Current Status
On Jan. 27, 2023, the U.S. Department of Agriculture restored protections in the Tongass National Forest, prohibiting most timber harvesting and road construction activities.
Why It Matters
Alaska is home to the Tongass and Chugach National Forests, respectively the largest and third-largest national forests in the United States. The Tongass alone, at 16.7 million acres, is about the size of West Virginia, and is one of the largest temperate rain forests in the world. The Tongass and Chugach National Forests are known for their old-growth forests. These forests provide many environmental benefits such as habitat, erosion control, water and air purification, and as large carbon sinks.
The 2001 Roadless Rule limits logging road construction, mineral leasing, and other activities in designated roadless areas in national forests across the country, including the Tongass after USDA restored those protections in Jan. 2023. Alaska has 14.7 million acres of designated roadless areas – about 67% of the national forest land.
Timeline
Jan. 27, 2023 USDA finalized a rule repealing the October 2020 rule and reinstating prohibitions against timber harvest and road construction within the Tongass National Forest. Multiple groups, including the State of Alaska, challenged the rule. Alaska v. USDA, No. 3:23-cv-00203 (D. Alaska); Inside Passage Elec. Coop v. USDA, No. 3:23-cv-00204 (D. Alaska); Murkowski v. USDA, No. 1:23-cv-0010 (D. Alaska). The three lawsuits were eventually consolidated under Docket No. 23-00203. Litigation is ongoing.
Feb. 1, 2021 The USDA Acting Deputy Under Secretary issued a memorandum effectively pausing all road construction, road reconstruction, or timber harvesting in roadless areas designated under the 2001 Roadless Rule, including the Tongass National Forest.
Oct. 29, 2020 The Forest Service finalized a rule exempting the entire Tongass National Forest from the 2001 Roadless Rule, opening the Forest to timber harvesting and road construction activities.
Sep. 24, 2020 The Forest Service released a Final Environmental Impact Statement for rulemaking in Alaska’s roadless areas. The agency’s preferred alternative exempted the entire Tongass National Forest from the Alaska Roadless Rule, removing 9.37 million acres from roadless designation.
Oct. 2018 The Forest Service published a Final Environmental Impact Statement for the Prince of Wales Landscape Level Analysis Project (POWLLA). The plan would last 10-15 years and allow for timber harvesting within the Tongass (on the Prince of Wales Island and surrounding islands). Environmental groups challenged the POWLLA under NEPA and other laws, and on June 24, 2020, the District Court for the District of Alaska vacated the ROD and FEIS for the POWLLA, requiring the Forest Service to publish a new EIS before pursuing timber harvests in the Tongass. Southeast Alaska Conservation Council v. USFS, No. 1:19-cv-00006-SLG (D. Alaska).
March 4, 2011 The District Court for the District of Alaska vacated the 2003 rule exempting the Tongass National Forest from the 2001 Roadless Rule. Organized Village of Kake v. USDA, 1:09-cv-00023 JWS (D. Alaska). On March 26, 2014, the Ninth Circuit reversed the district court’s decision. The court affirmed the decision en banc on June 29, 2015, reinstating the application of the Roadless Rule to the Tongass. Organized Village of Kake v. USDA, No. 11-35517 (9th Cir.).
Aug. 5, 2009 The Ninth Circuit Court of Appeals invalidated the May 2005 state petitions rule on procedural grounds and reinstated the 2001 Roadless Rule. California v. USDA, No. 07-15613 (9th Cir.).
May 28, 2009 Agriculture Secretary Tom Vilsack signed a memo requiring that, for the next year, any projects in roadless areas receive specific approval from the Secretary himself. The memo included projects in the Tongass. The memo was extended in 2010 and 2011.
Aug. 12, 2008 The District Court for the District of Wyoming issued a second decision invalidating and blocking the implementation of the 2001 Roadless Rule. The court held that the rule violates the Wilderness Act of 1964 and that the Forest Service did not satisfy NEPA. Wyoming v. USDA, Docket No. 2:07-cv-00017 (D. Wyo.). On Oct. 21, 2011, the Tenth Circuit reversed the district court’s decision and upheld the 2001 Roadless Rule. Wyoming v. USDA, No. 08-8061 (10th Cir. 2011).