Mason Tract a very special place. Honorable David M. Lawson of the U.S. District Court, Eastern District of Michigan, leveled his gavel on the U.S. Forest Service this past week. "The Forest Service acted arbitrarily and capriciously in finding that the leaseholder's (Savoy Energy, L.P.) proposed drilling project would have no significant environmental impact."

The Environmental Assessment and FONSI (Finding Of No Significant Impact) were declared inadequate as decision making tools. Much of Lawson's finding are based upon the lack of attention paid to the unique human recreational experiences that will be significantly affected by the proposed action and that the Forest Service failed to consider the effect of the proposed drilling on recreational opportunities.

He also cited the Forest Service for not considering an appropriate range of alternatives.
"First, it did not take the requisite "hard look" at the No Action alternative, since it mistakenly considered itself obligated by policy and by the terms of Savoy's lease to adopt an action alternative; second, the agency impermissibly narrowed the range of alternatives by only considering those consistent with Savoy's project objectives, rather than Forest Service goals."

The Council on Environmental Quality's regulations outline ten factors that federal agencies must evaluate when assessing the intensity of an action's environmental impact. The Forest Service overlooked or insufficiently addressed at least four of these intensity factors in issuing a FONSI. NEPA (National Environmental Protection Act) requires federal agencies to prepare an Environmental Impact Statement (EIS) for all major federal actions that "significantly affect the environment.

Here's a good conclusion.... "It is ORDERED that the defendants are RESTRAINED AND ENJOINED from using or relying upon and taking any action in reliance upon the Decision Notice, Environmental

Congratulations and Thank You Rusty Gates and The Anglers Of The AuSable for your hard work, dedication, and commitment to keeping this wonderful river as God ment it to be.