Judge Dumps Mindless Roadless Rule
Federal court throws out illegal
last-minute Clinton decree
July 15, 2003
Washington, DC - House Resources
Committee Chairman Richard W. Pombo (R-CA) applauded
Federal Judge Clarence Brimmer's decision yesterday
to throw out the "roadless rule" adopted during the
last hours of the Clinton administration.
According to Judge Brimmer, "in its rush to give
President Clinton lasting notoriety in the annals of
environmentalism, the Forest Service's shortcuts and
bypassing of the procedural requirements of NEPA has
done lasting damage to our very laws designed to
protect the environment."
"This decision is great news for those who support
the rule of law and those who support common-sense
land management plans," Chairman Pombo said. "The
Roadless Rule would arbitrarily fence-off land and
throw away the keys. This 'Don't Touch' management
plan would also block recreation activities and
prohibit critical maintenance to prevent
catastrophic forest fires. When has there ever been
common sense or smart environmentalism in planning
to do nothing?"
"The decision of the Federal District Court to set
aside the Roadless Rule is just and necessary," said
Congressman Jim Gibbons (R-NV). "The Roadless Rule
Initiative introduced by then-President Bill Clinton
would effectively lock-up our public lands and
lock-out the American people. It was a needless
land grab that obviously circumvented Congress,
clearly shut-out the public, and according to the
Federal Court, ultimately violated the law."
Brimmer continued in his opinion to state that the
Forest Service's designation of 58.5 million acres
as roadless areas "was a thinly veiled attempt to
designate 'wilderness areas' in violation of the
clear and unambiguous process established by the
Wilderness Act for such designation... In sum, there
is no gainsaying the fact that the Roadless Rule was
driven through the administrative process and
adopted by the Forest Service for the political
capital of the Clinton administration without taking
the 'hard look' that NEPA required."
Interveners in the case that supported the Clinton
Administration's mindless rule (the one that has
done "lasting damage to our very laws designed to
protect the environment") include the Sierra Club,
Wilderness Society, and Natural Resources Defense
Council (NRDC).
"Despite all of the previous administration's
efforts to spin it another way, the Clinton roadless
rule was bad for local economies, bad for the health
of our forests and bad for the environment," said
Congresswoman Barbara Cubin (R-WY). "Worse, it
could prove to restrict access for firefighters as
we settle in for another difficult fire season. This
was a poorly drawn and ill-conceived rule, and I'm
glad it's been overturned."
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