U.S. judge declines to block revived Clinton-era roadless ban

CHEYENNE, Wyo. — A federal judge has declined to revive his order striking down a Clinton-era ban on logging and other development of millions of acres of federal forests nationwide.

U.S. District Judge Clarence Brimmer wrote Thursday that he was bound by an appeals court order dismissing the case that prompted his order four years ago.

The 2003 injunction against Clinton’s logging ban had become moot after the Bush administration enacted a so-called roadless rule of its own. But the state of Wyoming asked Brimmer to reinstate his order after a federal judge in California reinstated the Clinton rule in a separate lawsuit last fall.

Clinton’s rule, enacted in the final days of his administration, placed more than 50 million acres of federal land off-limits for new road construction and other development.

Wyoming sued, and Brimmer ruled in 2003 that the Clinton rule violated federal law. Environmental groups appealed to the 10th U.S. Circuit Court of Appeals in Denver.
Before the appeals court ruled, the Bush administration’s rule was enacted. The appeals court found the environmentalists’ appeal moot and said it wouldn’t be decided.

On Thursday, Brimmer wrote that this decision left him unable to act. He said Wyoming should instead inform the Denver appeals court of the California ruling and ask it to recall its dismissal of the environmentalists’ appeal.

Pat Crank, Wyoming attorney general, said Friday that his office plans to ask the Denver court to rule on the appeal of Brimmer’s original order. Crank said more briefs and arguments shouldn’t be necessary.

“If we’re forced to go down the road of pursuing a whole new lawsuit, we will be making the same arguments, on the same issue, on the same administrative record, and presumably Judge Brimmer would reach the same decision,” Crank said. “The facts and the law have not changed.”

Crank and other Wyoming officials have said they oppose the Clinton rule because they believe that forest management decisions should be made at the national forest level — not in Washington, D.C.

Jim Angell, managing attorney with Earthjustice in Denver, said Brimmer’s new ruling was “dead-on.”

“We’re very happy with his ruling because it leaves the roadless rule in place,” he said.

Angell, who represented environmental groups including the Wyoming Outdoor Council in opposing the state’s request, said his group is prepared to fight to uphold the Clinton rule if Wyoming asks the Denver appeals court to act.

Steve Jones, watershed protection program manager for the Wyoming Outdoor Council in Lander, said Friday that his group is pleased with Brimmer’s ruling.

“There are significant roadless areas in Wyoming, and the Clinton roadless moratorium rule has served to protect them,” Jones said. “We feel we need that now more than ever given the continuing pressure by oil and gas industry to lease a lot of these areas.”