in an era of environmental denial, degradation and dishonesty, it’s great to see a big WIN once in a while!

from Earthjustice:

Major Victory Secures Roadless Rule

“We’ve been representing the environmental community in this fight in more than a dozen cases over the last 13 years … We had to win every single one of those cases, and we did. The Roadless Rule is one of the most far-reaching conservation initiatives ever.”

— Earthjustice Attorney Jim Angell

Thirteen years after Earthjustice first launched legal action, the nearly 50-million-acre heartland of America’s national forests is secure. A federal appeals court has ruled in favor of the Roadless Rule, virtually ending a politically infested process that pitted resource exploiters against the vast majority of citizens who rely upon these pristine lands for recreation and repose.

The 120-page ruling by the 10th Circuit Court of Appeals overturns a lower court ruling, affirmed the validity of the original Roadless Rule, and is likely to resist further challenge, said Earthjustice Attorney Jim Angell, who filed the first action in 1998 in defense of roadless lands, and has pursued the case ever since.

“This is a tremendous victory. I wouldn’t be surprised if someone asked the Supreme Court or the entire 10th Circuit to review the decision, but those are at best desperate measures. The opinion was unanimous and authored by a [George W.] Bush appointee. It is an extraordinarily thorough opinion,” Angell said.

The appellate court ruled against the State of Wyoming and industry intervenors and in favor of conservation groups, the Forest Service, and the States of California, Oregon, and Washington. This decision formally ends an injunction against the Rule’s enforcement imposed by a Wyoming federal district court in 2008.

The 2001 Roadless Area Conservation Rule—that protects wild national forests and grasslands from new road building, logging, and development—was the product of the most comprehensive rulemaking process in the nation’s history, including more than 2 million comments from members of the public, hundreds of public hearings and open houses, and a detailed environmental review. The rule came under relentless attack by logging and resource extraction interests, certain states, and the Bush administration.

Yet, despite those powerful foes and in the face of very long odds, Earthjustice and its allies consistently prevailed over the years.

“We’ve been representing the environmental community in this fight in more than a dozen cases over the last 13 years, and we have run the table,” Angell explained. “We had to win every single one of those cases, and we did. The Roadless Rule is one of the most far-reaching conservation initiatives ever. It is incredibly gratifying that we were able to defend it against industry, a hostile Bush Administration, and hostile states.”

During the height of those political struggles, Earthjustice Attorney Kristen Boyles played a lead role, beating back attempts by Bush to undo the Rule. There was a lot at stake, said Tim Preso, who along with Doug Honnold and Todd True, rounded out the team of Earthjustice attorneys who defended the Rule.

Preso noted that the nation’s national forests offer outstanding opportunities for hunting, fishing, and hiking. They produce clean water for thousands of communities nationwide, and provide irreplaceable irreplaceable habitat for imperiled wildlife species, including grizzly bears, lynx, and Pacific salmon.

“All Americans can now know that a key part of our nation’s natural heritage won’t be destroyed,” he said.

Now, conservation, faith, and recreation groups trust that the Obama administration will support and enforce the 2001 Roadless Rule as the law of the land, including defending its protections for all 58.5 million acres of roadless lands in the country. That includes national forests in Alaska, currently subject to a separate legal challenge and national forests in Idaho, whose roadless area protections were weakened in 2008.

In this appeal to the 10th Circuit, Earthjustice represented Wyoming Outdoor Council, The Wilderness Society, Sierra Club, Biodiversity Conservation Alliance, Pacific Rivers Council, Natural Resources Defense Council, National Audubon Society, and Defenders of Wildlife. The States of California, Oregon, and Washington submitted legal papers in support of the Roadless Rule and the conservation groups’ appeal.

Two other legal actions to protect roadless areas remain pending: a lawsuit challenging application of the Roadless Rule to national forests in Alaska, and a lawsuit challenging a separate, less protective rule that applies only to federal roadless areas in Idaho.

E. Fudd