US roadless rule struck down by 10th Circuit; appeal expected

Oil and natural gas producers and their congressional supporters looking to expand drilling on certain federal lands praised a 10th US Circuit Court decision Tuesday that aims to strike down a "roadless" rule enacted by former President Bill Clinton's administration.

July 16, 2003

2 min read

By OGJ editors

WASHINGTON, DC, July 16 -- Oil and natural gas producers and their congressional supporters looking to expand drilling on certain federal lands praised a 10th US Circuit Court decision Tuesday that aims to strike down a "roadless" rule enacted by former President Bill Clinton's administration. Wyoming was the latest state to challenge the controversial regulation that restricts logging and road building in about one third of US national forests.

Locked-in oil, gas
A US Department of Energy-funded study in 2000 said an estimated (mean) 11.3 tcf of natural gas and 550 million bbl of oil could underlie inventoried roadless areas. The vast majority of those resources are in the Rocky Mountains, where the rule would shut-in an estimated 9.4 tcf of gas (OGJ Online, Apr. 4, 2001). An updated 2002 study of the Powder River basin found those numbers could be even higher (OGJ Online, Dec. 17, 2002).

"This decision is great news for those who support the rule of law and those who support commonsense land management plans," House Resource Committee Chairman Richard Pombo (R-Calif.) said. "The roadless rule would arbitrarily fence-off land and throw away the keys. This 'don't touch' management plan would also block recreation activities and prohibit critical maintenance to prevent catastrophic forest fires. When has there ever been common sense or smart environmentalism in planning to do nothing?"

In his decision, Judge Clarence Brimmer from the 10th Circuit based in Cheyenne, Wyo., said the US Forest Service's (USFS) designation of 58.5 million acres as roadless areas "was a thinly veiled attempt to designate 'wilderness areas' in violation of the clear and unambiguous process established by the Wilderness Act for such designation."

Legal challenges ahead
But industry lobbyists cautioned many legal obstacles remain, despite the recent ruling.

Eight environmental groups Wednesday said they will ask the 10th US Circuit Court of Appeals in Denver to reinstate the ban. The groups said they were confident they could win a quick decision in their favor.

Brimmer's injunction is similar to action taken by another federal district judge in Idaho. But his decision was later overturned in December 2002 by the 9th US Circuit Court of Appeals in San Francisco (OGJ Online, Dec. 19, 2002).

USFS said they might issue an interim directive to clarify current law. They also said they are committed to streamlining oil and gas permitting on available public lands provided it is in an environmentally responsible manner.