A federal appeals court has cleared a legal roadblock to a U.S. Forest Service rule issued in the last days of the Clinton administration barring road construction in about 58.5 million acres of federal forests. The Dec. 12 ruling by the U.S. Court of Appeals for the Ninth Circuit represents a win for environmental groups who support the "roadless rule," and a setback for those who favor more development in forest areas.

In its decision in the case, Kootenai Tribe of Idaho v. Veneman, the appellate court reversed a lower court's preliminary injunction that prevented the regulation from going into effect. The appeals court ruling isn't the last word, however. It also sent the matter back to the district court for disposition.

Within the Bush administration, officials at the Agriculture Dept.--the Forest Service's federal parent--and the Justice Dept. are reviewing the ruling, said Agriculture Under Secretary Mark Rey. With the injunction lifted, Agriculture will let the rule go into effect--as the department had said it would in May 2001, Rey noted.

At issue is a final Forest Service rule issued by the Clinton administration on Jan. 5, 2001, shortly before the end of its term in office. In general, the regulation bans road construction in 58.5 million acres of the National Forest System. It was to go into effect in March.

Three days later, the Kootenai Tribe, Boise Cascade Corp., two Idaho counties and other groups sued in federal district court, contending the Forest Service rule violated the National Environmental Policy Act and the Administrative Procedure Act.

On Jan. 20 of last year, after his inauguration, President Bush put a 60-day freeze on implementing any Clinton administration rules that had not yet gone into effect. That included the roadless regulation.

On May 10, 2001, the district court issued an injunction blocking the roadless regulation, saying there was a "substantial possibility that the Roadless Rule will result in irreparable harm to the National Forests." Environmentalists filed an appeal challenging the district court's action.

In its ruling, the appellate court sided with the environmentalists, saying, "The district court in our view failed adequately to weigh the public interest in preserving our national forests in their natural state."

Environmentalists welcomed the ruling. Carl Pope, executive director of the Sierra Club, said, "It's good news that the court upheld Americans' right to say they want these special places protected for future generations to enjoy."