Document Actions
Governor Kulongoski and Attorney General Kroger applaud roadless rule decision
The State of Oregon's Press Release on the 9th Circuit Court decision upholding Oregon’s longstanding position that the 2001 Roadless Rule should stand.
(Salem) - Today the 9th Circuit Court issued a ruling that affirmed the State of Oregon’s position that the Clinton 2001 Roadless Rule should stand and that the repeal of the Roadless Rule in 2005 by the Bush Administration was unlawful because it disregarded the National Environmental Policy Act and the Endangered Species Act.
“This ruling is a victory for Oregon in our fight to protect our valued roadless areas in our national forests,” said Governor Ted Kulongoski. “I hope that after years of litigation, the new administration allows this ruling to stand so we can end the courtroom battles and instead focus our efforts on working together to both protect our remaining wild areas as well as develop more comprehensive forest management policies that support our timber industry while protecting our environment.”
In January 2001, President Clinton adopted the Roadless Rule, which generally prohibited road construction, reconstruction, and timber harvesting, subject to certain limited exceptions, in Inventoried Roadless Areas. The incoming Bush Administration first issued a temporary moratorium on all regulations from the prior administration that had not yet been implemented, including the Roadless Rule, and then the Bush Administration rushed to promulgate a replacement rule. It did so, however, without the required environmental analysis.
Under the leadership of Governor Kulongoski, Oregon and three other western states sued the US Forest Service to protect roadless areas in our national forests by reinstating the Roadless Rule, at least until it might be replaced in accordance with lawful procedures. The US District Court agreed with Oregon’s position and enjoined the Forest Service from implementing the Bush Rule, effectively reinstating the Roadless rule. The USDA and the Forest Service appealed the district court’s decision to the U.S. 9th Circuit Court of Appeals.
Today’s 9th Circuit decision effectively reinstates the Roadless Rule. Earlier this year, Governor Kulongoski and Attorney General John Kroger sent a joint request to the Obama administration, asking the administration to withdraw their appeal of the District Court ruling. The administration declined to withdraw the appeal, and the 9th Circuit has now rejected their position.
”This decision is yet another rebuke of the Bush Administration’s disregard for the protections of our core environmental laws and its refusal to let environmental policy be guided by science,” said Associate Attorney General David Leith. He added that “Oregon hopes the Forest Service will opt against any further wasteful and futile appeals in this case.”
###
Read the original story