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So when everything burns up because firefighters can't access the fires, the eco-fascists will be happy because the fires will drive all the people away. [EMAIL PROTECTED] Court Reinstates Ban on Building Forest Roads December 13, 2002 By DOUGLAS JEHL WASHINGTON, Dec. 12 - In a victory for environmentalists, a federal appeals court in San Francisco today effectively reinstated a Clinton administration ban on road construction in nearly 60 million acres of national forest. The ruling by the United States Court of Appeals for the Ninth Circuit did not directly address legal challenges to the rule by the State of Idaho and the timber industry. But it overturned a preliminary injunction that has blocked the rule from taking effect. In a 2-to-1 decision, a three-judge panel said a district court in Idaho had "abused its discretion" in May 2001 by blocking the sweeping rule, which was issued in the final days of the Clinton administration, and which is intended to prevent logging, mining and oil drilling across 2 percent of United States territory. The decision means that the Bush administration will have to adhere to the Clinton rule unless the opponents prevail in their challenges, which contend that the Clinton administration, in hurrying to issue the rule before Mr. Clinton left office, did not follow procedures for public consultation that are required under law for so broad an administrative action. Environmental groups that have campaigned in favor of the roadless rule said today that they believed that the appeals court ruling left little room for the lower court judge, Edward J. Lodge of the Federal District Court in Idaho, to do anything but uphold the Clinton action. "As of today, the roadless rule is once again the law of the land," said Niel Lawrence, a senior lawyer for the Natural Resources Defense Council. "The administration will have to abide by it, and the public can enforce it, and that is a huge victory, in terms of the acreage at stake." The Bush administration has never taken an explicit public position on the Clinton rule. But it chose not to defend the rule against the challenge from Western states and the industry, leaving the clear impression that it would not be displeased if the rule were overturned in federal court. Even during the 19 months that the rules were blocked, the administration stopped short of approving projects that would have violated the Clinton protections. At the same time, however, the Forest Service has been weighing plans for timber sales in Alaska's Tongass National Forest in particular that would not be allowed under the roadless rule, and now cannot go forward unless the Clinton rules are overturned. A spokesman for the Forest Service said the agency was reviewing the ruling and had no immediate comment. Boise Cascade, the timber giant that was the lead plaintiff in the challenge to the Clinton rules, did not return telephone calls. The Sierra Club, the Natural Resources Defense Council and the Earthjustice Legal Defense Fund were among the environmental organizations whose appeal of the lower court ruling was upheld today. In issuing the temporary injunction, Judge Lodge had ruled that opponents of the Clinton rule were likely to succeed in their legal challenge, but the Ninth Circuit said that ruling had been in error. "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 court wrote in the decision. The dissenting judge, Andrew M. Kleinfeld, said the roadless rule increases fire dangers by making remote areas less accessible, and should be blocked. http://www.nytimes.com/2002/12/13/national/13FORE.html?ex=1040786986&ei=1&en=daed76440fef808d HOW TO ADVERTISE --------------------------------- For information on advertising in e-mail newsletters or other creative advertising opportunities with The New York Times on the Web, please contact [EMAIL PROTECTED] or visit our online media kit at http://www.nytimes.com/adinfo For general information about NYTimes.com, write to [EMAIL PROTECTED] Copyright 2002 The New York Times Company <A HREF="http://www.ctrl.org/";>www.ctrl.org</A> DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. Substance�not soap-boxing�please! 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