Friday, October 21, 2011

US appeals court upholds roadless rule in forests

A federal appeals court on Friday upheld a law prohibiting roads on nearly 50 million acres of land in national forests across the United States, a ruling hailed by environmentalists as one of the most significant in decades. The 10th U.S. Circuit Court of Appeals backed the 2001 Roadless Area Conservation Rule after lawyers for the state of Wyoming and the Colorado Mining Association contended it was a violation of the law. Renny MacKay, spokesman for GOP Wyoming Gov. Matt Mead, said the state has not decided whether to appeal the ruling made Friday. Colorado Mining Association President Stuart Sanderson said his organization is also studying the 120-page ruling and has not decided whether to appeal. Wyoming and the Colorado Mining Association argued the rule violates the 1964 Wilderness Act. Wyoming attorneys also argued the definition of roadless lands is synonymous with wilderness lands. The 1964 Wilderness Act states only Congress can designate wilderness lands. The U.S. Department of Agriculture and environmental groups said there are differences between the designations. Roadless areas allow for some mineral development and more recreational activities, such as bicycles and ATVs, which the wilderness category forbids, they said. Two other legal actions to protect roadless areas are pending, including a lawsuit contesting application of the Roadless Area Conservation Rule to national forests in Alaska, and a suit challenging a separate, less protective rule that applies only to areas of Idaho...more

You can view the decision here.

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