(Anchorage, AK) – Friday, the State of Alaska filed a complaint in U.S. District Court in Alaska to challenge the final repeal of the 2020 Alaska Roadless Rule by the U.S. Department of Agriculture’s Forest Service. The State complaint seeks to protect the economic and socioeconomic development of Southeast Alaska by having the 2020 Alaska Roadless Rule reinstated as soon as possible. 

“Alaskans deserve access to the resources that the Tongass provides – jobs, renewable energy resources, and tourism, not a government plan that treats human beings within a working forest like an invasive species,” said Alaska Governor Mike Dunleavy. “That’s why we’re challenging the decision with this complaint.”

With its January repeal the USDA reinstated the 2001 Roadless Area Conservation Rule on 9.3 million acres of the Tongass National Forest, which effectively prevents roadbuilding, some road reconstruction and timber harvesting. Those protections are unnecessary, however, as numerous environmental safeguards currently ensure that economic survival is balanced with wise conservation practices and resource protection. The repeal also prevents the region from safely and responsibly supplying critical essential minerals that are crucial for renewable energy resources and critical mineral resources. The Tongass National Forest covers almost 17 million acres and is the largest forest in the United States. More than 71,000 Alaska residents and the capital city of Juneau are surrounded by the forest.

“The State of Alaska will continue this long-running fight to unburden the Tongass National Forest from the constraints of the Roadless Rule and to protect the economic and socioeconomic development of Southeast Alaska,” said Alaska Attorney General Treg Taylor. “The Tongass National Forest has robust environmental protections in place, and the Roadless Rule is both unnecessary and continues to cripple to the future of Alaskan communities.”

“We believe sustainable management of natural resources and preservation of wilderness can coexist in the Tongass,” said Alaska Dept. of Natural Resources Commissioner John Boyle. “Alaskans need a return to a common-sense management approach to the Tongass National Forest to support subsistence, energy security, recreation, transportation, resource development, and public safety. It’s a multiple-use forest, not a national park.”

The most recent rule, the 2020 Alaska Roadless Rule, was adopted by the USDA after lengthy consideration and public comment, which recognized that the Tongass National Forest is unique and that the 2001 Roadless Rule protections are both unnecessary and inappropriate in light of their substantial economic impacts. The abrupt shift by the USDA, almost immediately moving to repeal the 2020 Alaska Roadless Rule after its enactment, was done without any new analysis or evaluation, and USDA failed to provide a reasoned explanation for its sudden change in violation of the Administrative Procedure Act.

The 2001 Roadless Rule remains a national, one-size-fits-all regulation that unlawfully limits opportunities for Alaskans who live and work in Southeast Alaska, given the enormous footprint of the forest across the region.  Both the State and Alaska’s Congressional Delegation have uniformly and consistently worked over six consecutive terms of governors (Democratic, Independent, and Republican) to exempt the Tongass from the 2001 Roadless Rule.

Reapplying the 2001 Roadless Rule to the Tongass violates unique Alaska and Tongass-specific statutory provisions of the Alaska National Interest Lands Conservation Act and the Tongass Timber Reform Act based on a flawed and biased decision-making process.

“The State has repeatedly obtained a favorable outcome only to have it wrenched away again, with the State and its citizens paying the price. The Biden administration has unlawfully imposed near-absolute preservation across forest lands meant to provide access and accommodate responsible development. The State seeks to obtain a final and enduring win with this litigation, in what it hopes to be the final chapter of this long-running saga,” said Attorney General Taylor.

• SOA v. U.S DOA, et al. Complaint for Injunctive and Declaratory Relief – PDF (314KB)
• Forest Service Restores Restrictions in Tongass, Blocking Economic Development in Southeast