HELENA — Discussions about which Montana forests should be designated for expedited logging weren’t covered by open-meetings law, a state attorney argued.
Attorney Mike Black asked a judge on Thursday to dismiss a lawsuit filed by three environmental groups that claim the meetings were illegal because they weren’t publicized in advance, Lee Newspapers of Montana reported.
District Judge Kathy Seeley of Helena did not immediately rule on the request.
State officials, some conservation groups and timber industry representatives participated in the meetings to advise Gov. Steve Bullock on what federal land should be considered for logging and other measures to improve forest health.
The process was authorized by Congress to treat insect infestations and disease.
Participants in the Montana meetings included the Montana Logging Association, Montana Wood Products Association, Trout Unlimited, the Greater Yellowstone Coalition and Bullock’s advisers.
On April 7, after the meetings, Bullock nominated about 8,000 square miles of land for expedited logging.
Wildwest Institute, Conservation Congress and Friends of the Bitterroot filed suit, saying the discussions should have been publicized in advance so others could have attended.
Summer Nelson, an attorney for the plaintiffs, told the judge Thursday that public policy was discussed at the meetings in an attempt to influence the governor’s recommendations, so the sessions were subject to the open-meetings law.
“So long as they gather and discuss a public policy issue, it’s open,” she said. “They don’t have to make a decision … All that’s required is that they meet and deliberate.”
Black argued the participants had no power to decide anything. He said state law does not require every meeting involving public employees discussing public policy to be publicized ahead of time.
He told Seeley the meetings were open and that the governor’s office provided information about them when asked.
Seeley appeared skeptical, asking, “Don’t you think it’s a little disingenuous to say it’s fully open if you don’t tell anybody about it?”