Concord, NH - The controversial wrangling over the national forest "roadless rule" may have reached the end of its journey. A ruling by the Ninth Circuit Court of Appeals in San Francisco has affirmed a lower court's 2006 reinstatement of the rule's original provisions, approved by the Clinton administration in 2001, which had substantially limited road development in national forests. The new policy tosses out a change during the Bush administration, which had allowed states to establish individual policies on building roads. The Court's decision solidifies protections for about 60 million acres nationwide, including 400,000 acres of New Hampshire's White Mountain National Forest.

Environmental advocates hail the decision, including Jane Danowitz, public lands program director with Pew Environment Group, who says backers of the original rule are now looking for an official declaration from the White House so that the rule cannot be changed again. Some believe Congressional action would be needed to stop a lingering cycle of lawsuits over the rule, as well as to address the continued work by some states to establish their own policies, she says.

"The ruling is really a game-changer in what has been at least a decade-old fight to save the nation's last undeveloped forests."

The roadless rule has generated years of controversy, with some logging, mining, and motorized recreation interests criticizing development restrictions in roadless areas. Danowitz says the original rule had enjoyed strong public support from the beginning because it preserved land for hunting, fishing, hiking, horseback riding and other recreation.

"Where there hasn't been controversy, and where there has been agreement, is that these national forests need protection."

As the court decision was pending, the Obama administration called a "time out" in June on development activity and awaited further review of the issue. Opponents of the rule argue it has unfairly limited forest activities, and there is some question about whether the court's ruling holds over states, such as New Hampshire, which lie outside the Ninth Circuit's jurisdiction. The Ninth Circuit covers Alaska, Arizona, California, Idaho, Montana, Nevada, Oregon and Washington. Meantime, the ruling may not be the final say, since in 2008, a federal district court judge in Wyoming invalidated the Clinton administration rule, and now that ruling has been appealed to the Tenth Circuit, which has not ruled.


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Conservation groups, tribes and community organizers are praising President Joe Biden's decision Thursday to expand two national monuments in California.

Together, the monuments will gain about 120,000 acres. The Berryessa Snow Mountain National Monument is 90 minutes northwest of Sacramento and the San Gabriel Mountains National Monument lies just east of Los Angeles.

Brenda Gallegos, public lands manager for the nonprofit Hispanic Access Foundation, said millions of urban families live close to the San Gabriel Mountains.

"A lot of our Latino communities don't have access to nature, prominently, like 67% of Latino communities don't have access to green spaces or blue spaces," Gallegos pointed out. "Having these expansions designated today brings us closer to closing that nature gap."

The president used his powers under the Antiquities Act to expand the monuments in order to increase public access and protect the watershed and wildlife habitat. The move also makes progress toward Biden's goal of protecting 30% of the country's public lands by 2030.

Gallegos said Berryessa Snow Mountain National Monument in Lake County will include an area previously known as Walker Ridge, now renamed Moluk Loyuk, which means Condor Ridge in the Patwin tribal language.

"This is important because it establishes a co-stewardship with federally recognized tribes and will return the indigenous names of these lands to them," Gallegos explained. "This continues to build that great relationship with tribes."

Land managers will now create a new management plan for the area, which could include new campsites, hiking and mountain biking trails, and even off-highway vehicle-designated routes.

The Bureau of Land Management recently released its final Public Lands Rule, which is set to put conservation on equal footing with other multiple uses taking place on public lands.

The state of Utah has come out in opposition, pointing to the impact it could have on the almost 23 million acres of BLM land in Utah.

Redge Johnson, director of the Utah Public Lands Policy Coordinating Office, said the state supports conservation efforts but called the rule a "solution looking for a problem."

"What we have already put into conservation designations and then what you have for the acts that promote the conservation of the lands, why do you need to level that playing field?" Johnson questioned. "The playing field has more than leveled over the past 40, 50 years with the passage of all these acts."

Johnson contended Utah's lands and wildlife will suffer as a result of the rule and added it'll make mining critical metals used for batteries even more difficult. He and others, like Gov. Spencer Cox, called on the BLM to immediately withdraw the rule and work with stakeholders on more practical solutions.

Conservationists see the rule as a big win for restoring and sustaining public lands for future generations.

Johnson described Utah's public lands a "fire dependent ecosystem," adding fuel loads have accumulated drastically due to over a century's worth of fire suppression. He argued the rule will make executing and continuing vegetation management projects more difficult, including reducing the threats posed by fuel loads.

"One of the biggest contributors we have to carbon dioxide right now are wildfires, at least in the West," Johnson asserted. "Transportation, all the others, yes absolutely. But wildfires are a huge contributing factor to that. One of the best things we could do is reduce the fuel loads on some of these areas to reduce the fire risk and this rule puts that at risk."

The rule also creates the frameworks for "restoration and mitigation leases," which will allow groups to restore public lands or to offset the effects of a particular use. Johnson argued the leases will leave too many loopholes but the BLM said they will not "disturb existing authorizations."


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Conservation groups are rejoicing over the decision Friday by the Biden administration to reject a proposed mining road in Alaska.

The 211-mile Ambler Road would have sliced through the Gates of the Arctic National Park and Preserve, severing the migration route for a Western Arctic Caribou herd.

Alex Johnson, interior Alaska director for the National Parks Conservation Association, said it was important for the feds to take a stand in Alaska so mining interests do not start eyeing other national parks.

"This is a very expensive, destructive and just highly speculative project that does not in any way support our clean energy goals as a country," Johnson contended. "And ultimately would permanently threaten the health and well-being of local communities and the tribes."

Alaska Sen. Lisa Murkowski slammed the decision, warning it could limit jobs and tax revenues for Alaska by preventing exploration for minerals she said are important to national security, like copper, cobalt, gallium and germanium.

Jayme Dittmar, a photographer and filmmaker from Fairbanks, said the road would have been very disruptive to the 66 Native American villages along the proposed route.

"That'd be 168 trucks passing through close vicinity to the villages," Dittmar pointed out. "There would be hundreds of bridges built. It would dismantle a subsistence livelihood that's been in place for thousands and thousands of years."

The road was seen as a negative for tourism to the Brooks Range area. According to the Alaska Travel Industry Association, Californians make up 9% of visitors to Alaska.