Source of this article - Los Angeles Times, March 31, 2007
Regulations were not subjected to environmental reviews or public comment, she rules.By Janet Wilson, Times Staff Writer
A federal judge on Friday overturned Bush administration regulations for
national forests that critics said expedited logging and energy exploration,
weakened wildlife protection, and shut the public out of forest
planning.
U.S. Northern District Court Judge Phyllis Hamilton, based in
San Francisco, found that because U.S. Forest Service officials had not
conducted required environmental impact reviews of their new policies, nor
allowed public comment on "clearly controversial" changes, they should be
invalidated.
If the Forest Service wants to implement the regulations, it
must first conduct such reviews, the judge ruled. She declined to say which past
regulations should govern forest planning until then.
Forestry officials
in 2005 invalidated 1982 standards adopted under President Reagan that protected
more than 400 wildlife species and required comprehensive environmental review
and public comment on forest management plans. In 2001, Bush appointees refused
to implement revised forest management rules drawn up under President Clinton.
Forest Service spokesman Joseph Walsh on Friday declined to answer
questions, including whether the decision would be appealed. Reading a
statement, he said, "The federal government is carefully reviewing today's
decision."
He noted that "presented with similar circumstances," two
other federal judges in the last month had agreed with Forest Service officials
on how endangered species and environmental planning should be
handled.
But Tim Preso of Earthjustice, one of the attorneys who filed
the lawsuit decided Friday, said the other two decisions involved different
rules in specific forests, not policies governing the nation's entire
192-million-acre forest system.
Environmentalists said they were
thrilled by the ruling, although they expressed some concern that forest policy
was being left in limbo.
"I think it's a tremendous decision that
vindicates the public's right to participate in national forest management,"
Preso said.
When they made the changes in 2005, Forest Service officials
said they were streamlining wasteful and time-consuming paperwork and gaining
the ability to respond quickly to evolving forest conditions and scientific
research.
But Sierra Club forest policy specialist Sean Cosgrove said
grizzly bears, salmon, spotted owls and other imperiled wildlife populations
would have lost key protections if the new rules had been upheld.
The
Sierra Club and numerous other environmental groups filed lawsuits to undo the
rules, and the judge decided them jointly.
"The Bush administration's
rules would have undone 20 years of protections for wildlife and clean water,"
Cosgrove said. "This ruling is a huge victory for all Americans who hunt, fish
and enjoy our national forests."