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Wyoming judge turns back request to block Clinton roadless rule |
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A federal judge in Cheyenne, Wyo., rejected today Wyoming's request to
enjoin the Clinton-era Roadless Area Conservation Rule prohibiting
logging, roadbuilding and other development on 50 million acres of
national forest.
Wyoming had asked Senior Judge Clarence Brimmer to reinstate his 2003
nationwide injunction against the Clinton rule, a move that would have
placed the Forest Service between two federal judges. The Bush
administration used the 2003 injunction as cover in an attempt to
replace the rule.
Last September, Magistrate Judge Elizabeth Laporte in San
Francisco struck down a Bush administration state petition plan and
reinstated the Clinton roadless rule. Laporte has also prohibited the
Forest Service from taking any action, such as approving oil and gas
drilling permits, that would violate the Clinton rule.
Brimmer ruled against Wyoming, saying he precluded from
enjoining the rule on procedural grounds. But the judge expressed
unhappiness with the circumstances.
"This court is extremely perplexed how the California court
could resurrect the Clinton roadless rule," Brimmer wrote. "The Clinton
Roadless Rule did not comply with NEPA and this court held it invalid"
in 2003.
Brimmer added he is "troubled and questions the authority of the California court to raise this rule back to life."
The Bush administration, which has opposed the Clinton rule
since January 2001, opposed Wyoming's motion on procedural grounds,
along with environmental groups. Because the administration formally
acted to replace the Clinton rule in mid-2005, the 10th U.S. Circuit
Court of Appeals vacated Brimmer's decision as a matter of legal
course. If Brimmer reinstates his 2003 decision, it would violate the
10th Circuit's order, the Justice Department argues (Greenwire, April
17).
In the interim, the Agriculture Department is processing
petitions from state governors who wish to craft individual roadless
rules for national forests in their states. A USDA committee is
scheduled to consider Colorado's petition next week.
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