Since 1964, when the Wilderness Act became law, Congress has set aside some 35 million acres of national forest land as designated
wilderness. The Roadless Area Conservation Rule, which Bill Clinton issued
shortly before leaving office, protected even more national forest land—58.5
million acres—in a single day. But it was almost more of a symbolic act than a
real change in national forest policy. George W. Bush was just days away from being
inaugurated, and the rule—which put certain sections of national forest
off-limits to road building, and therefore to most forms of logging or mining—looked unlikely to last for long.
But eight years later, the
Clinton roadless rule is still in effect. Its survival is partly due to
the legal skill of the conservation groups that
fought for the rule in court. But most of the credit has to go to the Bush
administration, which was surprisingly incompetent in its attempts to overturn the rule. Most
notably, it didn't conduct an adequate environmental assessment of the
much-weaker replacement rule it issued in 2005—a procedural lapse that caused
judge Elizabeth LaPorte to strike down the new
rule and reinstate the Clinton roadless rule. Despite continued legal wrangling,
the Clinton rule is still in effect everywhere except Idaho and Alaska.
This election will determine whether that
remains the case. John McCain has expressed his opposition to the roadless rule,
and it's likely he'd learn from his predecessor's mistakes and do his
legal homework before coming up with a replacement. Obama, by contrast, supports the rule. And
a pro-roadless president plus pro-roadless majorities in the House and Senate
would mean that the the Roadless Area Conservation Act, which would codify the
roadless rule as statutory law, might finally have a decent chance of passing.
If it did pass, the nation's roadless areas would finally achieve something
close to permanent protection.
--Rob Inglis, High
Country News