Judge restores national-forest protections, halting Bush logging plan

SAN FRANCISCO — A federal judge has restored broad protection to about one-third of national forest land in the lower 48 states, rejecting efforts by the Bush administration to relax a ban on logging in the most pristine forests.

The decision by U.S. District Court Judge Elizabeth Laporte gives new life to one of the past decade's most hotly contested environmental decrees, a Clinton administration policy that sought to protect the parts of the forests that don't have roads in them.

Laporte ruled that the Bush administration failed to conduct necessary environmental studies before making changes that allowed states to decide how to manage individual national forests.

Although it does not put an end to the controversy, environmentalists and state officials believe that the ruling will make it difficult for the Bush administration to cut many trees or build new roads across the nearly 50 million acres of forest at issue.

In Washington, the debate affects more than 2 million acres of backcountry managed by the U.S. Forest Service.

Laporte sided with 20 environmental groups and four states — Washington, Oregon, California and New Mexico — that sued the Forest Service over the changes.

"Today is a great day for Washington," Gov. Christine Gregoire said Wednesday, noting that Washingtonians overwhelming have supported the roadless rule in public comment.

Officials at the U.S. Department of Agriculture, which oversees the Forest Service, said they disagree with the decision but have not decided whether to appeal.

Dave Tenny, the USDA's deputy undersecretary for natural resources and environment, said the Bush administration had intended to conduct environmental reviews of its new policy — but only after receiving input from the states on how much protection to provide in their roadless areas.

But critics of the Bush policy said that without a ban, there is nothing to stop new roads for logging or mineral exploration in the future.

After years of debate and study, the ban on road construction was adopted by President Clinton shortly before he left office in 2001.

A new Bush administration policy in 2005 rescinded the ban and replaced it with a rule that asks each governor to petition the federal government for lands deserving roadless protection.

Although Laporte ruled the Bush policy was adopted without the environmental analysis and the study of impacts on endangered and threatened species required by federal laws, she affirmed the Forest Service's "authority to change policies from a uniform national approach strongly protecting roadless areas from human encroachment to a more localized approach permitting more roads and logging, providing that it follows the proper procedures."

Even after repealing the rule, the Bush administration did not try to launch widespread logging in the roadless areas, which are some of the most difficult and expensive to access.

Instead, in Washington, Oregon and other Western states, the Forest Service has largely focused on logging in areas that already have roads, and at levels greatly reduced from the boom years of the late 20th century. In the Okanogan and Wenatchee National Forest, for example, agency officials have sought to thin out fire-prone forests in roaded areas near towns, said Paul Hart, an agency spokesman.

In southern Oregon, the Bush administration has pushed ahead with two salvage sales totaling more than 500 acres in a burn zone from a 2002 fire.

Material from Seattle Times staff reporter Hal Bernton and

The Associated Press is included

in this report.