National Forest Legal News Blog


New Decision - 10th Circuit Reverses Wyoming Court on Roadless Rule

Posted by nationalforestlawblog on October 24, 2011 at 11:15 AM

The 10th Circuit, in a 120 page decision late last week, reversed the Wyoming district court and reinstated the 2001 Roadless Rule.  The appellate court said that the district court abused its discretion in issued a nationwide injunction.  The Court rejected Wyoming's arguments under the Wilderness Act holding that inventoried roadless areas "governed by the Roadless Rule are not de factor administrative wilderness areas".  It also went on to reject Wyoming's NEPA, NFMA and Organic Act/MUSYA claims.  Wyoming has not announced whether it will file a cert request with the US Supreme Court. 

The Christian Science Monitor has this article about the case, posing the question:  Forest 'roadless rule': environmental victory or US job-killer?

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