![if gte IE 9]><![endif]><![if gte IE 9]><![endif]><![if gte IE 9]><![endif]><![if gte IE 9]><![endif]><![if gte IE 9]><![endif]>
Not a Lexis+ subscriber? Try it out for free.
LexisNexis® CLE On-Demand features premium content from partners like American Law Institute Continuing Legal Education and Pozner & Dodd. Choose from a broad listing of topics suited for law firms, corporate legal departments, and government entities. Individual courses and subscriptions available.
18, 2012 - DENVER, CO. A western, nonprofit, public-interest legal
foundation today urged the U.S. Supreme Court to review a ruling by a
three-judge panel of the U.S. Court of Appeals for the Tenth Circuit reversing
a Wyoming federal district court's ruling that President Clinton's lame duck
issuance of a rule closing 60 million acres of "roadless" national forest lands
"was a thinly veiled attempt to designate 'wilderness areas' in violation
of the...Wilderness Act." For itself and other western groups,
Mountain States Legal Foundation (MSLF) asked the court to grant a petition
filed by the State of Wyoming. MSLF had urged the panel to uphold the
district court's holding that Clinton violated both the National Environmental
Policy Act (NEPA) and the Wilderness Act. MSLF argued that the Wilderness
Act of 1964 ended the ability of the U.S. Forest Service to treat lands as
"wilderness" and provided that only Congress may designate wilderness.
MSLF represents the Wyoming Stock Growers Association, Public Lands Council,
National Cattlemen's Beef Association, American Sheep Industry Association,
Intermountain Forest Association, and Wyoming Farm Bureau Federation.
is a huge issue for westerners because they are the most directly affected by
Clinton's illegal act," said William Perry Pendley, MSLF president.
2001, the Forest Service enacted the Roadless Rule, which barred road
construction and reconstruction and timber harvesting on nearly 60 million
acres of national forests. In March 2001, President Bush issued a
moratorium on all new regulations that had not yet been implemented. In
May 2001, the Idaho federal district court enjoined implementation of the
Roadless Rule, and, in July 2003, the Wyoming federal district court issued a
nationwide permanent injunction against the Rule. The Forest Service
declined to appeal either ruling. In May 2005, one day after the U.S.
Court of Appeals for the Tenth Circuit heard oral argument on an appeal by
environmental groups, the Forest Service adopted the State Petition Rule, which
reverted to the prior regime of forest-by-forest plans. The Forest
Service then asked the Tenth Circuit to vacate the Wyoming decision.
November 29, 2006, the U.S. District Court for the Northern District of
California set aside the State Petition Rule and reinstated the 2001 Roadless
Rule. Wyoming was not permitted to reinstitute its lawsuit despite its
claim that the California ruling caused it injury. Therefore, on January
12, 2007, Wyoming filed a second suit to declare the Roadless Rule
unlawful. A host of environmental groups intervened in the case in
defense of the Clinton Roadless Rule. In 2001, Mountain States Legal
Foundation had challenged the Clinton rule on behalf of Communities for a Great
States Legal Foundation, created in 1977, is a nonprofit, public-interest legal
foundation dedicated to individual liberty, the right to own and use property,
limited and ethical government, and the free enterprise system. Its
offices are in suburban Denver, Colorado.
of Wyoming v. U.S. Department of Agriculture, Nos. 08-8061,
09-8075 (10th Cir.) [enhanced version available to lexis.com subscribers]
Sign in with your Lexis.com ID to access Real Estate Law resources on Lexis.com or any of these Mathew Bender
Real Estate Law publications.
Click here to order Property Law treatises/resources and Mathew Bender publications.
Click here to order Real Estate Law treatises/resources and Mathew Bender publications.
View the LexisNexis
Catalog of Legal and Professional Publications
here for a list of available LexisNexis eBooks.
Click here to learn more about
For more information about LexisNexis products and solutions connect with us through our corporate site.