Case Summary
Issue:
Whether the Clinton Roadless Rule is an illegal attempt to circumvent the Wilderness Act of 1964 under which only Congress may designate federal land as wilderness?
Plaintiff:
State of Wyoming (appellee)
Defendant:
U.S. Department of Agriculture; U.S. Forest Service; Secretary, U.S. Department of Agriculture; Chief, U.S. Forest Service (appellants in No. 09-8075)
Intervenor:
Colorado Mining Association (plaintiff-appellee);
Amicus Curiae:
Mountain States Legal Foundation
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Case History
In 2001, the Forest Service enacted the Roadless Rule, which prohibited road construction and reconstruction and timber harvesting on nearly 60 million acres of national forests. In March 2001, President Bush issued a moratorium on all new regulations that had not yet been implemented. In May 2001, the Idaho federal district court enjoined implementation of the Roadless Rule. In July 2003, the Wyoming federal district court issued a nationwide permanent injunction against the Rule. The Forest Service declined to appeal either ruling. In May 2005, one day after the Tenth Circuit heard oral argument on an appeal by environmental groups, the Forest Service adopted the State Petitions Rule, which reverted to the prior regime of forest-by-forest plans, and asked the Tenth Circuit to vacate the Wyoming decision.
On November 29, 2006, the U.S. District Court for the Northern District of California set aside the State Petitions Rule and reinstated the 2001 Roadless Rule. Wyoming was not permitted to reinstitute its lawsuit despite its claim that the California ruling caused it injury. Therefore, on January 12, 2007, Wyoming filed a second suit to declare the Roadless Rule unlawful (D.Wyo., No. 07cv17).
On August 16, 2007, MSLF filed its friend of the court brief in support of the State of Wyoming, and the State of Wyoming filed its opening brief. On September 17, 2007, the federal government filed a brief in response, and on September 26, 2007, the environmental intervenors filed a brief in opposition. On October 9, 2007, the State filed its reply brief. Oral argument was held on October 19, 2007.
On August 12, 2008, the Court ruled for the State of Wyoming, holding that the Roadless Rule was promulgated in violation of the National Environmental Policy Act (NEPA) and the Wilderness Act. It stated the Forest Service’s designation of 58 million acres of roadless areas “was a thinly veiled attempt to designate ‘wilderness areas’ in violation of the . . . Wilderness Act.”
On August 13, 2008, the environmental groups appealed to the Tenth Circuit (No. 08-8061). On September 19, 2008, the Tenth Circuit abated the appeal pending the District Court’s decision on the federal defendants’ motions for reconsideration and for stay pending reconsideration.
On August 20, 2008, in District Court, the federal defendants filed a motion for reconsideration and a motion for suspension of the injunction banning implementation of the Roadless Rule pending appeal. On June 2, 2009, the Court held a hearing on the motions, and on June 15, 2009, it denied the motions.
On June 18, 2009, the Tenth Circuit lifted its abatement of the appeal of defendant-intervenors Biodiversity Conservation Alliance, et al. On November 2, 2009, appellants U.S. Department of Agriculture, et al., and appellants Biodiversity Conservation Alliance, et al., filed opening briefs. On December 29, 2009, MSLF filed its amicus brief urging affirmance of the District Court’s 2008 decision holding that the Roadless Rule was promulgated in violation of the National Environmental Policy Act (NEPA) and the Wilderness Act. Oral arguments were heard by the Tenth Circuit on March 10, 2010.
On October 21, 2011, the Tenth Circuit reversed the ruling of the district court and upheld the legality of President Clinton’s Roadless Rule. On February 22, 2012, the Tenth Circuit denied a motion by Wyoming for rehearing en banc. In May 2012, Wyoming filed a petition for writ of certiorari seeking Supreme Court review. On June 18, 2012, MSLF, on behalf of several western groups, filed a friend of the court brief in support of Wyoming’s petition.