-Caveat Lector-

http://www.foxnews.com/politics/031701/bush_environment.sml

Bush Accused of Undermining Clinton's Environmental Rules

Saturday, March 17, 2001
By John Heilprin
E-mail This Story

WASHINGTON - Environmentalists are accusing the Bush
administration of using the federal courts to undermine former
President Clinton's forest protection plan.

The government on Friday sought to accommodate a legal challenge
to the forest plan by offering to suspend the new rules, pending
a hearing in the case being brought in federal court by timber
interests and the state of Idaho.

The plan, unveiled in the final days of Clinton's presidency,
would ban road-building and logging in a third of the nation's
federal forestland. Friday's action added to concerns among
environmentalists that President Bush was signaling his intention
to reverse the regulations.

"This appears to be a calculated first step by the administration
to avoid offering any defense of the roadless policy," said Tim
Preso, a staff attorney for the Earthjustice Legal Defense Fund.

"By asking for another delay rather than vigorously defending the
rule, the Bush administration is giving us every reason to
believe they're planning to bring bulldozers back into our
national forests," he said.

Two lawsuits have been filed, challenging the controversial
timber restrictions.

In a filing with a federal court, government lawyers made a
proposal seeking to postpone a scheduled March 30 hearing on
Idaho's request for a preliminary injunction to keep the ban from
going into effect. And they said if the request is granted they
would not implement the rule in advance.

In addition to Idaho's lawsuit, a second suit against the ban has
been filed by Boise Cascade Corp., Boise and Valley counties,
Emmett, Idaho, rancher Brad Little, off-road vehicle groups and
the Kootenai Tribe.

The ban "only increases the odds commercial sales will continue
to decline" said the Boise Cascade, which announced closures of
plywood and lumber operations in two communities last month due
to declining federal timber sales.

But a coalition of environmental groups also has filed to
intervene on behalf of the Forest Service, arguing that the
roadless areas protect critical habitat for animals and fish in
the state and must be preserved.

The administration's move on the forest issue is the latest in a
series of actions that have riled environmentalists.

Bush this week abandoned his campaign pledge to curtail power
plants' carbon dioxide emissions and suggested exploring public
lands and national monuments for energy resources. He also has
made drilling in an Arctic wildlife refuge a centerpiece of his
upcoming national energy plan.

The Clinton ban would affect 58 million forest acres where no
roads currently exist.

Published on Jan. 12, eight days before Clinton left office, it
was two years in the making, after the government solicited 1.6
million public comments and held 600 public hearings.

The ban originally was scheduled to go into effect on March 13,
but last month Bush postponed it until May 12 so that he could
review it.

Shortly after Clinton announced the ban, the state of Idaho
sought a preliminary injunction, saying the government had not
conducted adequate research nor allowed for sufficient comment in
deciding the forestlands should be protected.

U.S. District Judge Edward Lodge in Boise, Idaho, set a hearing
for March 30.

On Friday, lawyers for the Agriculture Department, which oversees
the Forest Service, asked the court to delay the hearing until
early May.

They also proposed invoking a little-used administrative rule to
suspend the ban, saying the department "has committed to
postponing the effective date of the rule until this court has
decided the motion for a preliminary injunction."

Bush cannot block or alter the forest restrictions without going
through a new rule-making process since they were published
before he took office.

"Until the administration is finished with its review of the
roadless policy, it will not comment on the merits," Justice
Department spokeswoman Christine Romano said.

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