DENVER—The protracted and complex dispute over undeveloped national forest land took another twist Wednesday as a federal appeals court heard a challenge to building a pipeline on some of the land in western Colorado.
Environmentalists see stopping construction of the Bull Mountain natural gas pipeline as a key battle in upholding a 2001 rule that placed about 58 million acres in forests nationwide off-limits to road-building.
The Carbondale-based Wilderness Workshop and other groups argue that federal approval of the pipeline through three roadless areas violates the Clinton-era ban on new roads.
The rule has been entangled in the courts since its passage. It was overturned by a Wyoming federal court, reinstated by one in California and is again under review by the same Wyoming court that threw it out in 2003.
“There haven’t been a lot of cases, so they are going to set a real precedent,” said Robin Cooley, an attorney with Earthjustice, which is representing the environmental groups.
Last week, the 10th U.S. Circuit Court of Appeals issued an order temporarily halting construction in the roadless areas until it decides the appeal of a lower court’s refusal to block work. The groups want construction stopped until their lawsuit is resolved.
The three-judge panel that heard arguments Wednesday on extending the injunction is expected to rule soon.
SG Interests plans to build parts of a 25.5-mile pipeline through three roadless areas in the White River and Grand Mesa, Uncompahgre and Gunnison national forests.
The U.S. Bureau of Land Management, which oversees development of minerals on federal land, has said no roads will be built in construction of the pipeline, which mostly would run next to an existing pipeline. Federal officials have said that building the pipeline around the roadless area would have greater environmental impacts because the route would be longer and go through riparian areas.
Cooley, though, said during the court hearing that a two-lane road will be built for construction traffic, despite what federal officials call it.
Judge Michael McConnell told Cooley her definition of a road was so stringent that he questioned whether following it would result in the kind of restrictions found in federal wilderness areas.
Opponents of the road-building ban have argued that setting aside roadless areas is the first step to creating more wilderness areas, which are off-limits to motorized vehicles.
Aaron Avila, an attorney with the Justice Department representing the federal government, said the road-building ban doesn’t prohibit roads for construction.
“The sole purpose is for construction and installation of the pipeline,” Avila said.
The roadless rule was passed in the waning days of the Clinton administration after more than two years of public hearings. About a third of the country’s 192 million acres of national forest lands was affected. The bulk of the land is in the West.
Some of the areas protected as roadless have trails and roads, but generally are prized for their pristine qualities and are considered important as wildlife habitat, watersheds, scenic and recreation areas.
