U.S. appeals court upholds roadless rule in forests
October 21, 2011
DENVER – A federal appeals court on Friday upheld a law prohibiting roads on nearly 50 million acres of land in national forests across the United States, a ruling hailed by environmentalists as one of the most significant in decades.
The 10th U.S. Circuit Court of Appeals backed the 2001 Roadless Area Conservation Rule after lawyers for the state of Wyoming and the Colorado Mining Association contended it was a violation of the law.
The ruling affects hunters, fishermen, hikers and campers, giving them confidence that many of the outdoor refuges they have enjoyed will remain in the future. It also protects water quality and wildlife habitat for grizzly bears, lynx and Pacific salmon.
“Without the roadless rule, protection of these national forests would be left to a patchwork management system that in the past resulted in millions of acres lost to logging, drilling and other industrial development,” said Jane Danowitz, director of the Pew Environment Group’s U.S. public lands program.
“The public forests we’ve fought so hard to protect are now safe,” added Tim Preso, an Earthjustice attorney representing the conservation groups.
The U.S. Forest Service currently manages more than 190 million acres of land used for multiple purposes that must comply with strict rules on land use changes spelled out in the federal Wilderness Act and National Environmental Policy Act.
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Renny MacKay, spokesman for GOP Wyoming Gov. Matt Mead, said the state has not decided whether to appeal the ruling made Friday.
“This is a lengthy and significant decision and Gov. Mead will be evaluating the options for Wyoming over the coming weeks,” MacKay said.
Colorado Mining Association President Stuart Sanderson said his organization is also studying the 120-page ruling and has not decided whether to appeal.
Wyoming and the Colorado Mining Association argued the rule violates the 1964 Wilderness Act.
Wyoming attorneys also argued the definition of roadless lands is synonymous with wilderness lands. The 1964 Wilderness Act states only Congress can designate wilderness lands.
The U.S. Department of Agriculture and environmental groups said there are differences between the designations. Roadless areas allow for some mineral development and more recreational activities, such as bicycles and ATVs, which the wilderness category forbids, they said.
Conflicting federal court rulings have upheld and overturned the road-building ban. The California-based 9th U.S. Circuit Court of Appeals threw out a 2005 Bush administration policy that opened some of the roadless areas to potential development.
Two other legal actions to protect roadless areas are pending, including a lawsuit contesting application of the Roadless Area Conservation Rule to national forests in Alaska, and a suit challenging a separate, less protective rule that applies only to areas of Idaho.
The Obama administration has said it will defend the federal rule.