36 C.F.R. § 294.12
State petitions
The Governor of any State or territory that contains National Forest System lands may petition the Secretary of Agriculture to promulgate regulations establishing management requirements for all or any portion of National Forest System inventoried roadless areas within that State or territory. Any such petition must be submitted to the Secretary of Agriculture not later than November 13, 2006.
Notes of Decisions
Cited in 15
cases, 2002–2013 · leading case: Wyoming v. United States Dep't of Agric., 661 F.3d 1209 (10th Cir. 2011).
Wyoming v. United States Dep't of Agric., 661 F.3d 1209 (10th Cir. 2011). “at 30,288 (to be codified at 36 C.F.R. §§ 294.12 , 294.13). The Forest Service *1224 considered four alternatives to the Prohibition Rule in detail in the DEIS — a “no-action” alternative and three alternatives prohibiting road building and timber harvest to varying degrees.”
Wyoming v. United States Dep't of Agric., 277 F. Supp. 2d 1197 (D. Wyo. 2003). “36 C.F.R. § 294.12 (a). The exceptions permit road construction in inventoried roadless areas: (1) to protect public health and safety in cases of an imminent threat of flood, fire, or other catastrophic event that, without intervention, would cause property damage; (2) to…”
Wyoming v. United States Dep't of Agric., 570 F. Supp. 2d 1309 (D. Wyo. 2008). “36 C.F.R. § 294.12 (a). The exceptions permit road construction in inventoried roadless areas: (1) to protect public health and safety in cases of an imminent threat of flood, fire, or other catastrophic event that, without intervention, would cause property damage; (2) to…”
Wilderness Workshop v. United States Bureau of Land Mgmt., 531 F.3d 1220 (10th Cir. 2008). “36 C.F.R. § 294.12 (a)-(b) (2001). [footnote omitted] The Rule affected approximately 58.”
Hammond v. Norton, 370 F. Supp. 2d 226 (D.D.C. 2005). “Roadless Area Rule (Count 15) Plaintiffs claim that USFS’s August 3, 2001 ROD violated USFS’s Roadless Area Rule, 36 C.F.R. § 294.12 , by authorizing road construction in inventories roadless areas of the Manti-La Sal National Forest.”
Wyoming v. United States Dep't of Agric., 414 F.3d 1207 (10th Cir. 2005). “36 C.F.R. § 294.12 (a)-(b) (2001). 3 The Rule *1211 affected approximately 58.”
California Ex Rel. Lockyer v. U.S. Dep't of Agric., 575 F.3d 999 (9th Cir. 2009). “” 36 C.F.R. § 294.12 . The rule sets forth the required content of any such petition (id.”
Shawnee Trail Conservancy v. Nicholas, 343 F. Supp. 2d 687 (S.D. Ill. 2004). “” 36 C.F.R. § 294.12 (a). An exception exists, however, for maintenance of “classified roads,” 36 C.”
Gerald Jayne v. Harris Sherman, 706 F.3d 994 (9th Cir. 2013). “36 C.F.R. § 294.12 (b)(7). Before putting the Idaho Roadless Rule in place, the Forest Service consulted with the Fish and Wildlife Service (FWS) under Section 7 of the Endangered Species Act (ESA) after finding that the new Rule “is likely to adversely affect eight listed…”
Kootenai Tribe of Idaho v. Veneman, 313 F.3d 1094 (9th Cir. 2002). “36 C.F.R. § 294.12 (b)(1),(3). Henceforth, this vast national forest acreage, for better or worse, was more committed to pristine wilderness, and less amenable to road development for purposes permitted by the Forest Service.”
Ark Initiative v. Tidwell, 895 F. Supp. 2d 230 (D.D.C. 2012). “See 36 C.F.R. § 294.12 (must submit petition by November 13, 2006).”
Hogback Basin Pres. Ass'n v. United States Forest Serv., 577 F. Supp. 2d 1139 (W.D. Wash. 2008). “The Rule contains two primary prohibitions: (1) a prohibition on road construction and road reconstruction in inventoried roadless areas, 36 C.F.R. § 294.12 (2001); and (2) a prohibition on timber cutting, sale, or removal in inventoried roadless areas, 36 C.”
— 36 C.F.R. § 294.12(b)(1) — 2 cases
Wyoming v. United States Dep't of Agric., 277 F. Supp. 2d 1197 (D. Wyo. 2003). “36 C.F.R. § 294.12 (a). The exceptions permit road construction in inventoried roadless areas: (1) to protect public health and safety in cases of an imminent threat of flood, fire, or other catastrophic event that, without intervention, would cause property damage; (2) to…”
Wyoming v. United States Dep't of Agric., 570 F. Supp. 2d 1309 (D. Wyo. 2008). “36 C.F.R. § 294.12 (a). The exceptions permit road construction in inventoried roadless areas: (1) to protect public health and safety in cases of an imminent threat of flood, fire, or other catastrophic event that, without intervention, would cause property damage; (2) to…”
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