State officials are appealing a U.S. District Court decision on the Roadless Rule, which prohibits timber harvest, road construction on 58.5 million acres of national forest lands nationwide, citing its adverse impact on Alaska’s economy.
The Roadless Rule, adopted by the U.S. Department of Agriculture in the final days of the Clinton administration, “has an enormous negative impact on the Tongass National Forest and Southeast’s economy,” said Gov. Bill Walker. “It’s important we keep fighting to preserve Alaskans livelihoods and options for responsible development.”
State officials contend that Alaska has been disproportionately affected by the Roadless Rule since Tongass National Forest is the nation’s largest national forest and includes more restricted roadless areas than anywhere else. Largely as a result of this rule, Alaska’s once vibrant timber industry is struggling to survive, and utilities, mining enterprises and Southeast communities that may want to improve access through road construction also have faced significant harm, the state said in a statement when the appeal was filed on Nov. 6.
Following promulgation of the Roadless Rule in 2001, Alaska, joined by many groups that contended they were harmed, filed litigation which resulted in a settlement to exempt Alaska from the rule. That exemption was struck down by the Ninth Circuit Court of Appeals. The state brought the current case before the District of Columbia District Court in 2011 after the Alaska District Court overturned the state’s exemption.
“Since our prior agreement with the federal government exempting Alaska was dismantled by the Ninth Circuit, the state was left with no recourse but to continue its challenge to the Roadless Rule,” said Alaska Attorney General Jahna Lindemuth.
The state contends in its current lawsuit that the Roadless Rule violates the Tongass Timber Reform Act, which requires the U.S. Department of Agriculture to seek to meet the demand for timber from Tongass National Forest.
Plaintiffs in the appeal along with the state include the Alaska Forest Association, Alaska Miners Association, Alaska Marine Lines, Juneau Chamber of Commerce, the city of Ketchikan, Ketchikan Gateway Borough, Southeast Stevedoring Corp. and others.
Defendants include USDA, the Southeast Alaska Conservation Council, Alaska Center for the Environment, the Boat Company, Tongass Conservation Society, the Natural Resources Defense Council, Greenpeace and Defenders of Wildlife.
The nonprofit environmental law firm Earthjustice, which represented several conservation groups in favor of the Roadless Rule during an appeal to the District of Columbia Circuit Court of Appeals, said it would continue to vigorously defend the Roadless Rule on appeal.
“Roadless areas of the Tongass and Chugach (National Forest) support robust fishing and visitor industries and are prized by local residents for fishing, hunting and recreation,” said Tom Waldo, senior staff attorney in the Alaska office of Earthjustice.
“The district court in D.C. came to the same conclusion as every court that has reviewed the Roadless Rule before: the rule complies with applicable laws and was adopted through an exhaustive process that fairly balanced all impacts and points of view. It is disappointing that the state of Alaska continues to wage this legal battle,” Waldo said.
