ALASKA v. U.S. DEPT. OF AGRICULTURE

No. 17-5260 Consolidated with 17-5262, 17-5263.

17 F.4th 1224 (2021)

State of ALASKA, Appellant Alaska Electric Light & Power, et al., Appellees v. UNITED STATES DEPARTMENT OF AGRICULTURE, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided November 16, 2021.


Attorney(s) appearing for the Case

Mary Hunter Gramling , Assistant Attorney General, Office of the Attorney General for the State of Alaska, argued the cause for appellants. On the joint briefs were Thomas E. Lenhart , Senior Assistant Attorney General, Stephen J. Kennedy , Steven W. Silver , James F. Clark, III , Julie A. Weis , and Mark C. Rutzick.

Julie A. Weis was on the joint brief for intervenor-appellants Alaska Forest Association and Southeast Conference. With her on the joint brief was Mark C. Rutzick.

John L. Smeltzer , Attorney, U.S. Department of Justice, argued the cause for federal appellees. With him on the brief were Jeffrey H. Wood , Acting Assistant Attorney General at the time the brief was filed, Eric Grant , Deputy Assistant Attorney General at the time the brief was filed, and Leslie Lagomarcino , General Attorney, U.S. Department of Agriculture.

Ian Fein argued the cause for intervenor-appellees Southeast Alaska Conservation Council, et al. On the brief were Thomas S. Waldo , Eric P. Jorgensen , and Nathaniel S.W. Lawrence.   Katharine S. Glover entered an appearance.

Before: SRINIVASAN, Chief Judge, PILLARD, Circuit Judge, and RANDOLPH, Senior Circuit Judge.


At the heart of this protracted dispute is the "Roadless Rule," a national regulation of the Department of Agriculture's Forest Service issued in early 2001.

After years of study, the Forest Service issued this Rule prohibiting (with some exceptions) all "road construction, road reconstruction, and timber...

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