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District court blocks roadless rules; Clinton rule illegally designated wilderness areas
Associated Press ^ | 07-14-03

Posted on 07/14/2003 5:48:52 PM PDT by Brian S

Edited on 04/13/2004 2:42:57 AM PDT by Jim Robinson. [history]

A federal judge Monday struck down a ban on road building in a third of America's national forests, saying the Clinton administration rule illegally designated wilderness areas.

It was the second injunction issued by a federal judge against the so-called roadless rule. The first, in 2001, was overturned in December by the 9th U.S. Circuit Court of Appeals, based in San Francisco.


(Excerpt) Read more at sfgate.com ...


TOPICS: Front Page News; Government; US: California; US: Florida; US: Idaho; US: New Hampshire; US: Oregon; US: Virginia; US: Washington; US: Wyoming
KEYWORDS: forests; roadlessrule; wilderness
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To: Carry_Okie; farmfriend; Grampa Dave; B4Ranch; AAABEST; Noumenon; harpseal; AuntB; Brad's Gramma; ...
Very hopeful news indeed.

This is a couragous District Court judge and God bless and support him.

This judge's ruling will be appealed to the 10th Circuit, which is much more conservative then the 9th Circuit which overturned the last federal judge's ruling against this ban.

Hopefully, his ruling will stand at the 10th circuit and then the Supreme Court will either refuse to hear it, or rule with them, ending once and for all Clinton's power grab that has hurt so many in the west and throughout the country in lumber, mining and other areas.

41 posted on 07/15/2003 6:49:08 AM PDT by Jeff Head
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To: AAABEST
In a 100-page ruling, Brimmer said the U.S. Forest Service designation of 58.5 million acres of roadless areas nationwide -- including 3.5 million in Wyoming -- was a "thinly veiled attempt to designate 'wilderness areas' in violation of the clear and unambiguous process established by the Wilderness Act."

The judge steals wording that has been on FR for months and years. Good for Brimmer and its about time.

42 posted on 07/15/2003 6:49:33 AM PDT by BOBTHENAILER (Dues paying member of the vast right wing conspiracy)
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To: Jeff Head
Hopefully, his ruling will stand at the 10th circuit and then the Supreme Court will either refuse to hear it, or rule with them, ending once and for all Clinton's power grab that has hurt so many in the west and throughout the country in lumber, mining and other areas.

I have my doubts that the ruling will result in the outcome you infer.

43 posted on 07/15/2003 7:07:31 AM PDT by Carry_Okie (The environment is too complex and too important to be managed by politics.)
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To: farmfriend
Protect Private Property Rights!

Stop the attacks on our Freedoms by the wacko, extreme left-wing, lunatic fringe, dirt worshipping Green Jihadist, enviro-nazis terrorist's and their toadies in the media!

Protect The Forest...Eradicate The Greenies!

Fighting Irresponsible Radical Environmentalism!

Freedom Is Worth Fighting For!

Be Well - Be Armed - Be Safe - Molon Labe!
44 posted on 07/15/2003 7:18:47 AM PDT by blackie
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To: Carry_Okie
So do I...but I am nonetheless holding out hope. This ruling give a reason for that hope where there was none before.

We'll see what happens at the 10th Circuit.

45 posted on 07/15/2003 7:47:29 AM PDT by Jeff Head
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To: SierraWasp
Clintons get slapped AGAIN by the courts!

Clintons Lose Whitewater Appeal

I contend the most interesting thing is this ruling is not the money, but the finding of the three judge panel that the Madison Guaranty and Whitewater charges merited investigation whether OR NOT an independent counsel had been appointed.

46 posted on 07/15/2003 8:59:11 AM PDT by cyncooper
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To: Brian S
woooohooooo!! eh
47 posted on 07/15/2003 9:00:18 AM PDT by timestax
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To: Jeff Head
If this decision stands and the Scotus ignores as we hope, the Watermelon Green Jihadists have suffered a severe blow. This is great news as you posted:

Hopefully, his ruling will stand at the 10th circuit and then the Supreme Court will either refuse to hear it, or rule with them, ending once and for all Clinton's power grab that has hurt so many in the west and throughout the country in lumber, mining and other areas.

48 posted on 07/15/2003 9:18:56 AM PDT by Grampa Dave (Please invest 17 cents a day/5$ per month in Free Republic as a monthly supporter.)
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To: Grampa Dave
My ignorance of the complex federal legal system is showing! Does a Fed Dist Judge have the power to maintain a ruling that over-rules the 9th Dist court of appeals? I always thought the court of appeals was the last stop before the Supremes! I'm obviously missing something here... straighten me out, please.
49 posted on 07/15/2003 9:25:57 AM PDT by SierraWasp (The Endangered Species Act had not saved one specie, but has ruined thousands of American Dreams!!!)
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To: SierraWasp; Jeff Head
Ask Jeff Head. I just got a head ache!
50 posted on 07/15/2003 9:31:56 AM PDT by Grampa Dave (Please invest 17 cents a day/5$ per month in Free Republic as a monthly supporter.)
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To: SierraWasp; Grampa Dave
This is a different case, where the Judge is overruling the Clinton roadless rule for different reasons.

It supercedes the 9th Court on different grounds, but happened in the 10th venue, where they must decide. Then, it would be onto the SCOTUS.

I'm no legal scholar, but that is how I see it and hope it helps.

51 posted on 07/15/2003 9:37:34 AM PDT by Jeff Head
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To: George Frm Br00klyn Park
Here Here!
52 posted on 07/15/2003 10:08:02 AM PDT by countrydummy
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To: Jeff Head
I am so hoping and praying you are right Jeff!
53 posted on 07/15/2003 10:17:48 AM PDT by countrydummy
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To: tubebender
Some uncommon sense BUMP...

BUMP!

54 posted on 07/15/2003 10:30:08 AM PDT by EBUCK (FIRE!....rounds downrange! http://www.azfire.org)
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To: countrydummy
How are you doing?

I haven't seen anything from you for quite awhile.
55 posted on 07/15/2003 10:59:01 AM PDT by Grampa Dave (Please invest 17 cents a day/5$ per month in Free Republic as a monthly supporter.)
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To: Grampa Dave
I am fine and you? I have been here, and posting allot. Farmfriend beats me to the posting pretty much though! lol I stay in the chat room allot. Great folks in there you should try it!
56 posted on 07/15/2003 11:05:35 AM PDT by countrydummy
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To: countrydummy
Great that you are doing fine.

Isn't great that Free Republic has some options for us?
57 posted on 07/15/2003 11:07:14 AM PDT by Grampa Dave (Please invest 17 cents a day/5$ per month in Free Republic as a monthly supporter.)
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To: Jeff Head; Grampa Dave
Oh! Ok! I thot the 2 cases might lop over on each other too much, or something. Just worrying and hoping. You explanation makes sense. thank you sir!!!

Ok, Grampa. I'll give you a pass this time as long as you take your assburn!!! (grin)

58 posted on 07/15/2003 11:25:41 AM PDT by SierraWasp (The Endangered Species Act had not saved one specie, but has ruined thousands of American Dreams!!!)
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To: SierraWasp; Jeff Head; Carry_Okie
Don't do that to me so early in the morning before my brain cells are saturated with real coffee re hard questions like this.

One of the nice things about being a self proclaimed old F$rt is to admit that I don't know everything.

Then, I can defer the hard questions to people like Jeff Head, Carry Okie, sometimes you and other good freepers.
59 posted on 07/15/2003 11:30:48 AM PDT by Grampa Dave (Please invest 17 cents a day/5$ per month in Free Republic as a monthly supporter.)
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To: Grampa Dave
yes it is. Agitator is a great guy as well and has the chat room up and running 24/7 and just made it easier to use.
60 posted on 07/15/2003 11:32:48 AM PDT by countrydummy
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