Appeals court to re-hear Tongass exemption case

The U.S. District Court of Appeals for the Ninth Circuit released an announcement Friday that it would rehear the Tongass Roadless Rule exemption case.

The Roadless Rule was established more than a decade ago, but the Tongass was granted an exemption. A lawsuit challenging that exemption was filed in 2009 by a coalition of conservation groups, the Organized Village of Kake and The Boat Company, a tourism business. A U.S. District Court judge agreed with the petitioners, but the State of Alaska appealed that decision to the Ninth Circuit.

In March, a three-judge panel of the appeals court issued an opinion that the Roadless Rule should not apply to Alaska’s Tongass National Forest. But, Friday’s announcement states that the full 11-judge panel will review the case.

According to the Ninth Circuit clerk’s office, the case will be heard on Dec. 15.