In May 2001, under pressure from Congress and the public, the Bush administration pledged to uphold the rule, promising only minor changes. However, since that time, the administration has contradicted its promise again and again, undoing critical national forest protections. Recently, the administration proposed exempting Alaska's Tongass and Chugach National Forests from the rule and announced their intention to weaken protections for the lower-48 states. The administration also failed to appeal an adverse Wyoming court decision, despite the fact that the rule was recently upheld by the 9th Circuit Court of Appeals.

State Exemptions

The state of Alaska is home to one-fourth of our nation's roadless areas. On June 9, the administration announced an agreement with the state of Alaska that would exempt the Tongass National Forest from the Roadless Area Conservation Rule, along with its intention to reconsider roadless protection for Alaska's Chugach National Forest. The administration also announced its intention to propose allowing governors in the Lower 48 to opt out of the rule. The scope and process for obtaining these exemptions is unknown.

In July, the Administration formally proposed exempting Alaska's Tongass and Chugach National Forests from the roadless rule. More than 300,000 comments were sent from members of congress, major businesses and the public opposing this proposal. A final decision is expected this fall.

The Tongass exemption clears the way for nearly 50 timber projects currently being planned by the Bush administration and the timber industry.

On December 23, 2003, the Bush Administration quietly released its decision to exempt Alaska's Tongass National Forest from the roadless rule, despite widespread public disapproval.

Courts

Just days after the rule was finalized in January 2001, Boise Cascade et al and the State of Idaho (a.k.a The Kootenai Tribe of Idaho et al vs. Veneman) filed suit against the roadless rule in Idaho Federal District Court. The Administration's defense was so poor that Judge Lodge cited the government's own arguments in ruling to effectively halting implementation of the rule by imposing a preliminary injunction.

After Judge Lodge's May 10, 2001 ruling against the rule, the Bush administration decided not to defend the rule in the Ninth Circuit Federal Court of Appeals, despite a promise from Attorney General John Ashcroft at his Senate confirmation hearing to do just that. Environmental groups stepped into to defend the rule in the Ninth Circuit. In November 2002, the Ninth Circuit Federal Court of Appeals reversed the preliminary injunction to allow the federal government to proceed with implementation of the Roadless Rule.

In a similar case brought only by the timber industry in Wyoming, the Bush administration offered a meager defense of the rule. Judge Brimmer of the Wyoming Federal District Court decided that the rule violated the National Environmental Policy Act (NEPA) and the Wilderness Act and imposed an injunction. The Bush administration failed to appeal the Wyoming ruling to the Tenth Circuit Federal Court of Appeals, leaving it once again in the hands of conservationists and environmental groups to defend the rule. These parties are confident the Tenth Circuit Federal Court will reverse the injunction as the Ninth Circuit Federal Court did.

Regulatory Changes

In July of 2001, the administration announced an Advanced Notice of Proposed Rulemaking (ANPR) and posed ten questions to the public that appeared to be based on concerns raised by the timber industry. During the 60-day comment period, the Forest Service received 700,000 public comments, the vast majority again calling for implementation of the rule. Click here to view the Federal Register Notice.

Throughout 2001, the administration also issued several interim directives that, among other things:

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