Organized Village of Kake, et al. v. United States Department of Agriculture, et al.
Published: Jul. 9, 2011 | Result Date: May 24, 2011 | Filing Date: Jan. 1, 1900 |Case number: 1:09-cv-00023-JWS Summary Judgment – Plaintiffs
Court
USDC Alaska
Attorneys
Plaintiff
Defendant
Facts
The Roadless Area Conservation Rule blocks logging roads and clearcuts in undeveloped areas of the national forests, but USDA exempted Alaska's Tongass National Forest from the rule. Organized Village of Kake, tourism businesses, and conservation groups filed suit against USDA seeking to set aside the exemption and reinstate the rule in the Tongass.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiffs claimed that the reasons given by USDA for exempting the Tongass were arbitrary and not supported by the facts in the record. Further, plaintiffs argued that the rule would allow economic development to proceed and would be beneficial for traditional uses, tourism, fishing, and recreation.
Result
The court's final judgment vacates the Tongass exemption and reinstates the rule.
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