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Industry Brief

The Colorado Mining Association (CMA) has asked the U.S. Supreme Court to consider its challenge to the Clinton-era "roadless rule," which places restrictions on road-building to carry out energy exploration and production, logging and other commercial activities on forest lands. The CMA petition comes only days after the State of Wyoming petitioned the high court to review the October 2011 decision of the U.S. Court of Appeals for the Tenth Circuit, which had overturned a 2008 U.S. District Court ruling permanently enjoining the enforcement of the roadless rule (see Daily GPI, Oct. 25, 2011). Because the roadless rule violated the National Environmental Policy Act and Wilderness Act. it "must be set aside," U.S. District Judge Clarence Brimmer of Wyoming wrote in his 2008 decision (see Daily GPI, Aug. 14, 2008). "If allowed to stand, the roadless rule will effectively prevent future mining operations on roadless lands lead to a decrease in mineral and coal production, job losses and sharp decreases in taxes and revenues," said attorney Paul Seby, who filed the CMA's petition with the high court.

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