D.C. Circuit Rehearing Petition Filed To Protect The Integrity Of The Roadless Inventory

Today, we filed a rehearing petition requesting that the D.C. Circuit grant rehearing either before the full court or the panel that previously affirmed the Forest Service’s dramatic shift in how it classifies roadless areas in the nation’s roadless inventory.  In the Colorado Roadless Rule, the Forest Service departed from four decades of uniform agency policy and practice by applying political and economic factors to roadless inventory classification decisions, thereby transforming the process from an objective and empirical one into an incoherent one based on which industry applies the most pressure to the Forest Service.  However, the Forest Service never even acknowledged that it was deviating from its past policy and practice, nor did the agency solicit public comment on this radical shift.  As the petition explains, rehearing is necessary to avoid conflict with longstanding precedents from the U.S. Supreme Court, the D.C. Circuit, and the Ninth Circuit.  The petition can be accessed here.