Court Reinstates Roadless Rule; protect forest and grasslands

Court Reinstates Roadless Rule
By Phil Parker / Journal North Reporter
Oct 28, 2011

A federal court ruling this month has re-established a Clinton-era ban on roadway construction in almost 60 million acres of forest and grassland in 38 states, including more than 1 million acres in New Mexico.

The ruling, by the U.S. Tenth Circuit Court of Appeals, echoes another one recently issued by the 9th Circuit Court.

“It’s definitely a significant and meaningful court judgment in New Mexico,” said Bryan Bird of the Santa Fe-based environmental advocacy group WildEarth Guardians. “We’re giving each other high fives around here.”

Large sections of land falling under these protections include National Forest areas surrounding the Pecos Wilderness, along the Rio Chama north of Española, and between Taos and Questa.

President Bill Clinton signed the Roadless Area Conservation Rule in the final days of his administration, placing a moratorium on roadways and commercial timber harvesting in those areas. It does, however, Bird said, allow fire mitigation.

“They can still do activities that reduce fire risk in roadless areas,” he said. “It doesn’t prohibit controlled burning or thinning of forest using chainsaws. It doesn’t bar those, but it raises the protection level significantly.”

The Bush administration repealed the roadless protection regulations in 2005, replacing them with a process giving states control of the matter. Attorneys general in California, Oregon, Washington and New Mexico sued then to put the rules back into place.

“There could always be an appeal to the Supreme Court,” said Bird, “but after the 9th and 10th Circuits have soundly upheld the rule, it would be a real uphill battle to try to take it to the Supreme Court.”

Not that the fight is over. At least one bill is kicking around the Republican-controlled House of Representatives to undo the roadless designations.

Rep. Steve Pearce, R-N.M., is a co-sponsor of H.R. 1581, which would release several million acres of land protected under the Roadless Area Conservation Rule into local management plans. The bill, titled the Wilderness and Roadless Area Release Act of 2011, will “release inventoried roadless areas within the National Forest System that are not recommended for wilderness designation from the land use restrictions of the 2001 Roadless Area Conservation Final Rule….”

The bill repeatedly notes the areas protected under the rule have been reviewed and deemed unfit for conservation as wilderness.

A representative for Pearce said Thursday that H.R. 1581 would allow more Americans to enjoy federal lands while still protecting wildlife, and called the roadless rules “unjustified.”

“Congressman Pearce knows we need commonsense solutions, not government restrictions that prohibit New Mexicans from using roads to access and enjoy the treasures of our state,” Jamie Dickerman said by email. “H.R. 1581 would simply remove unjustified wilderness protections… and return the ability of land managers to allow for responsible development and multiple uses. Importantly, this legislation maintains federal ownership of the lands, thereby ensuring that conservation protections are retained and will continue to be in place.”

Bird called the roadless rule “the next lower level” of protection below a wilderness designation, which can only be made by Congress.

He said the Obama administration is backing the roadless rule.

“There are some legislative activities afoot, but I think everyone is confident that the White House would not sign anything like that,” Bird said.