Legal Battle Results in Protections for Alaska’s Tongass National Forest

NEWS RELEASE: August 29, 2015
Gabe Scott, Cascadia Wildlands, 907.491.0856,
Liz Judge, Earthjustice, 415.217.2007,
Anne Hawke, 202-513-6263, 
Jacob Eisenberg, 202-289-2391,
Ninth Circuit Ensures Continuing Protection of Roadless Areas of Alaska’s Tongass National Forest
Court rejects attempts to exempt the Tongass from the Roadless Rule
Juneau, AK — In a major victory for America’s last great rainforest, the U.S. Court of Appeals for the Ninth Circuit struck down a Bush administration exemption of the Tongass National Forest from the “Roadless Rule,” a landmark conservation rule adopted in 2001 to protect nearly 60 million acres of wild national forests and grasslands from new road building and logging. The Court held the Bush administration failed to provide a reasoned explanation for reversing course on the Tongass. It concluded the Roadless Rule “remains in effect and applies to the Tongass.”  
 “The Tongass’ roadless rainforests are a national treasure, and the last, best intact wildlands in our bioregion,” said Gabriel Scott, Alaska legal director for Cascadia Wildlands. “We are pleased with the court’s decision, and urge the State of Alaska to stop with these wasteful legal battles and recognize that it is a privilege, not a burden, to conserve these national treasures for future generations.”
This case originated in 2009 when a diverse coalition of Alaska Native, tourism industry, and environmental organizations, represented by attorneys from Earthjustice and Natural Resources Defense Council, challenged the Bush Administration’s 2003 rule “temporarily” exempting the Tongass from the Roadless Rule.  The Roadless Rule blocks expensive and controversial new logging roads and clearcuts in intact forests while allowing other economic development—including hydropower, transmission lines, mining, and tourism projects—to proceed.  The Tongass—occupying most of Southeast Alaska—is the nation’s largest and wildest national forest.  In 2011, a federal judge in Alaska ruled in the coalition’s favor, vacating the Tongass exemption and reinstating the Roadless Rule’s application to the Tongass. The State of Alaska then appealed the decision to the Ninth Circuit Court of Appeals, where a 3-judge panel last year reversed the Alaska judge’s opinion by a 2-1 split vote. Today’s order affirmed the district court’s decision and maintains protections for the roadless areas of the Tongass.
Attorneys from Earthjustice and the Natural Resources Defense Council represent the following groups in the case:  Cascadia Wildlands, Organized Village of Kake, The Boat Company, Alaska Wilderness Recreation and Tourism Association, Southeast Alaska Conservation Council, Natural Resources Defense Council, Tongass Conservation Society, Greenpeace, Wrangell Resource Council, Center for Biological Diversity, Defenders of Wildlife, and Sierra Club.
For a copy of the opinion click here.


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