September 10, 2021

(Juneau, Alaska) –  Earlier today, the U.S. Court of Appeals for the D.C. Circuit heard oral argument on the State's appeal of the federal district court decision upholding the 2001 Roadless Area Conservation Rule (Roadless Rule).

Senior Assistant Attorney General Mary Gramling explained during oral argument that the State "requests…the Roadless Rule [be vacated] due to violations of Alaska specific laws, the Alaska National Interest Lands Conservation Act (ANILCA), the Tongass Timber Reform Act as an amendment to ANILCA, and the National Environmental Policy Act." She further explained how the U.S. Supreme Court in the Sturgeon v. Frost cases has repeatedly recognized that Alaska is different.

The State's 2018 petition for rulemaking led to the 2020 Tongass Exemption Rule which greatly benefited Alaska. The State is defending the Exemption Rule in a separate court case along with 23 other Alaska-based cities and other business and resource interests. The U.S. Forest Service recently announced a new rulemaking effort to undo the Exemption Rule.

"A judicial decision recognizing the legal flaws in the 2001 Roadless Rule is important so that the Forest Service does not adopt another restrictive regulation that ignores ANILCA and the social and economic needs of Alaskans," said Attorney General Treg Taylor.

Governor Mike Dunleavy reacted to today's argument by stating, "As Congress recognized in ANILCA, balanced management of the Tongass is vital to Alaska's tourism and resource-based economy. I continue to fight to defend and promote the promise of Alaska's statehood, based on responsible management and resource development."

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Department Media Contact: Assistant Attorney General Grace Lee.