Groups sue Forest Service over illegal road plan in Lusk Creek Wilderness

Agency approved road-building and access scheme violate the Wilderness Act

Resource damage in the Lusk Creek Wilderness. Photo by Heartwood.

Wilderness Watch and Heartwood have sued the U.S. Forest Service to stop construction of a 2.5-mile road through the Lusk Creek Wilderness in the Shawnee National Forest of southern Illinois. The groups charge that the agency’s decision violates the Wilderness Act’s clear ban on permanent roads and motorized use in designated Wilderness, striking at the core of the protections Congress established. The suit also contends the agency unlawfully used a categorical exclusion to bypass review under the National Environmental Policy Act.

At the request of private landowners, the Forest Service approved construction of a major road that would not only reach a private inholding located a half-mile from the wilderness boundary but continue through Wilderness a full 2.5 miles to serve 87 acres of private land outside the eastern boundary. A small number of landowners have had limited, permissive access since the 1990 wilderness designation, but that permission restricted full-size vehicles during certain seasons and required review if resource damage occurred.

Earlier this year, however, the Forest Service invoked a categorical exclusion (CE) under the National Environmental Policy Act (NEPA) to green-light the road without preparing any environmental review. The plan would transform the existing primitive route into an all-season road capable of accommodating full-size vehicles hauling trailers. The project would also authorize the use of otherwise prohibited tools in Wilderness, including motorized equipment such as graders, brush cutters, and chainsaws, in order to build and maintain the route.

At 6,352 acres, the Lusk Creek Wilderness is known for its rugged canyons, diverse topography, and high-quality streams, including Lusk Creek itself, which is under consideration for Wild & Scenic River status. The Wilderness protects broad, relatively flat ridge tops and terraces that overlook narrow ravines and deep sandstone gulches.

“The Wilderness Act promises that places like Lusk Creek remain wild, free from roads and motorized intrusion,” said Wilderness Watch staff attorney Daniel Brister, “By authorizing this road, the Forest Service is breaking that promise—and we’re going to court to defend this special place in the way Congress intended.”

“The prohibition of roads and motor vehicles in wilderness is a critical aspect of the Wilderness Act, allowing for the protection of valuable water resources, the existence of undisturbed wildlife habitat, and opportunities for solitude and primitive recreation,” said Caitlin Stiltner, staff attorney with Great Rivers Environmental Law Center. “Upholding these restrictions is crucial for maintaining the integrity of designated wilderness and the Wilderness Act itself.”

“Lusk Creek Wilderness contains some of the best examples of eastern deciduous forests, unglaciated Shawnee Hills topography, and clear flowing streams existing in an undeveloped, natural condition in the state of Illinois and the region,” said John Wallace of Heartwood. “Since the Forest Service’s road would greatly impact the immediate and surrounding area, Heartwood is taking a stand to preserve its wild character.”

Based on limited information the agency provided the public, the number of users accessing these 87 acres has grown exponentially. Some have created their own off-road vehicle (ORV) routes, and the agency has approved new construction that would formalize these routes rather than restore the damage.

When Congress designated the Lusk Creek Wilderness, the access gate on this route was locked and keyed only for permit holders. In recent years, however, the gate has often been left open, leading to unchecked motorized abuse. Members of Heartwood and Wilderness Watch documented washed-out roads, erosion, and a network of illegal tracks that make parts of the Wilderness resemble an ORV playground. Click here for map and photos.

Wilderness Watch and Heartwood have urged the Forest Service to abandon its road-building plan, close the existing route through Wilderness, and either provide non-Wilderness access or evaluate the feasibility of a land swap or purchase to acquire the 87-acre parcel.

A copy of the lawsuit is available here: https://wildernesswatch.org/wp-content/uploads/2025/10/Lusk_Creek_Complaint.pdf

Heartwood is a regional network of organizations and individuals that protects forests and supports community activism in the eastern United States through education, advocacy, and citizen involvement. Their vision includes protecting and restoring native forest health and resisting logging, roadbuilding, and protecting wilderness values.

Wilderness Watch is America’s leading organization dedicated to defending the nation’s 112-million-acre National Wilderness Preservation System and keeping it wild. Their work is guided by the visionary 1964 Wilderness Act.

The groups are represented by Great Rivers Environmental Law Center, a public-interest law firm in St. Louis that safeguards natural resources, advocates for environmental justice, and provides legal support in cases that protect the land, water, and community health.

MEDIA CONTACTS:
Daniel Brister, Wilderness Watch, (406) 542-2048 ext. 6; danb@wildernesswatch.org
John B. Wallace, Heartwood, (618) 534-0939; forestally1@gmail.com
David Nickell, Heartwood, (270) 816-0837; dnickell57@gmail.com
Natalie Johnson, Great Rivers Environmental Law Center, (314) 231-4181, Njohnson@greatriverslaw.org

Resource damage in the Lusk Creek Wilderness. Photo by Heartwood.