Forest Service mulls roadless ruling
By MATT JOYCE
Associated Press writer Thursday, August 14, 2008
[oas:casperstartribune.net/news/wyoming:Middle1]
CHEYENNE -- The U.S. Forest Service said Wednesday it's reviewing a federal judge's rejection of a 7-year-old ban on building and logging in undeveloped national forests as environmentalists rushed to appeal the court ruling.
Forest Service spokesman Joe Walsh said agency attorneys were considering the implications and how to respond to the ruling issued Tuesday by U.S. District Judge Clarence Brimmer of Wyoming.
Brimmer ordered a permanent injunction against the federal government's roadless rule in response to a lawsuit filed by the state of Wyoming. Brimmer said the rule was enacted in violation of the National Environmental Policy Act and the Wilderness Act.
The Forest Service adopted the roadless rule in January 2001 in the final days of the Clinton administration. It prohibits logging, mining and other development on 58.5 million acres in 38 states and Puerto Rico. Roadless areas make up nearly one-third of Forest Service lands and 2 percent of the nation's land mass.
Environmental groups on Wednesday filed an appeal to Brimmer's ruling in the U.S. 10th Circuit Court of Appeals in Denver, marking the latest court challenge in a lengthy dispute over the legality of the rule.
Kristen Boyles, a Seattle-based lawyer with Earthjustice, a nonprofit law firm, said the groups disagree with Brimmer's judgment that the Forest Service broke the law in developing the roadless rule. The groups will ask the appellate court to prohibit development in roadless areas while the case proceeds, she said.
"These are places that the public has spoken in favor of protecting time and time again, as places that we shouldn't go forward with unthinking development," she said. "They're places that are important for clean water for many communities, places that are important for recreation, for hunting, fishing and hiking, and taking our kids."
Opponents of the rule, who cheered Brimmer's decision, said they expect more litigation before the case is resolved.
"I think the court issued a very thorough and comprehensive ruling in the case, and we look forward to defending this ruling before the 10th Circuit," said Stuart Sanderson, president of the Colorado Mining Association, which intervened in the case in support of Wyoming.
Sanderson said the roadless rule stifled some active coal mining operations in Colorado, preventing companies from building ventilation shafts on the surface above underground coal mines.
The Clinton-era restrictions were beset by legal challenges almost immediately upon their implementation. Brimmer's latest order echoes a similar ruling he made five years ago in response to a lawsuit filed by Wyoming four months after the rule took effect.
Brimmer's 2003 ruling was rendered moot when the Bush administration decided not to appeal and instead issued its own rules for roadless areas, which required governors to petition the federal government to protect roadless areas in their states.
Conservation groups and attorneys general from Oregon, Washington, California and New Mexico later challenged the Bush policy.
In 2006, U.S. District Judge Elizabeth Laporte in San Francisco set aside the Bush rule and reinstated the 2001 Clinton administration one. That prompted Wyoming to renew its complaint in federal court.
Users of public lands in Colorado and Idaho could soon be subject to new rules for the roadless areas of those states, regardless of the outcome of the legal wrangling.
Both states have pursued development of their own rules under the federal Administrative Procedure Act, a broad law that allows the states to petition the U.S. Department of Agriculture, which oversees the Forest Service, to make changes to rules for federal lands.
Several states had petitioned the federal government to develop roadless rules while the Bush administration's policy for governing roadless areas was in effect, Boyles said.
Most of those states were seeking a continuation of the Clinton policy, so they were appeased when the California judge reinstated it.
Only Colorado and Idaho went forward with their petitions under the Administrative Procedure Act, hoping to gain more state control over decisions about the use of federal roadless areas in their states.
Lt. Gov. Jim Risch of Idaho said he expects his state's rules for its 9.3 million acres of roadless areas to take effect this year.
"We are not affected by the either the Bush rule, the Clinton rule or the ten thousand lawsuits that are pending regarding that rule," Risch said.
Last month in Colorado, the Forest Service published proposed rules for that state's 4 million acres of roadless areas written in conjunction with the state government.
Terry McCann, spokesman for the Forest Service's Rocky Mountain Region, said the Forest Service is pushing forward with a series of public meetings to gather comment on the proposed rules and hopes to have them in place by early next year.
By MATT JOYCE
Associated Press writer Thursday, August 14, 2008
[oas:casperstartribune.net/news/wyoming:Middle1]
CHEYENNE -- The U.S. Forest Service said Wednesday it's reviewing a federal judge's rejection of a 7-year-old ban on building and logging in undeveloped national forests as environmentalists rushed to appeal the court ruling.
Forest Service spokesman Joe Walsh said agency attorneys were considering the implications and how to respond to the ruling issued Tuesday by U.S. District Judge Clarence Brimmer of Wyoming.
Brimmer ordered a permanent injunction against the federal government's roadless rule in response to a lawsuit filed by the state of Wyoming. Brimmer said the rule was enacted in violation of the National Environmental Policy Act and the Wilderness Act.
The Forest Service adopted the roadless rule in January 2001 in the final days of the Clinton administration. It prohibits logging, mining and other development on 58.5 million acres in 38 states and Puerto Rico. Roadless areas make up nearly one-third of Forest Service lands and 2 percent of the nation's land mass.
Environmental groups on Wednesday filed an appeal to Brimmer's ruling in the U.S. 10th Circuit Court of Appeals in Denver, marking the latest court challenge in a lengthy dispute over the legality of the rule.
Kristen Boyles, a Seattle-based lawyer with Earthjustice, a nonprofit law firm, said the groups disagree with Brimmer's judgment that the Forest Service broke the law in developing the roadless rule. The groups will ask the appellate court to prohibit development in roadless areas while the case proceeds, she said.
"These are places that the public has spoken in favor of protecting time and time again, as places that we shouldn't go forward with unthinking development," she said. "They're places that are important for clean water for many communities, places that are important for recreation, for hunting, fishing and hiking, and taking our kids."
Opponents of the rule, who cheered Brimmer's decision, said they expect more litigation before the case is resolved.
"I think the court issued a very thorough and comprehensive ruling in the case, and we look forward to defending this ruling before the 10th Circuit," said Stuart Sanderson, president of the Colorado Mining Association, which intervened in the case in support of Wyoming.
Sanderson said the roadless rule stifled some active coal mining operations in Colorado, preventing companies from building ventilation shafts on the surface above underground coal mines.
The Clinton-era restrictions were beset by legal challenges almost immediately upon their implementation. Brimmer's latest order echoes a similar ruling he made five years ago in response to a lawsuit filed by Wyoming four months after the rule took effect.
Brimmer's 2003 ruling was rendered moot when the Bush administration decided not to appeal and instead issued its own rules for roadless areas, which required governors to petition the federal government to protect roadless areas in their states.
Conservation groups and attorneys general from Oregon, Washington, California and New Mexico later challenged the Bush policy.
In 2006, U.S. District Judge Elizabeth Laporte in San Francisco set aside the Bush rule and reinstated the 2001 Clinton administration one. That prompted Wyoming to renew its complaint in federal court.
Users of public lands in Colorado and Idaho could soon be subject to new rules for the roadless areas of those states, regardless of the outcome of the legal wrangling.
Both states have pursued development of their own rules under the federal Administrative Procedure Act, a broad law that allows the states to petition the U.S. Department of Agriculture, which oversees the Forest Service, to make changes to rules for federal lands.
Several states had petitioned the federal government to develop roadless rules while the Bush administration's policy for governing roadless areas was in effect, Boyles said.
Most of those states were seeking a continuation of the Clinton policy, so they were appeased when the California judge reinstated it.
Only Colorado and Idaho went forward with their petitions under the Administrative Procedure Act, hoping to gain more state control over decisions about the use of federal roadless areas in their states.
Lt. Gov. Jim Risch of Idaho said he expects his state's rules for its 9.3 million acres of roadless areas to take effect this year.
"We are not affected by the either the Bush rule, the Clinton rule or the ten thousand lawsuits that are pending regarding that rule," Risch said.
Last month in Colorado, the Forest Service published proposed rules for that state's 4 million acres of roadless areas written in conjunction with the state government.
Terry McCann, spokesman for the Forest Service's Rocky Mountain Region, said the Forest Service is pushing forward with a series of public meetings to gather comment on the proposed rules and hopes to have them in place by early next year.
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