The roadless rule, along with the Tongass’ recent reinstatement by U.S. District Judge John W. Sedwick, is creating quite a stir and is something the Alaska Department of Law and business factions aren’t ignoring. Attorney General John Burns said the rule can be detrimental to the state’s economy and the public must get involved.
Burns has taken a great interest in the matter, saying one of the Department’s core functions is to foster conditions for responsible development of Alaska’s natural resources, as well as protecting its fiscal integrity.
“Today, however, as you’ve heard many, many times, more so than at any time since statehood, Alaskans’ ability to manage and to responsibly develop its state’s resources is under an unprecedented and coordinated assault by federal regulatory agencies and environmental organizations,” he said.
Burns says invalidating the Tongass exemption from the roadless rule, which promotes conservation by limiting construction in designated areas, not only challenges the validity of Congressional stipulations, but immediately imperils the state’s economic future.
He said the rule disrupts the balance between protection and development, saying this will make 9.3 million acres of the Tongass off limits and also eliminates 98.9 percent of the Chugach National Forest from any type of development.
He said this effectively makes 92 percent of the Tongass “de facto wilderness” unavailable for development while Congress had stipulated enough Alaska land had been set aside through the Alaska National Interests Lands Conservation Act and any additional lands must come before Congress, not through federal regulations.
“The application of the roadless rule in Alaska will have a devastating effect on Alaska unless it is challenged and rolled back,” said Burns.
He said the roadless rule in Tongass restricts everything from hydropower projects to mining to geothermal projects to highway construction. He said restricting development also damages transmission line maintenance, increasing costs.
He said the ability to provide energy at affordable rates is needed to diversify Alaska’s industry and that federal agencies don’t look at the practical implications of these decisions.
Timber is one of the most prominent industries affected. Burns said the rule makes it impossible for the Forest Service to produce enough timber to meet demand, thus violating the Tongass Timber Reform Act.
“Where is our timber industry? We’ve just written it off,” he said.
The attorney general outlined two options to combat the decision that he said are not exclusive, so can both be applied. The first is to appeal Sedwick’s decision to the Ninth Circuit Court of Appeals. The other option is to pursue a declaratory injunction “saying that there was no basis for it to begin with.”
He said it’s important to note the rule is a regulation, not a statutory rule obligated by Congress, saying, “That’s a very important, critical distinction.”
Burns said there are a myriad of challenges and opportunities that can affect the roadless rule and the court’s decision. One is outreach and cooperation with other state governments, attorney generals, businesses, tribes and stakeholders.
“Alaska can’t go it alone,” said Burns.
He said the other thing to do is develop an interdepartmental strategy for the legislative and executive state branches and state executive agencies.
The other challenge is to educate the public and redouble efforts with the Obama administration to engage in dialogue and decision-making. He said litigation would be a last resort.
“If we can engage up front, hopefully litigation won’t be necessary, but I will assure you that the State of Alaska will always stand up for its rights,” he said. “If we are to assure that we have a prosperous future, we’ve got to.”
Burns also stressed that organizations collectively must be informed and should themselves be vocal.
The Juneau Chamber of Commerce, along with a number of organizations, throughout Southeast Alaska, will be intervening in support of the state’s actions.
Burns said most chambers are “acutely aware” of the economic vitality of their communities, including how they’re tied to resource exploration, development and extraction.
Burns says that the state has faced several challenges from federal regulation overreaches, such as the Endangered Species Act and Clean Water Act, and such federal expansions should be challenged when they affect economic integrity.
“There’s a clear need to diversify in our energy sources, to push from fuel to some other cleaner source, but in order to do that you can’t switch overnight. It’s not possible,” he said. “And so you grow things. You incrementally move forward.”
• Contact reporter Jonathan Grass at 523-2276 or at jonathan.grass@juneauempire.com.
Comments (21)
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Alaskans need an independent attorney general.
Thankfully the story on KTOO this morning had strong counter-points that pointed out Burns was overlooking key portions of Sedwick's decision highlighting many of the mere examples of projects that are still permitted and being performed.
Agree With SEACC
As noted, KTOO did a credible job interviewing the SEACC director this morning on AG Burns' allegations; and that's all they are, with no factual basis. The Parnell administration has filed lawsuits and opposed most federal actions in Alaska this past year, without any success.
The recent legislative thumbs-down on the Coastal Zone Mgt. program could have been saved easily by Parnell & the AG, but they chose to let it die by one House vote at the behest of the off-shore oil guys. Similarly, the new AG is pushing water uphill for a dead federal timber program that expired 20 years ago, as it was thoroughly subsidized and its pulp was underpriced worldwide.
The highest and best use of the Tongass National Forest is as a salmon and wildlife reserve, the best remaining in the USA. Returning to the "good, old days" of timber subsidy, overharvest and deficit sales is a political fantasy.
Action needed against Attourny General...
I can just see the Attorney General going to the Moose lodge and getting some folks riled up. Where did our Timber Industry go? It went to Sarawak, that's where. We cannot cut bulk timber and ship it to Asia cheaper than they can in Sarawak, Borneo, and Celebes. The truth is, the Timber industry in North America became a financial improbability 20 years ago when the shifting world economy went global.
I would like to have a State government that can work with the Federal government and work within the system to diversify our economy. 20 years ago, a major change in the world's economy shifted and North America entered the information age. At that point in history, the infrastructure for global markets reached a critical point, with shipping and internet structure supporting new global economies. We are not going to go back and live the way we did in the 80's - we cannot. So get over it. And quit trying to get applause by riling up the geezers at the Moose lodge - that is nothing but a cheap thrill.
Great
SEACC and the above bloggers want to kill southeast jobs and stop hydro. Don't you lose sleep at night stopping hydro from replacing diesel?
Great job AG.
Sorry but I think we should
A hydro plant in the Tongass? Really now? Just who will pay the 100 million to build it, then run it and who will all the customers be?
We need to let the timber industry die, just like any other industry or business that dies.
I have a business with employees and we all struggle that’s part of the deal sometimes your business works for a while and sometimes it don’t but the Government should not be in there with handouts. Not once has the state come running over to help me or my business out.
As an Alaskan and a US Citizen, I want the Tongass National Public Forest left standing as it is and without roads, it is far more important to this country, for our fisheries, for our wildlife, and for all our childrens futures that this rain forest to be left alone.
The other issue here is Climate Change and the important role that this forest plays in off-setting climate change.
The public has a right to allow this forest to stand so that it can do its job in helping protect this country from our changing climate. Cutting these trees down is a Public Health Hazard for this whole country.
Sean Parnell once again is putting profit before people, it is time for him to go.
Hasn't the war been won?
473 million board feet of timber was harvested from the Tongass in 1990, while about 35 million board feet was harvested from the Tongass in 2010. Is zero harvest a valid threshold before declaring victory? What are the trade-offs with that strategy? How will the million plus acres that have been previously harvest be managed if the timber industry goes away? How many communities depend on both the timber jobs and the Forest Service management jobs? We will not return to 400 million board feet of harvest again; the pulp mill era is over. But moving to zero could be just as harmful.
Our communities and economy need to diversify, but there is room for numerous industries, including timber, to operate on the 17 million acres of the Tongass. I don't like to think of America as a "service provider." Hard working, blue collar jobs are part of America's identity, and that identity is being lost with the loss of industries like timber.
Roadless Rule
The federal judge made a decision about a federal regulation applicable to federal agencies regarding federal lands and federal timber. That these lands and resources happen to be in Alaska gives every Alaskan, including the Attorney General, a reason to weigh in on policy, but at the end of the day, these resources belong to every American and they should be managed accordingly.
Cannot trust the Feds with the lands in our state
It seems that everywhere you turn there is an increased inability to use and have acccess to lands the feds are involved in managing. The Tongass is "our" land but in managing it the feds make it available for no one, no government entity, no tribal entity and no private venture without a huge battle and process filled with disentives for use and development. The feds cannot even keep their commitments for timber obligations. If the Forest Service were a business they would be in breach of contract, sued and shut down. Large swaths of the Tongass should be given back to Alaskans in the form of a state forest or some other land grant back to the state. The Feds have proven over and over that they are inept and they have our state's vote of no confidence.
Cannot trust the Feds with the lands in our state
It seems that everywhere you turn there is an increased inability to use and have acccess to lands the feds are involved in managing. The Tongass is "our" land but in managing it the feds make it available for no one, no government entity, no tribal entity and no private venture without a huge battle and process filled with disentives for use and development. The feds cannot even keep their commitments for timber obligations. If the Forest Service were a business they would be in breach of contract, sued and shut down. Large swaths of the Tongass should be given back to Alaskans in the form of a state forest or some other land grant back to the state. The Feds have proven over and over that they are inept and they have our state's vote of no confidence.
@CaptNoah: I'm sorry, but how
@CaptNoah: I'm sorry, but how have the feds proven themselves inept, exactly? I mean, you say the land is unavailable for use, but that's patently false--I can go out and camp almost anywhere I please. Or hunt. Or fish. Or just go on a relaxing, scenic hike. I can pick berries, harvest spruce tips, gather devil's club shoots (before they get too rigid and spiny, anyway), and oh so much more. In fact, personally, none of us are very limited at all in what we can do on most of the land in Alaska.
Of course, as soon as it's opened for logging, that all changes, and the land suddenly becomes available for exactly one use.
National Forests are managed for multiple uses
Persnickety, you have valid rights and uses of the national forest, but so do other users (including consumptive users). Any use, if completed in a sustainable manner, has equal importance on the Tongass (Per the Multiple Use Sustained Yield Act). Timber harvest has a specific place on the Tongass per the Tongass Timber Reform Act.
The Tongass provides for numerous uses. Some are complementary and some, by their very nature, are in conflict. How those conflicts are managed and balanced is important. I just think arguing your uses are more valid than others is a non-starter when both can be accomplished sustainably.
Exactly right, capt. noah. I
Exactly right, capt. noah. I get accused of being partisan by the likes of p and bill but this is the 'hope and change' that only a little over half of America voted for in 2008. This administration is marching forward bent on destroying our way of life in their delusional dreams of socialism.
I told you Salazar was poison. It doesn't do any good to wring our hands wondering why Obama and his minions don't get it, like we do. They know exactly what they're doing and it's proceeding right on schedule.
Thank goodness for AG's like Burns and those in other states that are willing to fight for what used to be America.
We all need to call and email our congress people and let them know we're paying attention and also get involved in some way or another leading up to this next election. It may be our last chance if BO gets 4 more years.
Calypso, you get accused of
Calypso, you get accused of being partisan (and other, worse things, like dishonest) because you bring up Obama, socialism, and the end of the world/U.S. in every article.
The Tongass National Forest
The Tongass National Forest is public land.
And we all have a duty to ensure our public lands remain in public hands to help keep wildlife for future generations!
If this land was in Private hands it would have been clear-cut or one big mining pit a long time ago!
Hands off Parnell!
I wouldn't worry too much, PP....
I don't think even Calypso knows what "it" is he/she accuses the current administraion of not getting, not to mention what "our way of life" or "used to be America" even means!?
There's never any substance in his/her posts - no 'this is why I like/don't like this" or - "this study shows that..." - just half-statements and bumper stickers. Nothing more.
Re-read the last post. What does any of that have to do with the article/argument? There isn't even a complete idea in there.
Swim
Face it Swim, folks like Calypso are not operating based on fact, logic or reason. Every situation is but an opportunity to spew based on emotion for folks like Captain Noah and Calypso. We're living in a world where everyone has a big opinion and sticks to it regardless of fact or reason. Passionate convictions have pretty much replaced reasoned decision making anymore. Fear, loathing, hate and bias are where it is at these days and not just with folks like Calypso either. The largely unexamined opinions vented by folks on the so-called "liberal" side of some of these discussions is sometimes removed from reality too. You are right about old Calypso not having a complete thought related to the actual story that was the lead in to the commentary. Probably best not to get into it with a person like this as it never goes anywhere except downward.
So p and swim, that's all
So p and swim, that's all you've got left is personal attacks? That's cool but so typically left. Learn to debate because it makes a discussion way more interesting and you might even learn something. Calling someone you don't agree with a liar is just juvenile.
swimgirl, I'll try to tie everything together so you'll understand.
1. Article is about roadless rule in the Tongass which was inacted under Clinton in 2001.
2. Bush exempted the Tongass until March 2011, when he was president.
3. Obama and his minions and various groups sued to reinstate the roadless rule.
4. BO won.
5. Alaska's AG is contesting the court decision.
Here's some more background.
http://www.ombwatch.org/node/10314
http://earthjustice.org/blog/2011-april/republicans-mount-a-new-assault-...
So in conclusion, my previous post made perfect sense. Try to put 2 and 2 together to get 4.
geldhof, projection?
"Responsible development?"
That would be a great idea, but the state's attorney-in-chief's idea of "responsible development" requires the taxpayers to guarantee corporate profits at all costs, which rarely provide long term jobs and local econonmic opportunities.
While we hear terms like "locked up" in the context of regulatory protection, there's nothing like a taxpayer-subsidized clearcut to lock-up future opportunities for ways to make a living without destroying the very things which provide economic opportunities for others.
The state of Alaska remains the handmaiden for corporate profiteering at all costs, under the same tired lies of trickle-down economics.
In 2003 the Bush
WE NEED THE ROADLESS RULE, it protects many "sustainable" Alaska jobs and the Alaskan way of life!
Our fisheries our tourism and our life style all depends on the Roadless Rule, the Tongass needs this protection.
In 2003 the Bush Administration exempted wild stretches of the Tongass from the landmark Roadless Rule, which bars timber sales and logging roads in undisturbed areas of national forests.
Thankfully U.S. District Judge John W. Sedwick rejected a series of claims concocted by the Bush Administration that the Roadless Rule cost jobs in this region and interfered with plans to connect remote communities and caused instability for local businesses. He struck down the Bush-era exemption and declared the Roadless Rule immediately reinstated for the Tongass.
What the Bush Administration wanted and what Sean Parnell wants to do is open up this - crown jewel of our national forest system - to logging. Despite its unparalleled natural values, our Tongass National forest has long been targeted by timber companies determined to gain access to the highly prized old-growth stands there.
We cant allow this to happen folks. Its up to you and me to push back on this over-reach by our Governor and by the industries that only care about profits, these industries are killing all the natural systems on which ALL LIFE DEPENDS on.
We need this forest and every one of us that lives in Southeast Alaska knows that the Roadless Rule is NOT costing this region jobs or interfering with so called plans to connect remote communities, or causing instability for local businesses!!
There are far more jobs created and job diversity by allowing this forest to stand as it has for the last thousand years than would be created allowing it to be cut down.
There are a few states, like
There are a few states, like ours, and many industries that are quickly trying to take advantage of the shift in Congress as a result of the 2010 last elections.
They are using job creation as a means to attack regulations that have been put in place to protect people from abusive business practices.
EPA is under attack by politicians whose first allegiance is not to Americans or our children but to the polluters that shell out 100s of millions to these members of Congress that will vote to protect their bottom line.
And its hard to believe the Attorney General here is calling the fact that our state fought and won the right for polluting mining industry to dump their toxic waste into our water sytems a WIN.
This so called "win" pushed back the Clean Water Act by over 30 years, and what it amounts to is a huge LOSS for this country not a win! We all know dumping waste in our water ways is wrong.
If you have children and grand children and care about their future you must start pushing back.
At the very least please vote against these members of congress in the next election cycle of 2012.
Vote locally and nationally and push back on these irresponsible industries and the people that support them (like Parnell), so we can win a better future for our kids.
As an independent I will be voting across the board for the Dems. in 2012
Whats it like having an OIL
Whats it like having an OIL LOBBYIST, Sean Parnell, as governor, well hes using our Governors office, fighting against all of us locals so he can line the pockets of industry.
He has fought to give billions of dollars in tax cuts for the
OIL INDUSTRY,
he went behind our backs, overturned our votes and lowered the discharge standards for the
CRUSIE LINE INDUSTRY,
he fought against the clean water act and won the right for the
MINING INDUSTRY to dump their waste in lakes, hes AGAINST locals being able to voice concerns regarding coastal development plans in their communities, and now hes going to fight for the
TIMBER INDUSTRY so they can cut down the Tongass National Forest.
Its hard to believe Alaskans but we have sunk to an all time low with Parnell. We have a governor that fights for the big billion dollar industries BUT when it comes to our kids well he denied funding for the Denali Kid Care program, which would have given basic health care to 1000 more Alaskan children in need! Parnell,well, he gotta go!