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Jackson Chiappinelli, Earthjustice,
jchiappinelli@earthjustice.org
The National Roadless Rule was rolled back for America’s last great rainforest by the Trump administration, threatening millions of acres of undeveloped national forest lands
In a win for Southeast Alaska communities, wildlife, and the climate, the U.S. Forest Service reinstated Roadless Rule protections across the Tongass rainforest in Southeast Alaska. Tribal leaders, recreational small-business owners, commercial fishing operators, and conservationists cheered the agency’s restoration of this critical safeguard. The move restores federal protection — from industrial logging and damaging road-building — to just over 9 million undeveloped acres in America’s largest national forest.
The 17 million-acre Tongass National Forest, situated in the southeast corner of Alaska, is a temperate rainforest that draws visitors from around the globe and provides habitat for an abundance of wildlife including grizzly bears, bald eagles, and wolves. It is the ancestral homeland of the Tlingit, Haida, and Tsimshian peoples. The Tongass also serves as the country’s largest forest carbon sink, making its protection critical for U.S. efforts to curb greenhouse gas emissions and to set a global example.
The following statements were issued in response to today’s news.
President Joel Jackson, Organized Village of Kake:
“The Tongass Roadless Rule is important to everyone. The old-growth timber is a carbon sink, one of the best in the world. It’s important to OUR WAY OF LIFE — the streams, salmon, deer, and all the forest animals and plants.”
Naawéiyaa Tagaban, Environmental Justice Strategy Lead, Native Movement:
“The restoration of National Roadless Rule protections for the Tongass National Forest is a great first step in honoring the voices of the many Tribal Governments and Tribal Citizens who spoke out in favor of Roadless Rule protections for the Tongass. We are grateful to the Biden administration for taking this first step toward long-term protections for the Tongass. We hope that going forward true long-term protections will be established that do not rely on a rule which can be changed at the whim of a presidential administration. The administration must look to Tribal Sovereignty and Indigenous stewardship as the true long-term solution for protections in the Tongass. Tlingit, Haida, and Tsimshian people have lived in and managed the Tongass national forest for generations, true protections will look like the restoration of lands into Indigenous ownership.”
Wanda Culp, Tongass Coordinator, Women’s Earth and Climate Action Network:
“The Tongass Forest is homeland to countless indigenous family species, intertwined as strong and delicate as a spider's circular web. The Tongass National Forest in Alaska is a national treasure, stored wealth, as is each of America's Public Forests. They should always be handled as the treasures they are — cherished and saved to enable our future generations to breathe fresh air. To BREATHE FREELY!”
Linda Behnken, commercial fisherman and Executive Director, Alaska Longline Fishermen's Association:
“We are thrilled and relieved to know the Tongass' remaining unroaded areas will remain intact vibrant forests for generations to come. Our fisheries depend on healthy habitat, and with climate change driving ocean warming, protecting habitat is increasingly important to the fish, the fisheries, and the coastal fishing communities. This is welcome news!”
Captain Dan Blanchard, owner and CEO, Uncruise Adventures:
“As an Alaska small business owner, I am ecstatic that the Forest Service is fully reinstating the Roadless Rule in the Tongass National Forest. It is time for us to focus on recreational opportunities for locals and visitors alike. The visitor industry is huge to the SE Alaska economy. Visitors travel from every corner of the planet to explore the rare environment and wildlife that is the Tongass National Forest. Happy Day!”
Mike and Sally Trotter, owners, Baranof Wilderness Lodge:
"GO JOE! Thank you so much for your support, stewardship, and care for this precious and wonderful planet earth! We honor your path.”
Above & Beyond Alaska:
“As a company that has been operating wilderness trips in the Tongass National Forest for over 20 years, we are overjoyed that the Roadless Rule will be restored to help protect this national treasure and to ensure healthy ecosystems continue to thrive in Southeast Alaska.”
Kevin Murphy, owner, Murphy's Maritime Services:
“As a business owner in Southeast Alaska, reinstating the Roadless Rule allows me to continue to take visitors from around the world to experience an intact ecosystem filled with salmon, wildlife, and old-growth forests — not clearcuts. It’s no wonder Juneau gets more than a million visitors a year.”
Teague Whalen, owner and operator, Tongass Teague:
“There are two uncompromising realities for the survival of life on this planet: clean air and clean water. My hiking tours into the Tongass begin at the literal end of our road, where the Roadless Rule reinstatement will ensure that the Tongass can continue to be a lasting carbon sink.”
Stephen Van Derhoff, owner, Spirit Walker Expeditions:
“We are elated — literally floating on the news that the Roadless Rule is being reinstated in the Tongass. As we kayak, hike, and camp our way through this incredible ecosystem, we're thankful for its protection and stewardship — and grateful for the opportunity to share the wilds of Southeast Alaska with guests from around the globe.”
Andy Moderow, Alaska Director, Alaska Wilderness League:
“We applaud today’s announcement, because it recognizes that Southeast Alaska’s future is rooted in sustainable uses of the forest. The Roadless Rule protects Tongass old-growth while also providing flexibility for community access, hydropower projects, utility connectors and other economic development projects when they serve a legitimate public interest. This decision puts public lands and people first, and we are grateful for the action.”
Patrick Lavin, Alaska policy advisor, Defenders of Wildlife:
“Protecting the Tongass National Forest is an important step in recognizing the role of our forests in fighting the biodiversity and climate crises. Today’s action helps restore responsible stewardship in the Tongass, as demanded by an overwhelming majority of people during the public process. We look forward to working with the Biden administration to similarly protect older forests and wildlands across the nation.”
Kate Glover, Senior Attorney, Earthjustice:
“We applaud the Forest Service for making good on its commitment to tribes and to the climate by restoring the Roadless Rule across the Tongass. This is great news for the forest, the salmon, the wildlife, and the people who depend on intact ecosystems to support their ways of life and livelihoods.”
Ellen Montgomery, Research and Policy Center Public Lands Campaign Director, Environment America:
“After eagerly awaiting this announcement, we’re overjoyed that full roadless protections have been restored to the Tongass National Forest. Our largest national forest provides critical habitat for countless birds, salmon and its ancient trees absorb staggering amounts of carbon. The roadless area, 9.2 million acres, has been protected from logging since 2001. Thanks to the Biden administration, this critical forestland will have continued protection for decades longer. Now that this Trump era rollback has been restored, it’s time for the Biden administration to move to increase protection from logging for all old and mature forests across the entire country.”
Hallie Templeton, Legal Director, Friends of the Earth:
“We are proud to stand in victory alongside our Alaskan neighbors and other partners. Today marks yet another reversal of Trump-era attempts to gut conservation policies in the name of profits. Our message is loud and clear: we won’t allow such lawless behavior. We will keep watching and fighting in the name of conservation and environmental justice.”
Garett Rose, Staff Attorney, Alaska Project, NRDC:
“The Forest Service deserves a lot of praise for today’s move. The region’s Native peoples depend on this vast wildland, and the public overwhelmingly wants it protected. The Tongass is a refuge for animals that are endangered in other places, not to mention five species of salmon. We need to keep old-growth forests like these intact all around the globe—and soon—to sharply reduce carbon emissions. A key next step for the Biden administration would be protecting mature forests across all federal lands here in the U.S.”
Alex Craven, Senior Campaign Representative, Sierra Club:
“The Tongass is often referred to as ‘our nation’s climate forest’ for its ability to store carbon and protect us from the worst impacts of climate change. Thanks to today’s reinstatement of the Roadless Rule in Alaska, millions of acres of this valuable ecosystem will once again be protected – as will its supply of clean water, critical wildlife habitat, and carbon stores. We are proud to stand with Indigenous leaders and local Alaskans who have been championing the effort to restore these critical protections.”
Meredith Trainor, Executive Director, Southeast Alaska Conservation Council:
All of us at the Southeast Alaska Conservation Council and across Southeast Alaska are celebrating today’s announcement. This long-awaited decision by the Biden administration will protect over 9 million acres of Tongass National Forest Land for years to come. Hundreds of thousands of Alaskans and Americans wrote, lobbied, rallied, and petitioned for the National Roadless Rule to stay in place on the Tongass, and thanks to the Biden administration and leadership from Southeast Alaska’s Tribal communities, we have finally succeeded. Today’s win is the work of hundreds and thousands of hands and voices, all lifted up to protect this most precious place that we love - the Tongass National Forest.
Dominick A. DellaSala, Ph. D. Chief Scientist, Wild Heritage:
"The Tongass' towering old-growth rainforests are tops among all national forests, and its roadless areas are 16% of the nation's total. Even more impressive is this single national forest, the nation's largest, stores the equivalent of 20% of all the carbon in the entire national forest system, making it North America's best nature-based climate solution. What a glorious decision for Alaskans and all those that care about a safe climate and our natural legacy."
Meda DeWitt, Senior Specialist, Alaska, The Wilderness Society:
“This is a long-awaited victory for the Tongass and for the Tlingit people. Through the leadership of the Indigenous peoples of Southeast Alaska, we have made our voices heard and will see over nine million acres of ancestral homeland and invaluable old-growth forest protected from harmful development. While we are grateful to the Biden Administration for taking decisive action in reinstating the 2001 Roadless Rule, we must continue to listen to the voices of Southeast Alaska and ensure that this forest is protected for the preservation of culture and future generations to come.”
Osprey Orielle Lake, Executive Director, Women’s Earth and Climate Action Network (WECAN):
"After years of collective advocacy, we are celebrating this decision to protect the Tongass Rainforest and our global climate. Old-growth and mature forests are vital to climate mitigation, and we must take action to support protection of all old-growth forests like the Tongass, while we particularly listen to the leadership of Indigenous peoples when their forest homelands and territories are under attack. We look forward to the Tongass remaining protected for current and future generations, and to uplifting Indigenous leadership."
Ted Zukoski, senior attorney, Center for Biological Diversity:
“What a fantastic day for the old trees of the Tongass, Southeast Alaska communities, wildlife and our climate. We're in the midst of climate and wildlife extinction crises and the Tongass is a lifeline for our planet. The wild, mature and old-growth forests on the Tongass are carbon-storing champions that are worth more standing. It’s crucial that the Biden administration is stepping up to protect them from logging.”
Background
In October 2020, the Trump administration canceled application of the nationwide Roadless Rule to the 9 million acres of Southeast Alaska’s 17-million-acre Tongass National Forest it previously protected. The public submitted nearly half a million comments during the federally required public process The Forest Service analyzed a subset of the comments, finding 96% supporting keeping the Roadless Rule in force on the Tongass, and only 1% supporting the exemption ultimately selected by the Trump administration.
Originally adopted in 2001, the Roadless Rule is one of the most significant conservation measures adopted to protect the national forests of the United States. Applicable nationwide, it prohibits industrial logging and most road-building in intact areas of the national forest system, with a few exceptions. Alaska's Tongass National Forest was protected under the national rule in 2001, but was exempted first under the Bush administration and later under the Trump Administration. Today's decision puts the Roadless Rule back in place across the Tongass, protecting its nine million acres of roadless areas from logging and road-building.
On June 11, 2021, the Biden administration announced it would “repeal or replace” the so-called Alaska-specific Roadless Rule.
Earthjustice is a non-profit public interest law firm dedicated to protecting the magnificent places, natural resources, and wildlife of this earth, and to defending the right of all people to a healthy environment. We bring about far-reaching change by enforcing and strengthening environmental laws on behalf of hundreds of organizations, coalitions and communities.
800-584-6460A 17-year-old plaintiff commended the federal lawmakers for "using their voices to weigh in on the importance of our rights to access justice and to a livable climate."
Dozens of members of Congress on Monday submitted an amicus brief to the U.S. Supreme Court supporting 21 youth plaintiffs who launched a historic constitutional climate case against the federal government nearly a decade ago.
Since Juliana v. United States was first filed in the District of Oregon in August 2015, the Obama, Trump, and Biden administrations have fought against it. Last May, a panel of three judges appointed to the 9th Circuit Court of Appeals by President-elect Donald Trump granted a request by President Joe Biden's Department of Justice to dismiss the case.
After the U.S. Supreme Court in November denied the youth plaintiffs' initial request for intervention regarding the panel's decision, their attorneys filed a different type of petition last month. As Our Children's Trust, which represents the 21 young people, explains on its website, they argued to the justices that federal courts are empowered by the U.S. Constitution and the Declaratory Judgment Act (DJA) "to resolve active disputes between citizens and their government when citizens are being personally injured by government policies, even if the relief is limited to a declaration of individual rights and government wrongs."
The Monday filing from seven U.S. senators and 36 members of the House of Representatives argues to the nation's top court that "the 9th Circuit's dismissal of the petitioners' constitutional suit for declaratory relief has no basis in law and threatens to undermine the Declaratory Judgment Act, one of the most consequential remedial statutes that Congress has ever enacted."
The Supreme Court "should grant the petition to clarify that declaratory relief under the DJA satisfies the Article III redressability requirement," wrote the federal lawmakers, led by Sen. Jeff Merkley (D-Ore.) and Rep. Jan Schakowsky (D-Ill.). "Doing so is necessary because Congress expressly authorized declaratory relief 'whether or not further relief is or could be sought.'"
"The 9th Circuit's jurisdictional holding, which prevented the district court from even reaching the question whether declaratory relief would be appropriate, conflicts with this court's holding that the DJA is constitutional," the lawmakers continued. "It also conflicts with this court's holding that Article III courts may not limit DJA relief to cases where an injunction would be appropriate."
In a Monday statement, Juliana's youngest plaintiff, 17-year-old Levi D., welcomed the support from the 43 members of Congress—including Sens. Ed Markey (D-Mass.) and Bernie Sanders (I-Vt.) as well as Reps. Pramila Jayapal (D-Wash.), Ro Khanna (D-Calif.), Alexandria Ocasio-Cortez (D-N.Y.), Ilhan Omar (D-Minn.), Jamie Raskin (D-Md.), and Rashida Tlaib (D-Mich.).
"After 10 years of delay, I have spent more than half of my life as a plaintiff fighting for my fundamental rights to a safe climate. Yet, the courthouse doors are still closed to us," said Levi. "Five years ago, members of Congress stood by me and my co-plaintiffs on the steps of the Supreme Court. Today, as the climate crisis worsens and hurricanes ravage my home state of Florida, they are still with us, using their voices to weigh in on the importance of our rights to access justice and to a livable climate."
"The recent win in Held v. State of Montana and historic settlement in Navahine v. Hawaii Department of Transportation showed the world that young people's voices, my voice, and legal action are not just symbolic, but they hold governments accountable to protect our constitutional rights," Levi added. "Now, it's our turn to be heard!"
The lawmakers weren't alone in formally supporting the young climate advocates on Monday. Public Justice and the Montana Trial Lawyers Association filed another brief that takes aim at the government's use of mandamus—a court order directing a lower entity to perform official duties—to deny the Juliana youth a trial.
"The government's sole argument to justify mandamus is the Department of Justice's past and anticipated future litigation expenses associated with going to trial. That argument is firmly foreclosed by precedent," the groups argued. "And even if it wasn't foreclosed by precedent, the argument trivializes the extraordinary nature of mandamus and would improperly circumvent the final judgment rule."
The organizations urged the high court to grant certiorari to uphold the mandamus standard set out in Cheney v. United States District Court for the District of Columbia in 2004. Plaintiff Miko V. said Monday that "I'm incredibly grateful to Public Justice and the Montana Trial Lawyers Association for standing with us in our fight for justice."
"We're not asking for special treatment; we're demanding the right to access justice, as our constitutional democracy guarantees," Miko stressed. "The recent victory in Held v. State of Montana demonstrates the power of youth-led legal action, and the urgent need for courts to recognize that our generation has the right to hold our government accountable. Every day that the government prevents us from presenting our case, we all lose more ground in the fight for a livable future. It's time for the judiciary to open the courthouse doors and allow us a fair trial."
The briefs came just a week before Big Oil-backed Trump's second inauguration and on the same day that the U.S. Supreme Court rejected attempts by fossil fuel giants to quash a Hawaiian municipality's lawsuit that aims to hold the climate polluters accountable, in line with justices' previous decisions. Dozens of U.S. state and local governments have filed similar suits.
"It's outrageous that Trump and House Republicans are threatening to withhold recovery aid if their conditions aren't met," said a leader in the Working Families Party.
The deputy national director of the Working Families Party had sharp words for a group of House Republicans and President-elect Donald Trump, who, according to Politicoreporting published Monday, discussed tying fire relief for California to the politically charged issue of increasing the debt ceiling.
The reporting comes as California continues to battle fires in the Los Angeles area that have consumed tens of thousands of acres and left over 20 people dead. The scale of the destruction could make them, collectively, the costliest wildfire disaster in U.S. history, a climate scientist told the Los Angeles Times last week.
"The Palisades wildfires have destroyed homes, schools, and businesses and left thousands of families without a roof over their heads. It's outrageous that Trump and House Republicans are threatening to withhold recovery aid if their conditions aren't met," said Working Families Party deputy national director Joe Dinkin in a statement Monday.
"Every Republican should be on the record denouncing this abominable plan," he added.
Per Politico, nearly two dozen House Republicans attended a dinner at Trump's Mar-a-Lago Club over the weekend where the option was discussed.
Speaker Mike Johnson (R-Fla.), who was not a part of the conversation but did later confirm the conversation, must deal with the looming debt cliff, which is set to be reached sometime in mid-January, and he faces obstacles within his own party. In December, fractures appeared in the GOP when fiscal hawks refused to back legislation that Trump supported that would have raised the debt limit.
Johnson has also said he would try to lift the debt limit by including it in a reconciliation bill full of President-elect Donald Trump's legislative priorities, though this could run afoul with those same fiscal hawks. Some House Republicans reportedly brought up the pitfalls of this option during discussions at Mar-a-Lago over the weekend.
Of the potential move to link fire relief to the debt ceiling, Politico reported: "The Sunday night discussions prove Republicans are desperately looking for a plan before the nation is due to exhaust its borrowing authority—though Democrats and some Republicans are sure to balk at the prospect of linking disaster relief dollars to a politically charged exercise like extending the debt limit."
Congress recently passed a spending bill that included funding for natural disaster relief, but scope of the destruction in California has some officials wondering if more may be needed, Politico reports.
"Defeating the MAGA movement does not require clever theories, it requires the hard work of opposition on behalf of the millions who will suffer at the hands of Trump's corporate Cabinet."
The government watchdog group Revolving Door Project on Monday denounced Democratic lawmakers for the "perfunctory resistance" with which they appear to be preparing for confirmation hearings on President-elect Donald Trump's nominees to lead federal agencies, saying some in the party's upper ranks appear willing to allow far-right appointees to sail to top government positions without facing a true opposition party.
As Sen. Brian Schatz (D-Hawaii) toldNOTUS on Monday, some of Trump's nominees are "objectionable," but others "are going to get bipartisan support."
Jeff Hauser, executive director of Revolving Door Project (RDP), acknowledged that with Republicans now holding 53 seats in the Senate and the Democratic Party holding 45, "Democrats do not have the votes to kill any of these nominations."
"But they do have the ability to begin drawing attention to the cronyism that will inevitably appear from within the Trump administration. Contrary to the party's current position, being able to say 'I told you so' is helpful to future success," said Hauser.
Democrats aren't ensuring they'll have the ability to say that, Hauser warned, as they signal little resistance "to the few Trump nominees so brazenly offputting that they draw nearly uniform skepticism."
"For all the Trump nominees not accused of killing a dog or committing heinous crimes, Democrats do not seem poised to offer even a whisper of resistance, no matter how unqualified," said Hauser.
"Democrats must find their inner populists and fight at all times, even in battles that they will almost certainly lose."
Senate Minority Leader Chuck Schumer (D-N.Y.) held a meeting Monday with Democrats on the Senate Armed Services Committee to discuss the upcoming questioning of defense secretary nominee Pete Hegseth this week, saying his upcoming confirmation hearing on Tuesday will provide the party an opportunity to attack the GOP's "brand." Hegseth has been accused of sexual assault, which he has denied.
But the party has not called attention to problems with nominees like Scott Bessent, Trump's treasury secretary nominee, or Chris Wright, the fracking CEO who has denied the climate emergency and whom Trump picked to run the Department of Energy (DOE).
"Senate Democrats have failed to question how Scott Bessent's experience of running a second-tier hedge fund with declining assets under management qualifies him to hold one of the most powerful economic policymaking in the world," said Hauser. "Or how Chris Wright's experience as an unhinged plutocrat out of touch with scientific reality would qualify him to manage some of the world's most important laboratories."
Sen. Cory Booker (D-N.J.) told NOTUS that Democrats are prepared to use the confirmation hearings to answer the question: "Are they fighting for Americans, or are they going to fight for the kind of cronyism politics that's really hurt this place?"
"I want to support nominees that are going to really fight for the American people, not fight for special interests, not fight for rich people, not fight to take away our freedoms," he told NOTUS.
But with nominees like hedge fund manager Bessent, former corporate lobbyist Pam Bondi for attorney general, cryptocurrency promoter Howard Lutnick for commerce secretary, and Medicare Advantage proponent Mehmet Oz to head the Centers for Medicare and Medicaid Services, Hauser said Democrats shouldn't act as though the nominees' conflicts of interest and loyalty to the wealthy are a question.
"Every senior Trump administration official will have the discretion to exercise presidential authority on behalf of corporate interests in ways that will hurt ordinary Americans. Workers, consumers, breathers of air—every typical American is at risk from the most corporate captured set of nominees in American history," said Hauser. "Democrats should be telling this story now, not only to raise alarms ahead of the inauguration, but to be able to tell a compelling story about what went wrong and why when things inevitably decline across so many critical fronts in the next few years."
Instead, Booker told NOTUS that the party is "not looking to make this partisanship or tribalism."
Sen. John Fetterman (D-Pa.), for his part, met with Trump at Mar-a-Lago and told NOTUS his plan going into confirmation hearings is "to listen." He has expressed support for secretary of state nominee Marco Rubioubio, United Nations ambassador nominee Elisa StefanikStefanik, and transportation secretary nominee Sean Duffy.
"Senate Democrats are seeking strategic retreat wherever possible, convinced that 'opposition' is a bad strategy for the opposition party," Hauser warned.
In a post at RDP's Substack newsletter, research assistant KJ Boyle wrote that the problem with Booker and Fetterman's approach "is that Trump's picks are partisan, chosen for their loyalty both to him and the moneyed interests they'll ostensibly be tasked with overseeing. Now is not the time to sit back and listen. It's time to make a big stink about how unqualified and dangerous these nominees are, and explain how that will translate to real world consequences that harm everyday people."
The group plans to release suggested questions for Democrats to ask at each of the confirmation hearings in the coming days; Boyle started with Wright, interior secretary nominee Doug Burgum, and Office of Management and Budget director nominee Russell Vought.
He suggested senators ask Wright about his former company, trade association Western Energy Alliance, and its public comment opposing energy efficiency standards for gas stoves.
"The public comment erroneously claimed the DOE's rule was 'intended to ban new gas stoves and compel a transition to electric,' rather than a commonsense rule to reduce carbon dioxide emissions and save consumers money," Boyle wrote in a suggested question. "Moreover, are you aware that approximately 13% of childhood asthma cases can be attributed to nitrogen dioxide exposure from gas stoves? Do you believe the federal government has no role in protecting our children from exposure to these hazardous airborne pollutants?"
Boyle suggested senators ask Vought about his record of budget cuts that have harmed low-income families, and ask Burgum why he opposed a rule requiring coal plants to reduce mercury emissions, which are linked to heart attacks, cancer, and developmental delays in children.
"Why do you think that the coal industry should be given handouts and allowed to make people sick?" Boyle suggested senators ask.
Hauser said that Democrats' electoral defeat in November has left them "doubling down on an ostrich-like strategy of hiding their heads until Donald Trump goes away."
"But the MAGA movement will not go away on its own, it will have to be defeated," he said. "Defeating the MAGA movement does not require clever theories, it requires the hard work of opposition on behalf of the millions who will suffer at the hands of Trump's corporate Cabinet. Democrats must find their inner populists and fight at all times, even in battles that they will almost certainly lose."
"There is never a better opportunity to find an opposition's voice," he said, "than when a would-be populist president appoints a corporate-owned Cabinet."