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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
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Tropical forests globally are being lost at a rate of 61,000 square miles a year. And despite conservation efforts, the global rate of loss is accelerating. In 2016 it reached a 15-year high, with 114,000 square miles cleared.
At the same time, many countries are pledging to restore large swaths of forests. The Bonn Challenge, a global initiative launched in 2011, calls for national commitments to restore 580,000 square miles of the world's deforested and degraded land by 2020. In 2014 the New York Declaration on Forests increased this goal to 1.35 million square miles, an area about twice the size of Alaska, by 2030.
By Cheryl Leahy
Do you think almond milk comes from a cow named Almond? Or that almonds lactate? The dairy industry thinks you do, and that's what it's telling the Food and Drug Administration (FDA).
For years, the dairy industry has been flexing its lobbying muscle, pressuring states and the federal government to restrict plant-based companies from using terms like "milk" on their labels, citing consumer confusion.
By Jeremy Deaton
A driver planning to make the trek from Denver to Salt Lake City can look forward to an eight-hour trip across some of the most beautiful parts of the country, long stretches with nary a town in sight. The fastest route would take her along I-80 through southern Wyoming. For 300 miles between Laramie and Evanston, she would see, according to a rough estimate, no fewer than 40 gas stations where she could fuel up her car. But if she were driving an electric vehicle, she would see just four charging stations where she could recharge her battery.
Fire Continues at Texas Petrochemical Plant as Company's History of Violations Gets Renewed Scrutiny
By Andrea Germanos
A petrochemical plant near Houston continued to burn for a second day on Monday, raising questions about the quality and safety of the air.
The Deer Park facility is owned by Intercontinental Terminals Company (ITC), which said the fire broke out at roughly 10:30 a.m. Sunday. Seven tanks are involved, the company said, and they contain naptha, xylene, "gas blend stocks" and "base oil."
"It's going to have to burn out at the tank," Ray Russell, communications officer for Channel Industries Mutual Aid, which is aiding the response effort, said at a news conference. It could take "probably two days" for that to happen, he added.
The hillsides dyed orange with poppies may look like something out of a dream, but for the Southern California town of Lake Elsinore, that dream quickly turned into a nightmare.
The town of 66,000 people was inundated with around 50,000 tourists coming to snap pictures of the golden poppies growing in Walker Canyon as part of a superbloom of wildfires caused by an unusually wet winter, BBC News reported. The visitors trampled flowers and caused hours of traffic, The Guardian reported.
A controversial pesticide test that would have resulted in the deaths of 36 beagles has been stopped, the Humane Society of the United States (HSUS) and the company behind the test announced Monday. The announcement comes less than a week after HSUS made the test public when it released the results of an investigation into animal testing at Charles River Laboratories in Michigan.
"We have immediately ended the study that was the subject of attention last week and will make every effort to rehome the animals that were part of the study," Corteva Agriscience, the agriculture division of DowDupont, said in a statement announcing its decision.