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Wyoming will resurrect ruling against Clinton roadless rules
Casper Star Tribune ^ | 9/20/2006 | BOB MOEN

Posted on 09/20/2006 10:08:48 PM PDT by rwh

CHEYENNE, Wyo. - Reacting to a California court ruling on roadless areas in national forests, Wyoming will seek to resurrect a lawsuit in which a federal judge struck down the Clinton-era ban on logging and other development in roadless areas.

"We had a case that threw out the Clinton rule," Gov. Dave Freudenthal said Tuesday in announcing the state will file a motion over the next week to revive its lawsuit.

A federal judge in San Francisco on Wednesday reinstated the Clinton administration ban on road construction in nearly a third of national forests, including 3.2 million acres in Wyoming. The decision overturned a Bush administration rule that allowed states to decide how to manage individual forests.

However, in 2003, U.S. District Judge Clarence Brimmer had overturned the Clinton rules in a lawsuit filed by Wyoming.

The Brimmer ruling was rendered moot when the Bush administration decided not to appeal the Brimmer decision and instead issued its own rules.

"Well, obviously, this decision in a federal district court in California tends to resurrect an issue which had been deemed moot," Freudenthal said. "And now we're going to go down and say 'OK, if this is no longer moot, we want to reactivate the Brimmer decision,' and we'll proceed.

"And my guess, lawyers will make an immense amount of money over the next year and not much will change."

Wyoming's action would "resurrect the status of events as they sat at the time it was declared moot," Freudenthal said.

Once the Wyoming lawsuit is revived, there will be no Clinton rules.

Erik Molvar, wildlife biologist with the Laramie-based Biodiversity Conservation Alliance, expressed disappointment in Freudenthal's comments, saying he was baffled "why anyone would try to prevent" protection of national forests.

"It seems like a shame to drag this thing out in litigation any longer," Molvar said.

Molvar said the California ruling on Wednesday was good for wildlife and people who like to hike, fish, hunt or ride horseback in the national forests.

"Roadless areas on the Bridger-Teton and Shoshone national forests will now be withdrawn from oil and gas leasing, preserving their value for wildlife and for public recreation," he said. "And roadless lands on the Bighorn National Forest, 85 percent of which were left open to the industrial destruction by the new forest plan, will now be accorded full protection."

Freudenthal said whatever happens with federal forest rules in court will not affect the state's separate agreement with the U.S. Forest Service deferring any new oil and gas leasing in the Bridger-Teton and Shoshone forests until new forest management plans for both forests are completed.


TOPICS: News/Current Events; US: Wyoming
KEYWORDS: nationalforests; resurrect; roadlessrule; wyoming

1 posted on 09/20/2006 10:08:49 PM PDT by rwh
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To: rwh

This is a most confusing bit of reporting I have read in quite some time. It would behove the "reporter" to understand his subject so that he could communicate better.

Bye bye miss MSM!


2 posted on 09/20/2006 10:12:43 PM PDT by Prost1 (Fair and Unbiased as always!)
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To: rwh

These are not legal issues; they are political issues!


3 posted on 09/20/2006 10:14:44 PM PDT by claudiustg (Iran delenda est.)
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To: rwh

More proof Congress needs to abolish the 9th Circuit Court.


4 posted on 09/20/2006 10:15:55 PM PDT by mukraker
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To: rwh

Judge Bremmer is a Ford appointee from 1975.

The Judge that ruled today, Judge Laporte, is a Magistrate Judge appointed by the district judges in the Northern District of California.

posted this earlier today

Judge overturns Bush plan on roadless forests
http://www.freerepublic.com/focus/f-news/1704978/posts

Go Wyoming!


5 posted on 09/20/2006 10:18:26 PM PDT by NormsRevenge (Semper Fi ......Help the "Pendleton 8' and families -- http://www.freerepublic.com/~normsrevenge/)
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To: rwh

There's a difference between conservation and environmentalist idiocy. Conservation allows management of forests.....cutting and removal of dead trees (less tinder), managing roads (making firefighting a little easier), monitoring wildlife.....

Radical environmentalist prefer to leave the forests "untouched". Forests burn easier and faster, wildlife is endangered, streams are filled with gunk....

I'm pretty sick of it.


6 posted on 09/20/2006 10:21:25 PM PDT by Just Lori
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To: Spanaway Lori

Well said!!!


7 posted on 09/20/2006 10:24:14 PM PDT by malia ("How do you get a ceasefire with terrorists"? John Bolton)
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To: Spanaway Lori

Exactly! You nailed it.

Add in the economic impact for those who live there and that was perfectly said.


8 posted on 09/20/2006 10:27:31 PM PDT by volunbeer
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To: Prost1
The article is confusing because the subject is confusing. Basically, Clinton adopted a rule that put some areas of some national forests off limits to roads and development in 2000. Wyoming sued to stop this rule from being implemented in 2001. Wyoming is in the Tenth Circuit. Some other states in the Ninth Circus had previously filed suit to stop the rule from going into effect a little bit earlier. In 2002, the Ninth Circus, of course, ended up upholding Clinton's roadless rule. But a Wyoming U.S. District Court Judge granted an injunction against the rule in 2003. Over the objection of the Bush administration, environmental groups appealed the Wyoming ruling to the Tenth Circuit - but by the time the appeal was heard, the Bush administration reversed the roadless rule, and the Tenth Circuit refused to rule on the case because it was moot.

A (liberal) U.S. MAGISTRATE Judge in San Francisco today set aside President Bush's new national forest management rules (which give more management control to the states), supposedly putting us back in the bad old days of the roadless rule. So, Wyoming now thinks that by re-initiating the lawsuit, the Clinton-era roadless rules will not be in effect in Wyoming.
9 posted on 09/20/2006 10:33:01 PM PDT by conservative in nyc
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To: conservative in nyc

Thanks for the synopsis.

It means Wyoming can take the issue to the Supreme Court because of different prevailing rulings by two districts.

This I know. It still does not make the report any more coherent.


10 posted on 09/20/2006 10:35:40 PM PDT by Prost1 (Fair and Unbiased as always!)
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To: volunbeer
Add in the economic impact for those who live there and that was perfectly said.

Building a house in a forest of old growth is like building a house in a hurricane zone. Sooner or later that house will meet up with disaster and be destroyed.

11 posted on 09/20/2006 10:38:54 PM PDT by BigSkyFreeper (There is no alternative to the GOP except varying degrees of insanity.)
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To: Prost1
It means Wyoming can take the issue to the Supreme Court because of different prevailing rulings by two districts.

Assuming the Tenth Circuit rules differently than the Ninth Circus on the Clinton-era roadless rule, yes. But the Tenth Circuit has never ruled on the issue - it just threw the case out because it was no longer relevant (new rules were promulgated by President Bush superseding the roadless rule).

Arguably, a decision by a U.S. Magistrate Judge in San Francisco doesn't have any effect in Wyoming, anyway. So the Bush Rules could still apply there anyway.
12 posted on 09/20/2006 10:39:26 PM PDT by conservative in nyc
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To: BigSkyFreeper

Yes it is. I live in a subdivision close to 500K houses built in the woods in north Spokane. This is the dry part of Washington State and the woods are dry pines.

I would'nt put my family there for all the money in the world.

There are still alot of jobs being lost due to the amount of land the Federal government owns (especially out west and in Alaska). I am all for conservation but we should ensure that we allow the local economy to prosper in balance with conservation.


13 posted on 09/20/2006 10:43:13 PM PDT by volunbeer
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To: conservative in nyc

What I don't get is how can a judge in the Northern California District court rule on a case that would be better suited for a judge on the bench in the Wyoming District Court.


14 posted on 09/20/2006 10:48:27 PM PDT by BigSkyFreeper (There is no alternative to the GOP except varying degrees of insanity.)
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To: BigSkyFreeper
What I don't get is how can a judge in the Northern California District court rule on a case that would be better suited for a judge on the bench in the Wyoming District Court.

She didn't. It's a totally different case. The U.S. MAGISTRATE in California ruled on whether President Bush's new forest management rules have been properly promulgated. The Wyoming suit was over the old Clinton-era roadless rules. I'm sure there are federal forests in the Northern District of California, making the question also relevant there.
15 posted on 09/20/2006 10:52:33 PM PDT by conservative in nyc
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To: Prost1
Skip to comments.

(reprise) DFU SONG: American Pie (the day the MSM died)
DFU SONGS | 11-2004 | Lyrics, Doug from Upland

Posted on 11/05/2004 6:50:27 PM PST by doug from upland

This was written after the FReepers exposed the Rather phony docs. On the first Tuesday in November in the year of our Lord 2004, the mainstream media suffered a body blow that might not yet be lethal, but it is indeed painful. This is for us to savor and stick in their faces.
==============================================

MIDI - AMERICAN PIE

A long, long time ago...when the TV news biz started
They knew not where it would go
They hoped it would last forever...no matter how they did their jobs
But there were things that they just couldn't know
The public trust they were abusing...they thought that they would catch us snoozing
They sneaked in their bias...pretending to be pious
Talk Radio, cable, and internet...showed them all that their match they met
In his Depends Cronkite wet and Old Media had died

So bye, bye to Old Media, bye
It was quite a run but you are done and now it won't fly
New Media's here, so be a big girl, don't cry
We were laughing as Old Media died...laughing as Old Media died

It was Brokaw, Jennings, and Rather who each night put out all that blather
They determined what was news
They pretended that they were real journalists...the more we heard, the more we're p*ssed
We grew so weary of their slanted views
Every chance they'd knock the GOP...it was obvious, the blind could see
While they put out their leftist prattle...we were getting set for the battle
Well, there came a guy named JimRob who had quite enough
It was time our side proved that it had the right stuff...he took charge and showed them it wasn't a bluff
Old Media would die

We were singing, bye, bye to Old Media, bye
It was quite a run but you are done and now it won't fly
New Media's here, so be a big girl, don't cry
We were laughing as Old Media died...laughing as Old Media died

For years the game they had been winning 'cause they were really good at spinning
It was easy as could be
Entertainment they sometimes threw in for fun...they came down hard on those with guns
Oh my, there's Katie's colonoscopy
There was shock when they examined her..."That's her brain" each one would soon concur
Then the nurses all started screaming...when they realized they're not dreaming
We heard some shout, "Here is a chance we cannot let pass...we will say we're sorry if we're being too crass
Everyone knew Katie's head was in her *ss"
Old Media would die

We were singing, bye, bye to Old Media, bye
It was quite a run but you are done and now it won't fly
New Media's here, so be a big girl, don't cry
We were laughing as Old Media died...laughing as Old Media died

Their cheerleading really was shameless...for what RATS did they're always blameless
No one had been too surprised
To the whole world they'd proven that they were whores...they kissed the feet of Michael Moore
Can I please have that pizza supersized?
He ballooned up to a half a ton...he could cause an eclipse of the sun
To the anchors he was a hero...while things burned they're playing like Nero
There was no chance they would show both sides of anything...propaganda they had been determined to bring
One day they were foiled by the vast right wing
Old Media would die

We were singing, bye, bye to Old Media, bye
It was quite a run but you are done and now it won't fly
New Media's here, so be a big girl, don't cry
We were laughing as Old Media died...laughing as Old Media died

Would they do what's right? They're saying, "NO, never"...they thought they were just so very clever
They thought they'd get away with it
Docs were found down in Sandy Berger's pants...and Dan Rather thought he'd take a chance
With those forgeries now George Bush he would get
Dan used them and he was elated...but Bush is misunderestimated
Thanks to a group of sleepers...pajama-wearing FReepers
So Dan Rather's plan would fail...Ken's frequency was now in a jail
A happy ending to this tale
Old Media would die

We were singing, bye, bye to Old Media, bye
It was quite a run but you are done and now it won't fly
New Media's here, so be a big girl, don't cry
We were laughing as Old Media died


16 posted on 09/20/2006 10:59:15 PM PDT by doug from upland (Stopping Hillary should be a FreeRepublic Manhattan Project)
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