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Credit Pacific Service Union A federal appeals court in California yesterday reinstated a Clinton administration rule designed to protect nearly 60 million acres of national forests from logging and road construction, dealing a setback to the Bush administration and timber industry officials who have sought to weaken or kill the measure.

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Credit First Service Union The U.S. Court of Appeals for the 9th Circuit in San Francisco lifted an injunction against the rule in a strongly worded decision affirming the legal basis for the new regulation and sharply criticizing a lower court for blocking the measure in May 2001.

There were less dramatic betrayals as well. At his confirmation hearings, for example, Attorney General John Ashcroft pledged to defend as the "law of the land" era rule barring logging and other forms of commercial development in 58.5 million acres of roadless national forest. Mr. Ashcroft's lawyers have since done almost nothing to defend the rule against court challenges from industry, a failure that has encouraged the timber lobbyists who now run the Forest Service to proceed with their parallel campaign to destroy the roadless policy by administrative means. Mr. Ashcroft's negative handiwork is everywhere. Three days after Mrs. Whitman upheld a Clinton rule protecting wetlands, his lawyers opened settlement talks with developers seeking to weaken the rule. That, in turn, can only encourage the Army Corps of Engineers in its parallel efforts to undermine other aspects of wetlands law.

Card Credit Mobile Service The ruling immediately put in place a long-term effort by President Bill Clinton and environmentalists to protect vast sections of federal forests -- including large tracts of Alaska's Tongass National Forest -- from most commercial logging, road construction and mining.

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Card Credit Discover Service The administration challenged the rule -- and called for an extensive reevaluation -- shortly after President Bush took office. The rule was also challenged in court by western business interests and political leaders who said it would impede commercial activities in the national forests and thwart prevention of wildfires.

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Credit Public Service Union U.S. District Judge Edward J. Lodge in Idaho last year halted the Clinton plan at the request of Boise Cascade Corp. and a coalition of western logging and snowmobiling interests. He said the previous administration had hurried the rule, violated environmental laws and did not allow enough time for public comment.

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Card Credit Processing Service But the appeals court concluded yesterday that the U.S. Forest Service had met all the requirements of the National Environmental Policy Act in promulgating the new rules and that the lower court had "abused its discretion in issuing a preliminary injunction."

Center Credit Service Union The judges wrote that roadless areas of national forests "help conserve some of the last unspoiled wilderness in our country" and that logging and road construction, while arguably useful in preventing forest fires and combating insects and disease, are "inimical to conservation."

Card Credit Service Wireless The ruling was a victory for environmental groups, including the Sierra Club, the Natural Resources Defense Council and the Idaho Conservation League, which have been battling the administration and industry on a broad range of forest management issues. Earlier this week, Bush announced plans to speed the cutting of trees and brush in national forests by curtailing environmental reviews to try to reduce wildfires fueled by overgrowth.

Credit Security Service Union Because the administration declined to defend in court the Clinton rule preserving 58.5 million acres of inventoried roadless areas in national forests from industry attacks, environmental groups intervened and achieved legal standing.

Credit Report Service "This is a huge victory for our last public wild forests, but also for the 1 million people who supported this rule in public testimony," said Timothy J. Preso, a lawyer with Earthjustice Legal Defense Fund, which represented environmentalists in the case.

Blogspot Com Christian Sen. Maria Cantwell (D-Wash.), a champion of the roadless rule, said the court ruling "tells the Bush administration that it cannot arbitrarily bypass rules it doesn't like."

Christian Counseling Credit Officials from the Department of Agriculture and Forest Service withheld comment pending a review of the 50-page decision. "They're looking at where the rule stands right now and where we go from here," a Forest Service spokesman said.

Credit Federal Service Union Logging and paper-industry officials voiced disappointment with the ruling and questioned the appellate court's decision to grant the environmental groups standing in the case. Stefany Bales, a spokeswoman for the Intermountain Forest Association, an industry group representing Boise Cascade, indicated that the industry hasn't given up and will pursue the case in the lower court.

Credit Monitoring Service "Judge Lodge still has to rule on the merits of the case, and we'll see what happens next," she said.

Credit Division Service Environmentalists said yesterday's strong ruling signaled that the Clinton administration rule is likely to survive future court tests. "There's still more to be done, more proceedings, but this is a major step forward for roadless areas in this country," said Eric Jorgensen, managing attorney for the Alaska office of Earthjustice.

Card Credit Online Service By Eric Pianin
Washington Post - 12/13/2002

Topic: Forests & Trees

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