阿拉斯加「通加斯國家森林無道路保育法」遭擱置，不過在當地團體努力爭取下，聯邦法官在3月4日判定該法令重新生效。通加斯為美國最大的國家森林，位於阿拉斯加東南部，佔地1680萬英畝。
此案緣於阿拉斯加原住民、觀光業者和環保組織2009年12月聯合控告聯邦政府，他們質疑政布希主政後期，將通加斯國家森林排除適用2001年的《無道路保育法》（Roadless Area Conservation Rule）外。
這案件是阿拉斯加卡克村團體組織(Organized Village of Kake)對上美國農業部門，判決結果認定，在2003年「臨時」免除通加斯森林實行無道路法之判決無效。本案的法官約翰‧賽德維克裁定通加斯森林重新實行《無道路保育法》。賽德維克提到：「原告主要的爭議論點在於，這項無道路保育法並不會妨礙公用道路用於聯接阿拉斯加東南部社區的建設，也不會造成工作機會流失，而且免除通加斯森林實行無道路法案的判決，並無法克服其本身法律的不確因素。」
阿拉斯加州政府和阿拉斯加森林協會於本案件中支持美國農業部林務局，它們表示該局已合理地考量過無道路法對於通加斯森林現有的保護、無道路法對於連接阿拉斯加東南部社區的公用道路設施建設所產生的影響，以及目前正在進行有關無道路法案的訴訟所產生的影響。
但法官賽德維克支持由當地原住民、觀光業者和環保團體所組成的一方，他提到：「由林務局所提供的排除理由是不合乎情理的，相較於紀錄上顯示的證據，法院斷定排除通加斯森林實行無道路法案的決定，是專斷且不負責任的。」
在2001年5月，愛德荷地區法院頒布一項初步禁令，讓林務局在國內不得實行無道路法案。在上訴後，第九巡迴法院廢除了這項初步禁令，判定無道路保育法並沒有違反國家環境政策法。於是自2003年4月起第九巡迴法院的判決頒布後，《無道路保育法》便在美國國內實行。
然而在2008年，懷俄明地方法院再次判定無道路保育法違反了國家環境政策法和野生動物法，並且懷俄明地方法院更判定國內永久禁止無道路法案的實施。這項判決結果目前已上訴至第十巡迴法院。
身為原告的團體組織表示，法官賽德維克的判決對阿拉斯加東南部的觀光業者和釣魚業者是個好消息。當地的觀光業者麥金托(Hunter McIntoch)表示：「在阿拉斯加東南部就有超過3200個有關觀光休閒的工作，更有3800百個有關海產食品工業的工作，這些工作主要都是因為鮭魚會游到通加斯老林區附近產卵。」
針對「無道路法案會妨害當地社區和就業機會」的說法，法官認定找不到任何證據或理由，而且該法令也允許新的公路和電纜線連接當地社區。阿拉斯加野外休閒觀光協會的肯特約翰(Kent John)表示，「這些流域對東南部地區小企業的生存而言十分重要，很少人願意坐視樹木被砍伐殆盡以及伐木道路衰壞而不管。這判決對當地經濟影響很大。
A federal judge in Anchorage Friday reinstated roadless rule protections for Alaska's Tongass National Forest that had been blocked since 2003. The country's largest national forest, the Tongass in southeast Alaska covers 16.8 million acres.
A coalition of Alaska Native, tourism industry, and environmental organizations had sued the federal government in December 2009, challenging the Bush-era exemption of the Tongass National Forest from the 2001 Roadless Area Conservation Rule.
The decision in the case Organized Village of Kake v. U.S. Department of Agriculture strikes down the 2003 decision to "temporarily" exempt the Tongass from the national Roadless Rule.
Finalized during the last month of the Clinton administration, the Roadless Rule protects 58.5 million acres of inventoried backcountry throughout the national forest system.
Judge John Sedwick ruled that the Tongass Exemption was illegally adopted and his decision reinstates the Roadless Rule in the Tongass.
"This protects remote backcountry areas all over the Tongass that are critical for tourism, fishing, hunting, customary uses, and for everyone who benefits from intact old growth forests in Southeast Alaska," said Tom Waldo of Earthjustice, who is co-counsel in the lawsuit along with Natural Resources Defense Council.
"Plaintiffs' primary arguments are that the Roadless Rule does not prevent construction of utility lines or roads to connect southeast Alaska communities, no job loss was attributable to the Roadless Rule, and the Tongass Exemption does not reduce legal uncertainty," wrote Judge Sedwick.
The State of Alaska and Alaska Forest Association intervened in the case on the side of the USDA's Forest Service, arguing that the Service reasonably considered existing protections of roadless values on the Tongass, impacts of the Roadless Rule on road and utility connections in southeast Alaska, economic impacts of the Roadless Rule, and the impacts of ongoing litigation against the Roadless Rule.
But Judge Sedwick sided with the native, tourism and environmental groups, writing, "Because the reasons proffered by the Forest Service in support of the Tongass Exemption were implausible, contrary to the evidence in the record, and contrary to Ninth Circuit precedent, the court concludes that promulgation of the Tongass Exemption was arbitrary and capricious."
"We brought this lawsuit to protect customary and traditional uses from damaging logging proposed by the Bush administration," said Mike Jackson, Organized Village of Kake. "For Tribal members, these lands are essential sources of food, medicine, clothing, and traditional items for artistic and spiritual use. Our deer hunting and other customary uses of the forest have suffered too much already from past logging."
Since its promulgation, the Roadless Rule has been the subject of numerous lawsuits in federal district courts in Idaho, Utah, North Dakota, Wyoming, Alaska, and the District of Columbia, and litigation is still before the courts.
In May 2001, the U.S. District Court in Idaho issued a preliminary injunction keeping the Forest Service from implementing the Roadless Rule nationwide. On appeal, the Ninth Circuit reversed the preliminary injunction, concluding that the Roadless Rule did not violate the National Environmental Policy Act. The Ninth Circuit's ruling was issued in April 2003, and the Roadless Rule went into effect nationwide.
After further complex litigation outlined in Judge Sedwick's ruling, in August 2008, the Wyoming district court again held that the Roadless Rule violated the National Environmental Policy Act and the Wilderness Act and permanently enjoined implementation of the Roadless Rule nationwide. The district court's decision is on appeal before the Tenth Circuit Court of Appeals.
The plaintiff groups say Judge Sedwick's ruling is good news for thousands of people in southeast Alaska with jobs in tourism and fishing.
"There are more than 3,200 jobs in southeast Alaska in recreation and tourism," said Hunter McIntosh of The Boat Company, which operates a small tour business in the region. "And there are another 3,800 jobs in the seafood industry, which depends critically on salmon spawning streams in the old growth forests of the Tongass."
The court's decision will not cause job losses in the timber industry or other economic sectors, the groups say, because the Forest Service is not currently planning to proceed with any roadless area timber sales, but is in the midst of a transition away from old growth logging in the Tongass. "Nevertheless," the groups said in a joint statement, "the decision is extremely important to secure this transition and protect against any future backsliding."
The jduge specifically found no support for claims that the Roadless Rule hurt local communities and jobs. The rule allows for new highways and for power lines to connect communities in the region.
"The natural values of these watersheds are essential for the survival of small businesses around Southeast," explained Kent John of the Alaska Wilderness Recreation and Tourism Association. "Very few folks will pay to go see clearcuts and decaying logging roads. This is a great decision for the local economy."
作者
In my healing journey and learning to attain the breath awareness, I become aware of the reality that all the creatures of the world are breathing the same breath. Take action, here and now. From my physical being to the every corner of this out of balance's planet.
