Judge blocks controversial forest rules

FROM THE ARCHIVE

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MAY 11, 2001

A federal judge in Idaho handed local officials, the Kootenai Tribe, the timber industry and a number of Western states a victory on Thursday and blocked the US Department of Agriculture from implementing a set of regulations limiting road building and logging on nearly 60 million acres of forest land.

Concluding that the rules could cause "irreparable harm," US District Judge Edward J. Lodge prevented the rules from going into effect tomorrow. The decision was made in response to a lawsuit filed by the state of Idaho, but it affects a number of challenges Western lawmakers and private parties have raised since January.

The moves comes less than a week after Agriculture Secretary Ann Veneman and US Forest Service Chief Dale Bosworth announced the Bush administration would accept the rules, one of President Clinton's major environmental initiatives. In an effort to acknowledge opposition, however, the USDA said it would work with states, tribes, and others on a case-by-case basis to change the rules.

That policy proved to be partially responsible for yesterday's decision. Although the government opposed blocking the regulations altogether, Lodge said the administration's willingness to allow changes to them indicated there was potential the rules could cause harm.

Lodge had also previously blasted the government for potential violations of public information laws.

Environmental organizations directly attributed the ruling to what they called the government's feeble legal defense. A number of them had been granted intevenor status in the case and promised to appeal Lodge's decision to the 9th Circuit Court of Appeals.

Whether the government will join the appeal is another question. In her response, Veneman sidestepped the issue and instead focused on how her department will change the rules.

"Even with today's ruling, USDA will move forward with an open and fair process that addresses the concerns raised by this rule," said Veneman. But she added that the Bush administration is "committed to providing roadless protection for our national forests,"

So far, six lawsuits have been filed challenging the rules, including one by a coalition consisting of paper manufacturer Boise Cascade and the Kootenai Tribe in northeastern Idaho. The group welcomed Lodge's decision as a vindication of their claims.

Echoing a grievance supported by Lodge, tribal officials say they weren't properly consulted on the plan. They also said it could affect traditional hunting, fishing, and treaty rights.

The Nez Perce Tribe in north-central Idaho, however, felt differently. Like a number of tribes, the Nez Perce hailed the rules as essential to keeping what were once Indian-owned lands free from development and open to preservation of wildlife.

Citing threats to economic development opportunities, some Alaska Native villages and corporations opposed the rules as well. The state of Alaska filed a lawsuit; no Alaska Natives have.

The USDA said it plans on discussing potential changes to the rules next month.

Response to Ruling:
Idaho Wins Injunction Blocking Roadless Rule (Idaho Atty General 5/10)
USDA to Move Forward with Responsible Process That Addresses Roadless Concerns (USDA 5/10)
Boise Cascade applauds court ruling, reaffirms commitment to forest conservation (BC 5/10)
White House 'Set Stage' for Injunction Against Forest Protection (Defenders of Wildlife 5/10)

Relevant Links:
Boise Cascade - http://www.bc.com
Kootenai Tribe of Idaho - http://www.kootenai.org
Roadless Forest Plan - http://roadless.fs.fed.us
The US Forest Service - http://www.fs.fed.us