Here is an article in the New York Times along the lines of our discussion in class this week about what is a wilderness. It concerns a lawsuit brought by the state of Wyoming against the Forest Service for a policy restricting road development into and on national forests. The state argues that such a restriction would be de facto wilderness designation. The court ruled that “full wilderness protection was far deeper than the mere banning of roads in certain places and that the Forest Service had broad jurisdiction in setting the balance of uses on the lands that it manages”. This case was heard by a three Judge panel and it is likely that the State will ask for an en banc hearing by the court.
What is Wilderness October 23, 2011