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Judge will hear ski area debate Sierra Club wants to stop proposed sewage plant By PAUL FATTIG A U.S. District Court judge early Tuesday afternoon will hear the merits of a request for a preliminary injunction to block the construction of a proposed sewage treatment plant for Ski Ashland. Judge Robert E. Jones in Portland will consider the request, filed by the Rogue Group Sierra Club last month. The lawsuit against the Forest Service is based on the group's concerns that the proposed waste treatment facility could contaminate the Ashland Creek watershed. In addition, the group argues that allowing construction of the new facility would open the door for the controversial Ski Ashland expansion plans, which it also opposes on environmental grounds. Both the Forest Service and the Mount Ashland Association, an intervener in the case, say the new sewage facility poses no environmental threat. They also argue that the new facility is not connected to the expansion proposal of the publicly owned resort located within the Ashland Ranger District of the Rogue River National Forest. Basically, the judge will hear both sides of the argument, then determine if there is just cause to block construction. "We think our NEPA claims are very strong," said Peggy Hennessy who, along with fellow Portland environmental attorney Gary Kahn, represents the Sierra Club. The lawsuit argues that the proposal violates several aspects of the National Environmental Policy Act, including the requirement that connected actions be analyzed in the same NEPA document. If the injunction isn't granted, Ski Ashland could move forward with its plans to build the plant, said Jeff Hanson, the ski resort's assistant general manager. The Mount Ashland Association has had an agreement with the Rogue Group not to proceed with its sewage treatment plant until the court issue is settled. However, there is precious little time left to construct the facility this year before the snow flies, he said. "We feel like this is very close to being the latest we could start construction," Hanson said. Although the defendants say the current sewage facility -- built in 1981 as a temporary treatment plant -- is failing and needs to be replaced now, the plaintiffs disagree. Documents obtained through a Freedom of Information request indicate the plant operated at 80 percent efficiency during the 1997-98 skiing season, said Charlotte Holzkamper, chair of the Rogue Group. "They are really not hurting as bad as they say they are," she said. Meanwhile, the draft supplemental environmental impact statement for the proposed expansion plan is not expected to be completed until September at the earliest, according to the Forest Service. A 45-day public comment period will be held after its release. Mail Tribune Copyright � The Mail Tribune 1999, Medford, Oregon USA