Post by Woody Williams on Jun 13, 2007 13:26:47 GMT -5
Federal Court Upholds Roadless Area Protection
On June 7, 2007, the U.S. 10th Circuit District Court Judge denied the state of Wyoming's motion for relief from judgment, thereby upholding the 2001 Roadless Area Conservation Rule. The Wyoming court decision benefits species that thrive in areas and waters with large unroaded blocks of habitat, such as elk, mule deer, moose, bighorn sheep, mountain goats, trout and salmon. This ruling is the latest in a long series of lawsuits regarding management of inventoried roadless areas within U.S. Forest Service lands.
Last year, a U.S. District Court Judge in California (9th Circuit Court) issued a decision that rescinded the 2005 Roadless Area Conservation Rule and reinstated the 2001 Roadless Area Conservation Rule that provides blanket protection against new roads and logging to 58.5 million acres in inventoried roadless areas in national forests and grasslands in 37 states. The California ruling also threw out a special petition process that allowed governors to submit their own recommendations for roadless area conservation in their states.
The State of Wyoming subsequently filed a Motion for Relief from Judgment in the federal 10th Circuit in Wyoming on September 22, 2006, based on the re-activation of the 2001 Roadless Rule by the California court. Wyoming wanted both the 2001 and 2005 Roadless Rules thrown out so that there would be no blanket protection of roadless areas in national forests.
All is not settled, however, because the State of Wyoming has challenged the 2001 Roadless Rule through another fundamentally identical case filed January 12, 2007, and the state is likely to proceed with the second case. TRCP will keep you informed on the upcoming court decisions affecting protection of roadless areas in our national forests.
On June 7, 2007, the U.S. 10th Circuit District Court Judge denied the state of Wyoming's motion for relief from judgment, thereby upholding the 2001 Roadless Area Conservation Rule. The Wyoming court decision benefits species that thrive in areas and waters with large unroaded blocks of habitat, such as elk, mule deer, moose, bighorn sheep, mountain goats, trout and salmon. This ruling is the latest in a long series of lawsuits regarding management of inventoried roadless areas within U.S. Forest Service lands.
Last year, a U.S. District Court Judge in California (9th Circuit Court) issued a decision that rescinded the 2005 Roadless Area Conservation Rule and reinstated the 2001 Roadless Area Conservation Rule that provides blanket protection against new roads and logging to 58.5 million acres in inventoried roadless areas in national forests and grasslands in 37 states. The California ruling also threw out a special petition process that allowed governors to submit their own recommendations for roadless area conservation in their states.
The State of Wyoming subsequently filed a Motion for Relief from Judgment in the federal 10th Circuit in Wyoming on September 22, 2006, based on the re-activation of the 2001 Roadless Rule by the California court. Wyoming wanted both the 2001 and 2005 Roadless Rules thrown out so that there would be no blanket protection of roadless areas in national forests.
All is not settled, however, because the State of Wyoming has challenged the 2001 Roadless Rule through another fundamentally identical case filed January 12, 2007, and the state is likely to proceed with the second case. TRCP will keep you informed on the upcoming court decisions affecting protection of roadless areas in our national forests.
