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Federal Court Blocks Ban on Road Building
Associated Press ^
| July 14
| Associated Press
Posted on 07/14/2003 7:43:59 PM PDT by mdittmar
A federal judge Monday struck down a ban on road building in one-third of America's national forests, saying the Clinton administration rule illegally created wilderness areas a power reserved for Congress.
It was the second injunction issued by a federal judge against the ban. The first, on behalf of Idaho in 2001, was overturned in December by the 9th U.S. Circuit Court of Appeals, based in San Francisco.
Monday's decision sends the case, brought on behalf of Wyoming, to the more conservative 10th Circuit in Denver. If the two appeals courts issue opposing rulings, the case could go to the Supreme Court.
U.S. District Judge Clarence Brimmer ruled Monday that the Forest Service's designation of 58.5 million acres of roadless areas nationwide including 3.5 million acres in Wyoming was a "thinly veiled attempt to designate 'wilderness areas' in violation of the clear and unambiguous process established by the Wilderness Act."
Only Congress can create wilderness areas under the act.
Jim Angell, a lawyer for the EarthJustice Legal Defense Fund, said an immediate appeal was planned.
Wyoming Attorney General Pat Crank praised the ruling, calling it a decision that "has implications throughout the entire United States."
Brimmer also ruled that the Forest Service circumvented proper procedures and acted in "political haste." He said the agency did not allow enough public comment.
Angell and other environmentalists disagreed, saying the rule drew more public comment than any other forest regulation and was explained at public hearings around the country.
"The roadless rule has the overwhelming support of the American people," said Jeff Kessler, conservation director for the Laramie-based Biodiversity Conservation Alliance.
Adopted in the final days of the Clinton administration, the rules prevent logging, road construction and other activities in designated areas.
TOPICS: Breaking News; Government; News/Current Events
KEYWORDS: roadlessrule; wilderness
Let's go camping.
1
posted on
07/14/2003 7:43:59 PM PDT
by
mdittmar
To: All
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2
posted on
07/14/2003 7:44:40 PM PDT
by
Support Free Republic
(Your support keeps Free Republic going strong!)
To: mdittmar
, saying the Clinton administration rule illegally created wilderness areas a power reserved for Congress. Impeach him again for abusing his power. Why not? Like it's not going to ruin his reputation or anything.
That guy was a total failure. I've always said he wasn't qualified to sit in a presidents chair. He was just a good liar that lied his way in.
To: mdittmar
Return to sanity bump.
To: concerned about politics
the rules prevent logging, road construction and other activities in designated areas.Those designated areas that our tax dollars pay the upkeep for?
I'll go camping where I want,when I want.
5
posted on
07/14/2003 7:56:58 PM PDT
by
mdittmar
To: concerned about politics
I am all for weakening the presidency in favor of a balance of power as per the constitution.
6
posted on
07/14/2003 8:02:23 PM PDT
by
Destro
(Know your enemy! Help fight Islamic terrorisim by visiting www.johnathangaltfilms.com)
To: mdittmar
Those designated areas that our tax dollars pay the upkeep for?Actually, it's not really 'upkeep.' Our tax dollars pay to make sure that there is so much acreage filled with unlogged, clogged, crowded-in trees (ie fuel), that any forest fire will be catastrophic. That way, humans will be burned out of the west, except in cities, where they can be herded onto mass transit and monitored carefully for incorrect thoughts.
Comment #8 Removed by Moderator
To: ModelBreaker
That way, humans will be burned out of the west, except in cities, where they can be herded onto mass transit and monitored carefully for incorrect thoughtsBoy, you hit that nail right on the head!
To: mdittmar
...a power reserved for Congress Thought that applied to wars too.
10
posted on
07/14/2003 11:06:12 PM PDT
by
droberts
To: mdittmar
"The roadless rule has the overwhelming support of the American people," said Jeff Kessler In your dreams, punk.
11
posted on
07/15/2003 3:24:14 AM PDT
by
Smile-n-Win
(It is the nature of evil to self-destruct--but the number of good that get killed is up to the good.)
To: mdittmar
Here's a small but welcome step toward more freedom.
12
posted on
07/15/2003 6:01:31 AM PDT
by
Redbob
To: ModelBreaker
"...humans will be burned out of the west, except in cities,..."By jove, I think he's got it!
(That's undoubtedly their underlying intent.)
13
posted on
07/15/2003 6:06:42 AM PDT
by
Redbob
To: mdittmar; AAABEST; farmfriend; SierraWasp; Jeff Head; EBUCK; blackie
More good news.
The banning of roads into the forest is a critical foundation of the Watermelon Jihadists Rural cleansing programs.
They have not just banned new roads and repair of old roads, they block roads with dead trees, boulders and other debris.
14
posted on
07/15/2003 9:10:42 AM PDT
by
Grampa Dave
(Please invest 17 cents a day/5$ per month in Free Republic as a monthly supporter.)
To: Grampa Dave
We are all praying it holds.
See my post HERE
To: Grampa Dave
Protect The Forest ... Eradicate The Greenies!
Be Well - Be Armed - Be Safe - Molon Labe!
16
posted on
07/15/2003 9:57:26 AM PDT
by
blackie
To: mdittmar
A federal judge Monday struck down a ban on road building in one-third of America's national forests, saying the Clinton administration rule illegally created wilderness areas a power
reserved for Congress.YES !
17
posted on
07/15/2003 10:02:09 AM PDT
by
Publius6961
(Californians are as dumm as a sack of rocks)
To: mdittmar
Does this mean that the coal field that Clinton confiscated for the Indonesians is no longer a "Wilderness"?
18
posted on
07/15/2003 10:20:09 AM PDT
by
Flint
To: mdittmar
"The roadless rule has the overwhelming support of the American people," said Jeff Kessler, conservation director for the Laramie-based Biodiversity Conservation Alliance. Wow.
I never thought my flippant statement of 40 years would become a reality eventually: That anything that can be said will be said.
What is new is that anyone might take nonsense seriously.
That has got to be the most blatant head-up-your errr ear statement I have ever heard. Not even close. Made up totally. Invented.
I live and work among all political and environmental types and no way can that statement be even remotely true.
19
posted on
07/15/2003 12:11:16 PM PDT
by
Publius6961
(Californians are as dumm as a sack of rocks)
To: Publius6961
If you think that's something, read what the judge said about the inmate sex-change that NY taxpayers will be paying for.
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