|
Bush admin, states seek limited roadless ruling |
|
|
|
If U.S. District Judge Clarence Brimmer decides to once again strike
down the Clinton-era roadless rule, the Bush administration and four
Western states want him to limit the ruling to the state of Wyoming.
In the latest in a series of roadless-related lawsuits, Wyoming is
seeking to enjoin the Clinton-era Roadless Area Conservation Rule that
prohibits logging, roadbuilding and other development on 50 million
acres of national forest. But in separate court filings this month, the
Justice Department and the states of California, Montana, New Mexico
and Oregon ask Brimmer in the U.S. District Court in Cheyenne not to
make another nationwide ruling.
Wyoming Gov. Dave Freudenthal (D) and other critics of the
Clinton-era rule feel it is overly restrictive and arbitrary, an
argument Brimmer found persuasive four years ago. In 2003, Brimmer
struck down the Clinton rule, calling it a de facto attempt to create
federal wilderness areas. The Bush administration used the ruling as an
opportunity to promote a plan allowing states to petition for roadless
protections. Last September, California Magistrate Judge Elizabeth
Laporte threw the Bush plan out and reinstated the Clinton rule, which
Wyoming is once again seeking to block.
The Agriculture Department is enforcing the Clinton
prohibitions, but isn't happy about it. "The 2001 Roadless Rule no
longer represents the policy of the USDA for the management of
inventoried roadless areas within the National Forest System," the
Justice Department wrote in a brief earlier this month.
But the Bush administration does not want Brimmer to make
another nationwide ruling just because Wyoming opposes the roadless
rule. "There is no explanation in Wyoming's pleadings as to how the
management of inventoried roadless areas in New Mexico or Maine or
anywhere else in the nation would impair the health of, or limit access
to, lands owned by the State of Wyoming," DOJ wrote.
In an amicus curiae brief, California, Montana, New Mexico and
Oregon also also urge Brimmer to confine any judgement to Wyoming if he
finds the roadless rule is unlawful. The states cite the benefits of
roadless areas, including water quality, endangered species habitat and
recreation.
"In Montana, for example, the unparalleled five-week-long big
game general hunting season depends extensively upon the habitat
security provided by roadless areas within the state's forested lands,"
the states wrote.
A hearing is scheduled for Oct. 19 in Cheyenne. It will be the
second time this year Brimmer has had a chance to rule on the roadless
issue. In June, Brimmer denied a Wyoming request to reinstate his 2003
nationwide injunction against the Clinton rule on limited procedural
grounds but made his feelings clear.
"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" (E&ENews PM,
June 8).
 |
Subscribe to this comment's feed
