The U.S. Court of Appeals for the 10th Circuit has denied a petition requesting that it reconsider its October 2011 decision to uphold the Clinton administration's Roadless Area Conservation Rule (Wyoming v. USDA, 10th Cir., No. 09-8075, 2/16/12). The petition, filed by Wyoming and the Colorado Mining Association, asked the court to review its ruling requiring a lower court to vacate its nationwide injunction against the 2001 rule. The 10th Circuit denied the request Feb. 16. A judge in the U.S. District Court for the District of Wyoming had determined the rule violated the Wilderness Act and the National Environmental Policy Act by creating de facto wilderness areas and by doing so without following National Environmental Policy Act procedural requirements.
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