Thursday, September 21, 2006

Clinton Era Executive Order Upheld Over Bush Executive Order

This is with regards to the "roadless rule" Executive Order that Clinton enacted and the Bush EO countermanding it. That's EO 13211. Now I'm wondering how this judge has decided that Clinton's EO has merit over Bush's.
Ruling against the Bush administration's efforts to open national forests for logging and mining, a federal judge in California on Wednesday set aside a U.S. Forest Service rule that allows governors to decide which land in national forests is suited for development.

U.S. Magistrate Judge Elizabeth D. Laporte largely reinstated one of the most sweeping, emotionally fraught and legally contentious land-protection measures in decades: the Clinton-era "roadless rule," which put nearly a third of the national forests -- roughly 60 million acres -- off-limits to most development.

And

Laporte's order chastised the Bush administration for having changed the 2001 roadless rule without explaining why it was doing so, for failing to cite "any new evidence" for altering land protections that had been years in the making and for ignoring the consequences of its new policy on endangered species.

What? So Clinton's EO is ok and didn't require any explanations for changing the rules on use, but Bush has to detail his reasoning for counteracting it? Why is "new evidence" required?

Smells of Judicial over reach to me.

There are some voices speaking against the finding:

Colorado Gov. Bill Owens criticized the ruling, saying a task force that takes citizens' input is the right way to manage the state's wilderness.

"It would be very unfortunate if we were to revert back to a rule established hastily without public input during the waning days of the Clinton administration," Owens said. "We simply should not have a federal magistrate in San Francisco unilaterally dictating natural resource policy for the entire country."

I'm coming to the opinion that California seems to think it runs the country, and is now trying to enforce that through the Judiciary.


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