Oregon, Washington, California, and New Mexico initiated the lawsuit to challenge the Bush Administration’s repeal of the Clinton era protections.   The Governor noted that the original 2001 Clinton roadless rule was a product of intensive evaluation, analysis and public input. 

 

“Today’s ruling is a significant victory for our efforts to protect nearly two million acres of roadless areas,” said the Governor.  “These two million acres offer some of the best hunting and fishing in our state, and should be preserved as part of every Oregonian’s natural heritage.  Once again, Western states have taken the lead in fighting federal rollbacks of critical environmental safeguards.”

 

The Governor sought public input from Oregonians around the state to inform his roadless petition under the 2005 rule earlier this summer.  It is unclear if such a petition now will be submitted, although all comments will be reviewed and considered.

 

Public support in Oregon overwhelming favored restoring protection of the roadless area.  More than ninety percent of the 79,000 Oregonians who submitted comments in 2000 favored protecting roadless areas.

 

“Oregonians should have the opportunity to have a meaningful role in determining the future of our forests,” said the Governor.  “And today’s ruling should put to rest more than 30 years of debate so we can focus on more critical forest priorities – like addressing declining forest health, catastrophic wildfires, and creating sustainable and predictable harvest levels.”

 

The Governor called on the federal government to not appeal today’s decision.  Instead, the federal government should work with the states on strategies to both protect forest health and enhance rural economies, said the Governor.

 

“The Bush Administration must end this practice of using our forests as a political football,” said the Governor.  “Instead, they should partner with us to improve water quality and reduce fire danger—but that can only happen if Washington puts the interest of forest health above the interests of partisan politics.” 

 

The Governor also praised the work of Oregon Attorney General Hardy Myers and other Western state partners.

 

“I would also like to thank Attorney General Hardy Myers and the attorneys at the Oregon Department of Justice who handled this matter,” added the Governor.  “This case again demonstrates how states, acting together, can successfully challenge the Bush Administration and force the federal government to honor core environmental safeguards.”

 

In invalidating the 2005 Bush Administration rule, the Court explicitly reinstated the more protective 2001 Clinton rule.  The Court invalidated the 2005 rule because, prior to adopting the rule, the federal government had failed to perform the environmental assessments required by the National Environmental Policy Act.  The Court also found that the federal government had failed to consult wildlife agencies as required by the Endangered Species Act. 

 

The Court recognized that the new Bush Administration rule was a major and substantive federal action that required environmental analysis.  The Court also recognized that Inventoried Roadless Areas are “biological strongholds for populations of endangered and threatened species,” requiring Endangered Species Act consultations.  In sum, the Court determined that the federal government’s decision making in adopting the 2005 rule was “uninformed” and contrary to federal environmental laws. 

 

Media Contacts:

Lonn Hoklin: 503.378.6169

Charlie Burr: 503.378.6496