are necessary to effectively control the threatened outside harm that prompts the action being taken." Id. at 5-6.
Plaintiffs do not challenge this interpretation of Section 4(d)(1), but rather persist in urging that the Secretary has not demonstrated that any boundary cutting of Wilderness Areas for the benefit of adjacent state and private timberland is "necessary" within the meaning of the Section.
Plaintiffs argue that no action by the Secretary can be deemed "necessary" unless the Secretary has first proven by scientific evidence that the contemplated spot-control cutting will be further effective in accomplishing the desired objectives. They seize on a dictionary definition of "necessary," arguing that it can only mean "essential to a desirable . . . end," and urge that if control measures intruding on wilderness values have not been scientifically proven effective, by definition they cannot be necessary -- i.e., essential -- to control beetles.
Plaintiffs suggest the Secretary has little or no basis for concluding that the various spot-control methods that may be employed in the program will have any significant effect in controlling the spread of beetles to contiguous areas, and they attack past studies of control methods as scientifically unsophisticated, emphasizing that only area-wide control efforts can check the beetles. They note that in the regions of the country where spot control is contemplated under the program, beetles are generally present in both wilderness and non-wilderness areas, in varying degrees. Thus, the beetle does not present a natural hazard present only in Wilderness Areas that uniquely threatens uninfested adjacent lands; rather, it is indigenous to pineland areas generally, with beetles spreading back and forth between wilderness and non-wilderness land. Plaintiffs conclude that if control methods are adopted at all, they must be designed to check spread of the beetle in an entire area of pineland, because there is no other way of scientifically ensuring that even successful spot control applied in the border of a Wilderness Area will have lasting protective benefit to adjacent lands.
The degree of effectiveness of the spot-control methods to be employed under the program does remain in doubt. The record establishes considerable differences of opinion among biologists and other scientists studying the problem. The Secretary stresses the narrowness of the control allowed under the program, and the fact that a site-specific analysis must be employed before each control effort is undertaken. He cites numerous prior control efforts as supporting his view that the methods of spot control employed in the program have efficacy, and has concluded that the program will minimize significant harm from the spread of beetles.
Whether the Secretary has met his burden, on this record, of justifying intrusion on wilderness values for the benefit of adjacent landowners depends initially upon how Section 4(d)(1)'s allowance of "necessary" measures is interpreted. If plaintiffs are correct that only measures which are proven to be fully successful in effectively preventing the spread of beetles in an entire area are to be allowed, then the Secretary has failed to meet his burden; he admits that effective area-wide control measures have not yet been identified. If the statute incorporates a less stringent necessity standard, however, the record will support the Secretary's judgment.
Plaintiffs read the Act too broadly. First, there is no ground for concluding that Congress used the term "necessary" in the absolute sense urged by plaintiffs. Under the statute, various measures are authorized to the extent that they "may be necessary in the control . . . of insects. . . ." The most natural reading of the Section focuses on the phrase "necessary in the control." In this context "necessary" simply embraces measures "needed to achieve a certain result or effect," American Heritage Dictionary of the English Language 877 (1981) -- that is, measures that are needed as part of a program designed to control, in the sense of restrain or curb, beetle infestations. Cf. McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316, 421, 4 L. Ed. 579 (1819) (construing the necessary and proper clause of art. I, § 8, cl. 18, as sanctioning "all means which are appropriate, which are plainly adapted to [the desired] end").
The pertinent section of the statute is therefore most reasonably construed as allowing the Secretary to use measures that fall short of full effectiveness so long as they are reasonably designed to restrain or limit the threatened spread of beetle infestations from wilderness land onto the neighboring property, to its detriment.
The degree of efficacy of various control methods is not to be debated between various scientists and resolved before this Court. The Secretary's judgment that the control measures authorized are reasonably efficacious is entitled to respect under Section 10 of the Administrative Procedure Act, 5 U.S.C. § 706(2)(A) (1982), unless shown to be "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law."
Although the Secretary has not conducted the most elaborate studies of the proposed measures that are scientifically possible, and perhaps would have welcomed funds enabling him to do so,
the Court is satisfied that his judgment is reasonable given the information now available from the past actual experience of the Forest Service in combating the beetle threat, and available scientific opinion. Of great importance is the fact that the effectiveness of these measures will ultimately be determined by specific study of each potential spot-control site, and a decision to cut does not rest upon the promulgation of the Secretary's underlying policy decision alone.
One further point must also be stressed. The Secretary's burden under Section 4(d)(1) affirmatively to justify control actions taken for the benefit of adjacent landowners is grounded on the need to ensure that wilderness values are not unnecessarily sacrificed to promote the interests of adjacent landowners which Congress authorized the Secretary to protect. The Secretary has now made clear that unless adjacent landowners and federal authorities responsible for neighboring lands are following all reasonable means for combating beetles, the well-settled policies governing preservation of Wilderness Areas will not be compromised. Vigorous control efforts along the borders of wilderness land will be undertaken, therefore, only when met by equally vigorous efforts on adjacent land, ensuring that the burden of beetle control will not fall disproportionately on the Wilderness Areas. Those who seek protection of their lands must demonstrate to the Forest Service a willingness to share the burden of acting in a manner that will minimize any necessary intrusions upon wilderness values.
There are no material facts in dispute. The Secretary has met his burden. The Secretary's action is rational and not arbitrary. It constitutes a proper exercise of his discretion and contemplates action consistent with the requirements of the Wilderness Act as interpreted by the Court. Accordingly, defendants' motion for summary judgment is granted on all issues except the Endangered Species Act claim, which is moot, and plaintiffs' motion for summary judgment is denied. Each side shall bear its own costs. An appropriate Order is filed herewith.
Upon consideration of defendants' motion for summary judgment on all issues and plaintiffs' cross-motion for summary judgment on the Wilderness Act claim, and it appearing that the parties are in agreement that the National Environmental Policy Act has been satisfied and that the Endangered Species Act claim is moot, it is, for the reasons stated in an accompanying memorandum, hereby
ORDERED that defendants' motion for summary judgment on the Wilderness Act and National Environmental Policy Act claims is granted, and the complaint is dismissed, with prejudice; and it is further
ORDERED that plaintiffs' cross-motion on the Wilderness Act claim is denied.