In the July 14th Wyoming decision, Judge Clarence Bremmer ruled that the Clinton administration, in a rush to issue the roadless rule before leaving office, failed to allow the public a sufficient opportunity to comment on the standards, even though the Forest Service held 187 public meetings on the issue, drawing about 16,000 people. Bremmer also called the rule a “thinly veiled attempt to designate ‘wilderness areas’” -- a power reserved for Congress under the Wilderness Act.

“The roadless rule is probably the best conservation measure of this generation,” said Jim Angell, an attorney at Earthjustice, a group that plans to appeal the ruling. “We believe the court of appeals will agree with us and reverse the lower court.” The administration has declined to say whether it will join Earthjustice and other environmental organizations in an effort to have the rule reinstated.

However, even if the appeal is successful in preserving the road-building ban, Alaska’s Tongass and Churgach National Forests, as well as other areas, will likely be exempt from logging and development restrictions. On July 15, the Bush administration, issued a temporary roadless rule exemption for the Tongass -- a move agreed to in a legal settlement between the Forest Service and the state of Alaska. The temporary measure allows timber sales to continue while the agency develops permanent standards for the area.

The administration is seeking comments on whether the exemption should be made permanent and whether it should be extended to Churgach as well. The Forest Service also plans to issue a rule this fall allowing governors to pursue exemptions from the roadless rule for select areas.