Oregon Governor and Attorney General Kroger urge federal government to uphold Clinton Roadless Rule

Governor and Attorney General urge Obama Administration to support 9th Circuit Court Decision

Oct. 6, 2009 -- (Salem) – Oregon Governor Ted Kulongoski and Attorney General John Kroger announced today that they sent letters urging the U.S. Department of Agriculture and the U.S. Department of Justice to pursue a legal strategy that supports the Clinton-era Roadless Rule to protect pristine wilderness areas.

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“The Roadless Rule provides important protections to special places across our country,” Governor Ted Kulongoski said. “I hope we can end this cycle of litigation and implement the Clinton Roadless Rule as originally intended and applied nationwide.”

In California v. USDA, four western states, including Oregon, sued the U.S. Department of Agriculture to protect roadless areas in our national forests. A federal district court set aside the improper Bush-era rule and reinstated the Roadless Rule. The USDA appealed. After Obama took office, the new administration did not withdraw the appeal, despite the President’s support for the Roadless Rule.

“President Obama campaigned against the Bush Administration’s attempts to undermine the Roadless Rule,” added Attorney General Kroger. “I am urging U.S. Attorney General Holder to follow through in court.”

The U.S. 9th Circuit Court of Appeals affirmed the district court’s decision. Kroger notes in his letter that the Department of Justice may ask the 9th Circuit to narrow the geographic scope of the injunction that reinstated the Roadless Rule.

Instead, the Governor and Kroger wrote, the U.S. Department of Justice should appeal the Roadless Rule decision by a Wyoming-based federal judge who ruled in favor of the Bush-era rule and issued an order enjoining the Roadless Rule on a nationwide basis.

U.S. DOJ attorneys have asked the judge in that case to reconsider his ruling or limit the injunction, but he refused.

“I would hope that the Administration will continue its efforts to stay or limit the Wyoming judge’s injunction, rather than seek to limit the injunction in the Ninth Circuit case, which the Administration should support,” wrote the Governor.

For a copy of the Governor’s letter, go to: http://governor.oregon.gov/Gov/docs/2315_vilsack_roadless_rule_litigatio...

For a copy of the Attorney General’s letter, go to: http://governor.oregon.gov/Gov/images/roadless_rule_litigation_toattygen...

Source: Oregon Governor