On behalf of Thomas S. Throne at Throne Law Office, P.C.
The United States Supreme Court has taken definitive action to uphold a Clinton-era law exempting more than 4 million acres of pristine Wyoming wilderness from industrial development. The so-called "roadless rule" was enacted in 2001 as part of a massive environmental protection act that involved federal protection on more than 52 million acres of undeveloped wilderness in forests across the country.
How the "roadless rule" affects Wyoming
Legislators and some state representatives challenging the constitutionality of the governmental action that brought the rule about had taken the matter all the way to the U.S. Supreme Court hoping that the law would be struck down. Their novel legal argument - that the U.S. Forestry Service, the agency that introduced and passed the original 2001 legislation, didn't have the authority to pass such a rule pursuant to restrictions put in place by the 1964 Wilderness Act - certainly played a key role in the fact that legal challenges have been actively winding their way through the nation's courts for more than a decade.
The Supreme Court's final, declarative action that the law in Wyoming is permissible and should now be effective without restriction is a victory for environmental activists throughout the state and the country. Nature enthusiasts and watchdog groups alike are happy with the decision, and excited that millions of acres of Wyoming wilderness will remain unsoiled for others to enjoy in the future. Jane Danowitz of the Pew Environment Group hails the Court's action, noting that it "validates ... one of the most important public land conservation policies in a generation."
The fate of similar challenges
That the rule will now go into effect in Wyoming means that it will join several other states, among them Colorado and Idaho, who have already implemented the rule that will prevent deforestation and prohibit the building of roadways through protected areas. One state - Alaska - continues to challenge the implementation of the "roadless rule" as it is written, but some activists think that Alaska's challenge will falter in light of the Court's definitive action in the Wyoming matter.
The delicate balance of nature and industry is one that involves walking a very fine line of governmental regulation and business interests. Luckily, there are law firms who excel at navigating the red tape involved in running a business that respects the laws aimed at protecting the environment and still being successful. If you are involved in a business venture and have concerns about its viability given current environmental law restrictions - or you just need more information about wilderness protection laws as they affect you - consult an experienced environmental law attorney in your area today.