Posted by scottnugget on August 5, 2009 at 10:44pm
08/05/20099th Circuit Court of Appeals Reinstates Clinton-era Roadless RuleThe US Appeals Court for the Ninth Circuit reinstated the 2001 Clinton-era Roadless Rule, barring development in "roadless" areas of national forests in many of the Western states.The ruling exempts Idaho and the Tongass National Forest in Alaska. Idaho created its own roadless plan and the Tongass National Forest was exempt from the initial plan.The Ninth Circuit issued their ruling on Wednesday, August 5, 2009, but the ruling may only be temporary.US District Judge Clarence Brimmer in Wyoming ruled on August 12, 2008, that the Roadless Rule was illegal. He ruled the federal government did not follow National Environmental Policy Act (NEPA) standards. Bremmer concluded the federal government did not adequately include effected states, did not offer alternatives unless they included a ban on roadbuilding, and the outcome was predetermined, among other problems.The Wyoming case is currently being appealed by environmental groups. Now there are two conflicting rulings on the same case in different parts of the country. The case may have to go all the way to the Supreme Court before it is completely settled.
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