Battle to Protect 50 Million Forest Acres May Finally Be Won After 16 Years
By Jessica A. Knoblauch
A decades-long fight over a landmark rule protecting wild forests nationwide took another successful–and possibly final–turn last week after a U.S. district court threw out a last-ditch attack by the state of Alaska against the Roadless Rule.
Adopted in the closing days of the Clinton administration, the Roadless Rule prohibits most logging and road construction in roadless areas of national forests. These lands, today equaling about 50 million acres or about the size of Nebraska, are some of the wildest places left in America.
Upon its passage, the rule was overwhelmingly popular with the American people, including those who like to hike, camp, fish and recreate among the trees in wild, unmarred areas. The Forest Service also liked the rule, since, at the time, the agency had a multibillion-dollar backlog on maintenance for more than 400,000 miles of existing roads, and it wasn't eager to add even more to its workload.
Yet, despite its popularity, state political leaders with ties to the logging and timber industries hated the new rule. Even before President Clinton left office, they began their attack. The Bush administration, which took office just eight days later, failed to come to the rule's defense.
"It created this vacuum," said Earthjustice attorney Tom Waldo, one of the legal architects of the organization's Roadless Rule strategy. "So Earthjustice stepped in."
Tom Waldo, one of the legal architects of Earthjustice's Roadless Rule strategy, walks through a field of fireweed near Juneau, Alaska.Michael Penn
What followed was a 16-year legal battle involving a number of Earthjustice attorneys from the Denver, Bozeman, Seattle and Juneau offices, dozens of courtrooms and judges, and thousands of hours of legal wrangling.
"When we first started this, it never crossed my mind we would still be litigating the rule 16 years later," said Waldo.
Over the next two decades, three main legal battles emerged over the Roadless Rule. One challenge came from the state of Idaho, which has the most roadless public forest lands of any of the lower 48. The second attack came from the state of Wyoming. Lastly, the state of Alaska challenged the rule.
In addition to these legal attacks, the Bush administration attacked the rule politically, first by exempting the Tongass National Forest from the rule in 2003, and then by repealing the rule nationwide in 2005. The Tongass exemption was a big deal because the Tongass isn't just any old forest. It's America's largest and wildest, home to nearly one-third of all old-growth temperate rainforest remaining in the entire world. Unfortunately, it's also the only national forest in the country where loggers still focus primarily on clear-cutting old-growth forests.
With each challenge, Earthjustice stepped in to vigorously defend the Roadless Rule. In some cases, Earthjustice attorneys and clients were the only ones providing the defense.
"The odds were long that we would win every one of these cases," said Waldo. Still, we had the law and the American people on our side. Earthjustice began to win, one case at a time.
"It was kind of a crescendo," said Waldo.
The Ninth Circuit Court of Appeals ruled against the state of Idaho in 2002, upholding the Roadless Rule. Then, in 2009, the Ninth Circuit struck down the Bush administration's attempt to repeal the Roadless Rule. In 2011, the Tenth Circuit appeals court ruled against the state of Wyoming, upholding the rule. And in July 2015, after years of Earthjustice litigation, the Ninth Circuit court declared the Tongass exemption illegal.
Last week, the final challenge to the Roadless Rule was shot down, after the U.S. District Court for the District of Columbia found that each of the state of Alaska's claims lacked merit. The state could appeal the decision, or President Trump could try to reverse it. However, because the rule is widely supported, provides immense economic and public benefit and has been upheld by multiple courts at many levels, anyone who tries to get rid of those protections will face an intense uphill legal and political battle.
"When you have this 17-year-long experience of consistently having the courts uphold the rule, it helps build a track record of success and popularity that will hopefully help carry us through any challenges and provide a solid foundation for the rule's continued success," said Waldo.
Mist hangs over the Tongass temperate rain forest in Alaska. The Bush administration tried to undermine the Roadless Rule by exempting the Tongass National Forest from the rule.LEEPRINCE / SHUTTERSTOCK
A "trash tsunami" has washed ashore on the beaches of Honduras, endangering both wildlife and the local economy.
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More long-finned pilot whales were found stranded today on beaches in Tasmania, Australia. About 500 whales have become stranded, including at least 380 that have died, the AP reported. It is the largest mass stranding in Australia's recorded history.
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By Harry Kretchmer
By 2030, almost a third of all the energy consumed in the European Union must come from renewable sources, according to binding targets agreed in 2018. Sweden is helping lead the way.
Sweden is a world leader in renewable energy consumption. Swedish Institute/World Bank
Naturally Warm<p>54% of Sweden's power comes from renewables, and is helped by its geography. With plenty of moving water and 63% forest cover, it's no surprise the <a href="https://sweden.se/nature/energy-use-in-sweden/#" target="_blank">two largest renewable power sources</a> are hydropower and biomass. And that biomass is helping support a local energy boom.</p><p>Heating is a key use of energy in a cold country like Sweden. In recent decades, as fuel oil taxes have increased, the country's power companies have turned to renewables, like biomass, to fuel local 'district heating' plants.</p><p>In Sweden these trace their <a href="https://www.sciencedirect.com/science/article/pii/S0360544217304140#fig3" target="_blank">origins back to 1948</a>, when a power station's excess heat was first used to heat nearby buildings: steam is <a href="https://www.sciencedirect.com/topics/engineering/district-heating-system" target="_blank">forced along a network of pipes</a> to wherever it's needed. Today, there are around 500 district heating systems across the country, from major cities to small villages, providing heat to homes and businesses.</p><p>District heating used to be fueled mainly from the <a href="https://www.sciencedirect.com/science/article/pii/S0360544217304140" target="_blank">by-products of power plants</a>, waste-to-energy plants and industrial processes. These days, however, Sweden is bringing more renewable sources into the mix. And as a result of competition, this localized form of power is now the country's<a href="https://www.sciencedirect.com/science/article/pii/S0360544217304140#fig3" target="_blank" rel="noopener noreferrer"> home-heating market leader.</a></p>
Sweden is using smart grids to turn buildings into energy producers. Huang et al/Elsevier
Energy ‘Prosumers’<p>But Sweden doesn't stop at village-level heating solutions. Its new breed of energy-generation takes hyper-local to the next level.</p><p>One example is in the city of Ludivika where 1970s flats <a href="https://www.buildup.eu/sites/default/files/content/transforming-a-residential-building-cluster-into-electricity-prosumers-in-sweden.pdf" target="_blank">have recently been retrofitted with the latest smart energy technology</a>.</p><p>48 family apartments spread across 3 buildings have been given photovoltaic solar panels, thermal energy storage and heat pump systems. A micro energy grid connects it all, and helps charge electric cars overnight.</p><p>The result is a cluster of 'prosumer' buildings, producing rather than consuming enough power for 77% of residents' needs. With <a href="http://www.diva-portal.org/smash/get/diva2:1232060/FULLTEXT01.pdf" target="_blank" rel="noopener noreferrer">high levels of smart meter usage</a>, it's a model that looks set to spread across Sweden.</p>
<div id="d7bf9" class="rm-shortcode" data-rm-shortcode-id="8757b138d5570bec9d6aad18074a429a"><blockquote class="twitter-tweet twitter-custom-tweet" data-twitter-tweet-id="1273556364263071744" data-partner="rebelmouse"><div style="margin:1em 0">Read more about Western Harbour and book a visit: https://t.co/ujSmVs9rNK 🏡🌳🌊 https://t.co/C5PuPziqIM</div> — Smart City Sweden (@Smart City Sweden)<a href="https://twitter.com/SmartCitySweden/statuses/1273556364263071744">1592474473.0</a></blockquote></div>
Scaling Up<p>A recent development by E.ON in Hyllie, a district on the outskirts of Malmö, southern Sweden, <a href="https://www.eonenergy.com/blog/2019/February/sweden-smart-city" target="_blank">has scaled up the smart grid principle</a>. Energy generation comes from local wind, solar, biomass and waste sources.</p><p>Smart grids then balance the power, react to the weather, deploying extra power when it's colder or putting excess into battery storage when it's warm. The system is not only more efficient, but bills have fallen.</p><p>Smart energy developments like those in Hyllie, Ludivika, and renewable-driven district heating, offer a radical alternative to the centralized energy systems many countries rely on today.</p><p>The EU's leaders have a challenge: how to generate 32% of energy from renewables by 2030. Sweden offers a vision of how technology and local solutions can turn a goal into a reality.</p>
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By Jessica Corbett
In another win for climate campaigners, leaders of 12 major cities around the world — collectively home to about 36 million people — committed Tuesday to divesting from fossil fuel companies and investing in a green, just recovery from the ongoing coronavirus pandemic.
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