Litigation between Allegheny Wood Products (AWP) and Friends of Blackwater, West Virginia Sierra Club, and Cheat Lake Environment and Recreation Association has been rescheduled. The case will open on November 14th in Wheeling, WV. AWP has agreed not to restart logging operations in the Cheat Canyon until there is a ruling.

The Endangered Species Act stipulates that whenever an activity will result in the disturbance (killing) of federally listed endangered species the company responsible for the disturbance must file for an "incidental take permit". This requires that a Habitat Conservation Plan (HCP) be prepared and approved. This does not prevent the activity from occurring, but does insure that steps will be taken to protect the habitat of an endangered species.

AWP makes the unlikely claim that they can log the Cheat Canyon without disturbing the Cheat three-tooth snail, and therefore they need not prepare an HCP. They base their position on a very questionable study in which snails were searched for in late fall, during the dormant part of their life cycle. The plaintiffs dispute this and want the endangered species act enforced. They believe that there is habitat consistent with the snail throughout the Canyon, particularly the river right bank below Even Nastier Rapid, which is where AWP plans to log next.

The three environmental organizations have paid for an extensive Cheat Snail Habitat Study and have excellent pro-bono representation. However, they are short of funds to pay travel costs and other expenses of their lawyers. Attorney Josh Barrett (from Charleston) and Eric Glitzenstein and Erin Tobin (from Washington, DC) have traveled extensively to take depositions and participate in pretrial conferences. They will need to travel to Wheeling for up to three days in November. They have prepared a strong case. Your continued support is needed.

Please make checks payable to "CLEAR" with the notation "Cheat Snail Project" and sent to:

Donna Weems, Treasurer
Cheat Lake Environment &Recreation Association
320 Dream Catcher Circle
Morgantown, WV 26508