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Litigation and the Plum Creek Land Exchange

Environmental groups have challenged numerous public-private land exchanges in the courts. Litigation was a big enough concern for the Plum Creek Timber Company, that it actually filed a lawsuit against five environmental groups and the U.S. Forest Service seeking an order to prevent the groups going to court over the exchange after the initial land exchange with the U.S. Forest Service was finalized in 1998. Before a ruling was issued, the land exchange was revised and gained the support of most environmental groups. However, this final land exchange agreement, which was signed by Plum Creek, the Forest Service and eight environmental groups, includes a injunction barring the environmental groups from suing Plum Creek to challenge the exchange or to challenge the timber company's forest practices on the lands involved in the trade. Both of these incidents show timber company's concern over the effect of the courts in the policy process.