ELR Citation: ELR 20144
No(s). 03-8058 (10th Cir. Jul 12, 2005)

The court dismissed as moot environmental organizations' appeal of a district court decision holding that the roadless rule, which prohibits construction in inventoried roadless areas on National Forest System lands, violated the National Environmental Policy Act and the Wilderness Act. During the pendency of the appeal, the U.S. Forest Service adopted a final rule that replaces the roadless rule, thereby rendering the appeal moot. The challenged portions of the rule no longer exist, and the alleged procedural deficiencies of the roadless rule are now irrelevant because the replacement rule was promulgated in a new and separate rulemaking process.

[A prior decision in this litigation is published at 33 ELR 20250.]