Senator Maria Cantwell Timeline on the Roadless Rule
Senator Cantwell is working to ensure that the existing federal rule on Roadless Area Conservation, which would protect vital watersheds for drinking water and preserve 58 million acres of public lands for recreation, is vigorously enforced by the Department of Justice.
September 1999 The Forest Service prepares a detailed rulemaking and Environmental Impact Statement of a new rule that limits road building in 58 million acres of the national forest. The process includes the receipt of 1.6 million comments and the holding of 600 public meetings.
January 12, 2001 The rule on the National Forest Roadless Area Conservation is published in the Federal Register, making it final and giving it the force of law.
January 17, 2001 At his confirmation hearing, Attorney General nominee John Ashcroft promises Senator Cantwell that as Attorney General he will "support and enforce" the Roadless Forest Protection Rule along with other laws and will not be "result oriented" despite the wishes of the White House.
January 23, 2001 White House Chief of Staff, Andrew Card, issues a memo which is used to delay the effective date of final rules, including the Forest Protection Rule, issued during the Clinton Administration so Bush agency appointees can review them and determine their fate.
March 15, 2001 After a case is filed in U.S. District Court in Idaho seeking a preliminary injunction on the Roadless Forest Protection Rule, Senator Cantwell sends a letter, co-signed by Senator Patrick Leahy (D-VT), reminding Attorney General Ashcroft of his commitment to support and enforce the law.
March 21, 2001 In the court case before the U.S. District Court in Idaho, the Department of Justice (DOJ) files only a minimal five-page brief that does not refute plaintiffs' arguments.
March 29, 2001 Senator Cantwell and Attorney General Ashcroft speak by telephone, and he reaffirms his commitment to "vigorously enforce" the Roadless Forest Protection Rule during the upcoming court hearing.
March 30, 2001 Rather than actively arguing the case before the court or specifically addressing the plaintiffs' arguments, DOJ attorneys read a three-minute prepared statement at the hearing in the U.S. District Court in Idaho.
April 4, 2001 Senator Cantwell meets with Attorney General Ashcroft and his staff in the Capitol to discuss the DOJ's handling of the Roadless Forest Protection Rule.
April 10, 2001 The U.S. District Court judge in Idaho issues an order declining to act until receipt of the DOJ's status report on the Department of Agriculture's review of the Roadless Forest Protection Rule on May 4, but accepting the plaintiffs' arguments.
April 12, 2001 Senator Cantwell sends a second letter to Attorney General Ashcroft, expressing her concerns about the way the case is being handled and underscoring her expectation that he will follow through on his commitment to support and enforce the law.
April 26, 2001 According to press reports, White House officials instruct the DOJ to find a way to set aside the rule until it can be revised, rather than allowing it to be implemented as scheduled on May 12, 2001.
April 26, 2001 Energy and Natural Resources Subcommittee on Forests and Public Land Management Hearing on "Energy implications of the Forest Service's Roadless Area Rulemaking." Senator Cantwell calls Administrative Law Professor Tom McGarity to testify on the legality of the Administration's actions.
May 4, 2001 The Administration is required to provide the Idaho court with the results of its "review" of the Roadless Forest Protection Rule.
May 4, 2001 Agriculture Secretary Ann Veneman announces that the Administration will implement the existing Roadless Forest Protection Rule but will begin a new rulemaking process in June. The new rulemaking process will keep the "core protections" of the rule, but could undermine key protections.
May 5, 2001 DOJ files document with the District Court that is substantially similar to Secretary Veneman's statement.
May 10, 2001 The Idaho Court issues a preliminary injunction that delays the implementation of the Roadless Forest Protection Rule, relying in part on DOJ's papers filed in opposition to the injunction.
May 12, 2001 The Bush Administration's initiated delay of the Roadless Forest Protection Rule ends.
May 14, 2001 Senator Cantwell sends a third letter to Attorney General Ashcroft, expressing her concerns about the way the Idaho case was handled, and calling on the DOJ to promptly appeal the decision and vigorously argue in favor of the Rule.
June X, 2001 Forest Chief Dale Bosworth issues a directive to be in effect during the pendency of the injunction that keeps the status quo of local planning in effect.
July 1, 2001 Department of Agriculture issues an Advanced Notice of Proposed Rulemaking that evidences an intent to return to a local planning process. The public comment period ends September 10, 2001.
July 10, 2001 DOJ allows deadline for submission of briefs to the Ninth Circuit Court to pass without filing briefs opposing the Preliminary Incjunction.
September 10, 2001 Deadline for public comments to be received on the Department of Agriculture's Advanced Notice of Proposed Rulemaking.
October 15, 2001 The hearing on the Preliminary Injunction is scheduled in the Ninth Circuit Court.
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