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Old 16-12-2002, 02:33 PM
Geoff Kegerreis
 
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Default Court clears way for Clinton ban on forest roads

It is my opinion that if this type of conclusion in the courts regarding our
national forests continues (considering the current state of a large majority of
the USFS forestlands) we will be not only using products from other countries
(primarily Brazil and other S.A. countries), but increasing the rate of destruction
of biodiversity there and losing jobs in North America (including Canada and the
USA) and soon lumber prices will skyrocket which will of course tie into the
construction and financial markets heavily (the domino effect). This is in
addition of course, to the huge cost of wildfire maintainence which by the way,
pays government employees millions every year in overtime hours (some of the pay
while they are sitting on their duffs). Apparently, some of these environmental
groups care nothing of the environment, or are losing some of the big picture
somewhere.

The main problem concerning this issue is fires - and of course that has resulted
in mistakes made by previous forest industry people. Back then (before the
1930's), there was very little concern for conservation - and I will admit that at
least some of the forestry "professionals" have that same mentality even today -
all timber and no birdies. We must have a balance, people, not either one way
(lock it up) or the other (cut it up)!!!

Ah, hell maybe these court rulings are a good thing - maybe I can get a suntan in
my new big 10,000 square foot "green" house just like those wealthy jet-setters who
run the environmental orgs...That is after I learn how to speak Portugese...

If there are any earth first!, Earth justice, Sierra clubbers or any of the
1,000,000 people out there (probably a very low approximation) that truly support
outcomes such as this, please explain your take on this outcome!!!

-Geoff

Aozotorp wrote:

Court clears way for Clinton ban on forest roads

By Christopher Doering

WASHINGTON, Dec 12 (Reuters) - A federal appeals court in San Francisco on
Thursday reinstated a Clinton administration ban on road construction in nearly
60 million acres of U.S. forests, overturning a preliminary injunction obtained
by Boise Cascade Corp. BCC.N.

The decision overturned a lower court ruling in favor of Boise Cascade, which
is among many U.S. timber, mining and energy companies that oppose the
roadbuilding ban.

"This is a huge victory for our last wild forests, but also for the 1 million
people who supported this rule," said Tim Preso, a lawyer with Earthjustice
Legal Defense Fund, who had a copy of the decision issued by the 9th Circuit
Court of Appeals.

Environmental groups, including the Sierra Club, went to the appeals court
seeking to lift a May 2001 injunction issued by a federal judge in Idaho. The
judge halted the Clinton plan at the request of Boise Cascade, saying the
previous administration hurried the rule, skirted environmental rules and did
not allow enough time for the public to comment.

The Clinton plan aims to prevent road construction and the removal of oil and
lumber in 58.5 million acres (23.67 million hectares) of federal forest land,
unless needed for environmental reasons or to reduce the risk of wildfires.

U.S. timber, mining and oil companies oppose the plan because they cannot move
in heavy equipment without roads. It was issued just days before Clinton left
office in January 2001.

The Bush administration was accused by environmental groups of failing to
vigorously defend the road-building ban in the lawsuit.

On Thursday, a federal appeals court reversed the Idaho judge's ruling.

"Because of its incorrect legal conclusion on prospects of success, the
district court proceeded on an incorrect legal premise, applied the wrong
standard for injunction, and abused its discretion in issuing a preliminary
injunction," the 9th Circuit Court of Appeals wrote in a 55-page decision.

Environmental groups and the Bush administration have clashed on other forest
issues.

On Wednesday, the White House proposed to help prevent wildfires by making it
easier to cut down the forest growth that fuels them. That move was criticized
by activist groups who said logging companies would exploit the relaxed
measures to commercially harvest timber under the guise of forest-thinning
projects.

In November, the Bush administration unveiled a plan to give local forest
managers greater control over commercial activities in federal forests, a
policy that opponents said would skirt environmental rules designed to protect
fish and wildlife.