Federal Regulatory Update

Clinton Roadless Rule Resurrected

In a reversal of fortune for the Bush Administration, a California Federal Judge, Elizabeth Laporte, sided with the petitions of 20 environmental groups by reinstating the Clinton Administration’s Roadless Rule which prohibited road building in more than 58.5 million acres of National Forest land, almost one-third of the entire National Forest System.  The Clinton Roadless Rule limits road building, logging and other types of development, including recreational opportunities, in the affected area.

The Bush Administration sought to establish a system whereby State Governors could petition the Federal Government on what areas should or should not be included in so-called roadless area in their states.  The idea was to solicit the input of local citizens on such policies before having the Federal Government render a decision.  This court decision jeopardizes such input and restores the overreaching impact of the original designation by President Clinton shortly before he left office.

The Bush Administration is currently evaluating whether to seek an appeal of this decision.  Other interested parties are also trying to decide what legal remedies to pursue. The only thing for certain is that attorneys in the case will be very busy in the months and years to come.  ARRA will do its best to keep you updated on the situation.