News Release
USDA Forest Service
Alaska Region
Ray Massey
rmassey@xxxxxxxxx
(907) 586-7876
May 11, 2011
Government Files Proposed Judgment in Tongass Roadless Case
JUNEAU, Alaska- Alaska Forest Service Regional Forester Beth Pendleton today released the following statement concerning the judgment phase of Organized Village of Kake, et al. v. USDA, a challenge to the exemption for the Tongass National Forest from the 2001 Roadless Rule.
“In Organized Village of Kake, et al. v. USDA, a challenge to the exemption for the Tongass National Forest from the 2001 Roadless Rule, the United States filed a proposed judgment in the case today. While the district court had previously entered an opinion invalidating the Tongass exception, the court ordered the parties to discuss the terms of a final judgment which would define the precise contours of such an order.”
“After negotiations between plaintiffs, the USDA, the State of Alaska and the industry intervenors, the United States filed a proposed judgment which identifies a number of pending projects which the parties agreed should not be prohibited by the court’s order. These include several important hydroelectric projects, power line interties, and mining projects.
“The proposed judgment would also allow the Forest Service to offer small scale sales of salvage timber near existing roadways in areas designated as roadless. The Forest Service believes the proposed judgment will provide reassurance to local communities that a number of projects that are important to the economic vitality of Southeast Alaska can proceed under the 2001 rule.
“The United States, along with the Organized Village of Kake and other plaintiffs, submitted the proposed judgment to the court for its consideration. The remaining parties, the State of Alaska and the Alaska Forest Association, are not parties to the filing and will file their own recommendations with the court. While the proposed judgment includes some terms suggested by the State and AFA, they are not parties to the filing. Counsel for the State of Alaska advised that the State does not object to any of the provisions in the proposed judgment, but believes additional provisions should be included and will therefore file a separate proposed judgment for the Court’s consideration. Counsel for AFA advised that the AFA takes no position on the proposed judgment. The AFA does not oppose the provisions in the proposed judgment but believes additional provisions should have been included in that judgment.”
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Editor’s Note: Copy of proposed judgment filed with the court today is attached.
Attachment:
DENVER-#331960-v1-Alaska_Roadless_Proposed_Judgment_(FINAL_PDF).PDF
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