CHEYENNE,
WY (August 13, 2008) - The
Clinton-Gore 2001 Roadless Rule suffered another death in its
phoenix-like existence as U.S. District of Wyoming Judge Clarence
Brimmer yesterday issued a 102 page decision declaring the Rule illegal
and enjoining its implementation throughout the U.S. Forest Service
System. The decision came in a case brought by the State of Wyoming in
2007, which paralleled an earlier complaint filed by Wyoming in 2001.
Judge Brimmer found the Rule illegal in the first case, but the 2001
case was found to be moot and his ruling vacated on appeal, and the
2001 Rule was reinstated in 2006 by a judge in the Northern District of
California. Brimmer's decision minces few words, concluding the 2001
Rule "was driven by political haste and evidenced pro forma compliance
with" environmental laws, using descriptors such as "flagrant" and
"cavalier" in characterizing the "unequivocal" violations.
"We are obviously pleased by this decision and feel that it vindicates
our position laid out over a decade ago opposing a top-down 'one size
fits all' roadless policy," said Greg Mumm, Executive Director of the
BlueRibbon
Coalition, a national advocacy organization for trails-based
recreation that has participated in the various Roadless cases. Other
recreational groups joining BlueRibbon in the Wyoming, California and
other cases were the California Association of 4 Wheel Drive Clubs,
United Four Wheel Drive Associations, and the American Council of
Snowmobile Associations.
"It is particularly timely that we now place the 2001 Roadless Rule as
an example of a bad idea that we should lay to rest," observed Paul
Turcke, an attorney for the Recreational Groups. "All Forest visitors
respect and value these areas, but they are properly managed by local
officials with local input, not through a legacy-building campaign
launched and maneuvered inside the DC beltway," Turcke concluded.
The "roadless" areas will now be protected and managed under existing
Forest Plans, or through the state-generated petitions in some states,
including Idaho and Colorado, that are being considered, submitted for
public input, and will ultimately be adopted by the Forest Service. It
is unclear how the recent ruling will affect the numerous Forest
Service actions taken since 2006 which applied the 2001 Roadless Rule.
