The Roadless Area Litigation Timeline
2006
May 31: Latest Litigation update: Legal Status of The Roadless Area Conservation Rule, Prepared by Michael Anderson, Senior Resource Analyst, The Wilderness Society.
2003
November 13: In an unprecedented move, the Bush administration filed a brief yesterday arguing that citizens have no right to defend the roadless rule, despite the administrationís failure to do so. This action came as the Bush administration is analyzing public comments on its recent proposal to exempt the entire state of Alaska from the roadless rule.
September 12: The administration fails to defend the roadless rule as they let the deadline for appeal pass on Judge Brimmerís ruling enjoining the Roadless Area Conservation Rule.
August 28: At the final hour, the Bush administration requests a 60-day continuance for oral arguments in the case against the roadless rule brought by the timber industry and the state of North Dakota. The plaintiffs state their reason for requesting the continuance was linked to the administrationís intention to "initiate a rulemaking relating to the roadless rule in the near future...[and] that revisions to the Roadless Rule will affect this case."
July 14: The Bush administration announces it decision to exempt Alaskaís National Forests from the roadless rule as part of a court settlement with the State of Alaska and the timber industry. This decision effects the Tongass National Forest America's largest national forest and last coastal rainforest. The administration also announced its intentions to allow governors to opt out of the roadless rule.
June 9: The Bush administration announces it decision to exempt Alaskaís Tongass and Chugach National Forests from the roadless rule as part of a voluntary dismissal with the State of Alaska and the timber industry.
April 7: The 9th Circuit Court of Appeals denies State of Idahoís and Boise Cascade Corporationís petitions for rehearing and for en banc consideration of the Roadless Area Conservation Rule case confirming that the rule is legally sound. By refusing to rehear the case, the entire 9th Circuit has upheld its December 12th decision that the lower courtís injunction against the roadless rule was an abuse of discretion.
January 28: State of Wyoming case against the roadless rule is heard in Wyoming.
2002
December 23: State of Idaho, Boise Cascade et al file with the 9th Circuit Court of Appeals asking for the roadless case to be reheard by a larger panel of 9th Circuit judges.
December 12: 9th Circuit Court of Appeals lifts an injunction on the Roadless Area Conservation Rule -- effectively making it the law of the land.
January: Judge Brimmer denies the federal government's motion to stay the State of Wyoming's case against the Roadless Rule.
2001
October 15: Ninth Circuit holds hearing on expedited appeals of Judge Lodge's preliminary injunction.
October 1: Judge Jackson grants federal government's motion to stay indefinitely the two Roadless Rule lawsuits filed in the District of Columbia.
September 10: State of North Dakota files lawsuit challenging Roadless Rule.
June 6: Montana attorney general files amicus brief with Ninth Circuit in support of Roadless Rule.
May 19: State of Wyoming files lawsuit challenging Roadless Rule.
May 10: Judge Lodge issues a preliminary injunction blocking implementation of Roadless Rule; environmental intervenors appeal to Ninth Circuit Court of Appeals.
May 8: Four counties in North Dakota file lawsuit challenging Roadless Rule.
May 4: Bush Administration files a skimpy status report with Judge Lodge saying that it will implement the Roadless Rule, but will propose amendments to the rule that address the concerns of Judge Lodge and the plaintiffs.
May 3: States of Montana and Wyoming file friend of the court briefs in support of the State of Idaho's lawsuit.
April 20: State of Utah files lawsuit in Utah U.S. district court.
April 20: Timber industry coalition, led by American Forest and Paper Association, files lawsuit in District of Columbia U.S. district court.
March 30: At court hearing on Idaho preliminary injunction motions, the Bush Administration does not defend the Roadless Rule and asks the court to wait for the Administration to complete its review and file a status report by May 4.
March 28: State of Colorado files friend of the court brief in support of State of Idaho's lawsuit.
March 21: The Bush Administration's response to the Idaho PI requests makes no effort to defend the Roadless Rule and suggests the court enjoin the roadless rule after May 12.
March 16: Nez Perce Tribe submits friend of the court brief opposing the PI request.
March 16: Bush Administration requests a 42-day delay in responding to Idaho PI motions and commits to postponing implementation of Roadless Rule until Judge Lodge rules on the PI motions.
March 9: Bush Administration requests delay in answering both Idaho complaints.
February 20: Boise Cascade files motion for a preliminary injunction (PI), requesting decision on their case prior to May 12.
January 31: State of Alaska files suit in Alaska U.S. district court.
January 9: State of Idaho files suit in Idaho U.S. district court. Case assigned to Judge Lodge.
January 8: Boise Cascade et al. files suit in Idaho U.S. district court. Case is assigned to Judge Edward Lodge.
January 5: President Clinton signs the Roadless Rule into law.
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