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JUDGE'S BOLD MOVE COULD END BATTLE OVER SHAWNEE

Sunday, March 6, 2005 7:05 AM CST

Southern Illinois is blessed with the natural beauty of the Shawnee National Forest, yet the forest has also been a troubled battleground fought over by environmentalists, horse enthusiasts, hikers and the U.S. Forest Service.

Lawsuit after lawsuit has been filed by and against all parties named here with the controversy centering on protection of the wilderness vs. the public's right to use of the public land. With both sides firmly entrenched in their beliefs and with little sign of movement by either side toward a middle ground, it is evident the controversy will continue indefinitely.

But a surprise move this week by U.S. District Judge J. Phil Gilbert should give hope to the region that possibly, just possibly, some progress can be made toward a workable solution.

Judge J. Phil Gilbert took an unprecedented step when he volunteered to take off his judicial robe and step into the role of mediator with regard to the ongoing battle over usage of the Shawnee National Forest.

For 13 years, Gilbert in his role as federal judge has heard arguments and presided over court battles regarding the forest. Passions and emotions run high on both sides and neither side has been willing to surrender much ground.

At the center of the battle is the legal conflict which involves an area that is located in Eddyville, near Lusk Creek Wilderness -- an area that in recent years has witnessed an increasing number of visitors, both horseback riders and hikers that are using the public lands. Seeing it as a boon to the area, tourism groups promoted equestrian use in the area to the point that it became an economic engine for that region. But, with the added equestrian traffic damage was also created, alarming environmental groups. That combination provided a three-way battle that led to lawsuits and counter suits.

While the battle has lingered in the courtroom for all of these years, the time, frustration and anger have combined to create a cauldron of mistrust and petty attacks lobbed back and forth between the parties on the ground.

To the outside, the disagreement might seem easy to resolve: Provide the horse enthusiasts access to some ground but ensure protection of these public lands so that future generations will be able to enjoy their beauty.

But compromise has been hard to reach. At times, it's been difficult to organize a civil discussion between the angry parties.

In January, the judge put on his hiking boots and took a fresh look at the lands in question. He believed he saw a solution. He then met individually and received information from parties involved and the judge made a list of recommendations that were mailed to all parties last week. Gilbert gave those involved 15 days to either accept or reject his recommendations.

Early indications are that the horse enthusiasts, environmentalists and U.S. Forest Service are still a bit wary about the judge's recommendations.

However, it is hoped that they will pledge to consider the recommendations and bring some peace and closure to this long-simmering disagreement. Will everyone get everything they want? Not likely. But compromise is the solution and it's important that both parties be willing to negotiate and resolve the disagreement. .

We commend Judge Gilbert for his bold attempt to bring some common sense to this situation.

Now the ball is in the court of those who have been battling for year. It is hoped that these parties will come to see that the Shawnee National Forest is something we all have a responsibility to protect as well as a right to enjoy.

After years of struggle and ill will, there might finally be light at the end of the tunnel.