Two environmental groups are pursuing an emergency court order to stop all timber salvage work on the Flathead National Forest to protect grizzly bear populations

But the Forest Service counters that the groups have failed to show how the timber harvests would cause "irreparable harm" to bears.

Keith Hammer of the Swan View Coalition filed for a temporary restraining order last week with U.S. District Judge Donald Molloy. Hammer's request is related to a lawsuit he filed in May with another group, Friends of the Wild Swan.

If granted, the order would shut down most of the Flathead National Forest's active timber program, with direct ramifications for western Montana lumber mills, loggers and log haulers.

Hammer's litigation is focused on management projects on national forest lands burned by wildfires in 2003 in the North Fork and west of Hungry Horse Reservoir.

Hammer contends that "timber harvest and motorized access to implement these projects is currently under way, and logging - including helicopter activities that are highly likely to disturb bears - is imminent in the most sensitive grizzly

bear habitat areas."

While trucks have recently been hauling logs that were decked last winter, contract helicopters have yet to arrive for work this summer. Logging activity could soon resume because the West Side Reservoir and Robert-Wedge post-fire projects authorize helicopter logging after June 15.

Hammer maintains that the Flathead Forest Plan prohibits motorized activity in "core" grizzly bear habitat during the summer - and helicopters would bring motorized activity to those areas.

But in its response to the court, the Forest Service said its projects are lawful and endorsed by the U.S. Fish and Wildlife Service. The response said that Hammer has "failed to provide evidence of irreparable harm."

It said that even a temporary suspension of work would substantially diminish the value of the timber salvage projects, increase the risk of beetle infestations and ultimately harm the grizzly bear population by delaying the implementation of road decommissioning aimed at improving grizzly bear habitat security.

Hammer's motion is aimed at nine timber sales in the Robert, Wedge Canyon and West Side Reservoir project areas, and five of those involve helicopter logging in grizzly bear habitat.

The Forest Service response said that in the Robert and Wedge project areas, logging would occur this summer on only 43 acres of 49,982 acres of core habitat in the North Fork.

West of the reservoir, it said, helicopter logging would occur on 781 acres of the 73,052 acres of core habitat.

The lawsuit filed April 29 mainly challenges the Flathead Forest's road management plans associated with the post-fire projects. Hammer contests the legality of "site-specific" forest plan amendments that allow deviations from road density standards required by the Flathead's long-range forest plan.

The Forest Service counters that the deviations were necessary and will not harm grizzly bears.

Flathead Forest officials said Tuesday that there is no telling when or if Judge Molloy may rule on the request for the temporary restraining order.

Reporter Jim Mann may be reached at 758-4407 or by e-mail at jmann@dailyinterlake.com