Court overturns tribe's injunction on rules

FRIDAY, DECEMBER 13, 2002

A federal appeals court on Thursday reinstated regulations limiting road construction on nearly 60 million acres of forest land.

The 9th Circuit Court of Appeals, in a 2-1 decision, overturned an injunction that was obtained by the Kootenai Tribe of Idaho and a coalition of industry and state interests. The majority said a federal judge abused his discretion by putting a halt to the rules.

The appeal means the roadless forest initiative is in full force. But the Bush administration has moved to change them in response to complaints by the industry and states. The Department of Justice also refused to defend the regulations when the case went to the 9th Circuit.

The rules were finalized by the Clinton administration and were largely supported by tribes. The Kootenai Tribe and some Alaska Native corporations and tribes, which have timber interests, were the few to come out against them.

Get the Story:
Court Reinstates Ban on Building Forest Roads (The Washington Post 12/13)
Court OKs forests' 'roadless rule' (The Denver Post 12/13)
Court upholds roadless policy (The Anchorage Daily News 12/13)
'Roadless rule' reinstated (AP 12/13)
Court upholds Clinton's 'roadless' rule in national forests (The Seattle Times 12/13)
Court Reinstates Ban on Building Forest Roads (The New York Times 12/13)
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Get the Decision:
KOOTENAI TRIBE OF IDAHO v. VENEMAN, No. 01-35472/76 (9th Cir. December 12, 2002)

Relevant Links:
Roadless Forest Plan - http://roadless.fs.fed.us