Comment Analysis · Docket FS-2025-0001

FS-2025-0001-224183

Opposes rescissionA1 strongSubstance 16/24Owed an answerPosted August 20, 2026 On Regulations.gov

In short: The comment establishes that the agency's record fails to support the rescission of the Roadless Rule because the preamble concedes benefits are modest and budget-constrained, ignores serious reliance interests, and lacks quantified analyses of ignition risk, lifecycle road costs, and state-specific alternatives.

Scored directly — The comment's whole text was scored on its own.

Scorecard

Each dimension is scored 0–3; the eight sum to the substance score out of 24.

  • Specific placeNames a specific location — from a region down to an exact creek, trail, road, or map reference.
  • Local knowledgeDraws on a first-hand connection to the place — visits, sustained activity, occupation, or a professional role.
  • EA analysisEngages the agency's environmental analysis directly.
  • Analytical gapIdentifies something the analysis fails to address.
  • EvidenceBacks claims with specific facts, data, or research.
  • RequestMakes a specific, actionable request of the agency.
  • AlternativeProposes a different course of action.
  • LegalCites statutes, regulations, or legal obligations.

How hard it is to set aside

A1 strong: Must be answered — it names the law.

Owed an answer on Analytical gap, Alternative, Legal.

Standard dismissals it defeats

  • Already addressed The agency says its analysis already covers the point. Defeated when the comment cites the law itself: there is no analysis to cite against a statutory claim.
  • Misreads the proposal The agency says the comment misunderstands what is proposed. Defeated when the comment engages the proposal or a named place directly.
  • No cause and effect shown The agency says the comment asserts a harm without showing how the action causes it. Defeated when the comment shows the mechanism.
  • Outside the scope The agency says the comment asks about a different action. Defeated when the comment is specific and tied to this proposal.
  • Certified not substantive The agency certifies the comment raises nothing substantive. Defeated when the comment alleges illegality, which is substantive by the definition the certification runs on.

Still open to the agency

  • Alternative already eliminated The agency says it considered and eliminated the alternative the comment proposes, with a reason. Cannot be defeated from the comment text alone.
  • Deferred to a later decision The agency says the point belongs to a later, site-specific decision. Cannot be defeated from the comment text alone.
  • Not required The agency says the analysis the comment asks for is not required. Cannot be defeated from the comment text alone.
  • Preference noted The agency notes the comment as a statement of preference and takes no action on it. Cannot be defeated from the comment text alone.

Topics

  • Legal Regulatory Framework
    • “The preamble's own findings do not support the action”
    • “36 CFR 294.12(b) permits roads to protect public health and safety”
    • “An agency reversing longstanding policy must assess serious reliance interests”
    • “I request the No Action alternative, or a supplemental draft EIS”
  • Forest Management Wildfire
    • “The fire rationale does not match the geography”
    • “access can increase human-caused ignition potential”
    • “quantify change in ignition density, acres burned, and suppression cost”
    • “The Department reports WUI overlaps 9.8 million acres”
  • Economic Impact Fiscal
    • “The economics do not favor the action”
    • “count lifecycle cost of new permanent roads, capital plus perpetual maintenance”
    • “roughly offset by recreation losses”
    • “The 2001 Rule is fiscally conservative policy”
  • Water Quality Quantity
    • “include headwaters in the upper Skagit”
    • “Roads are the dominant sediment source and driver of mass wasting”
    • “quantify sediment delivery and culvert failure risk”
    • “overlying critical habitat for listed salmonids”

What it names

Law cited
36 CFR 294.12(b)5 U.S.C. 553

The comment

Shaded passages are the ones the analysis quoted as evidence for a dimension: Analytical gapEvidenceLegal

RIN 0596-AD66 | Docket FS-2025-0001 Born in Sheridan, Wyoming to a ranching family, raised in Colorado, property owner in Skagit County, Washington. Hunter, veteran, member of Backcountry Hunters & Anglers, Ducks Unlimited, and Washington Waterfowl Association. I oppose the rescission. I am not against roads or active management. My objection is that the preamble's own findings do not support the action. 1. THE PREAMBLE CONCEDES WHAT DEFEATS THE PURPOSE. At 91 FR 53829 the Department states opportunities would be "modest and localized" and that gains are "limited by road costs, maintenance funding gaps, and the $6.9 billion deferred maintenance backlog." I agree. If the constraint is budgetary, removing the regulation cannot produce the benefit. Request: show with funding and workforce analysis how rescission yields one additional treated acre. 2. THE AUTHORITY ALREADY EXISTS. 36 CFR 294.12(b) permits roads to protect public health and safety including imminent fire threat; 294.13 permits fuels cutting. That exceptions proved "limited and inconsistent due to associated reviews and approvals" describes a guidance problem, fixable by guidance. Request: analyze an alternative clarifying those sections while retaining Subpart B. 3. THE FIRE RATIONALE DOES NOT MATCH THE GEOGRAPHY. The Department reports WUI overlaps 9.8 million acres, 24 percent of affected roadless areas. Three-quarters is not community protection. Request: analyze in detail a WUI-bounded alternative removing the prohibitions only near at-risk communities and critical infrastructure. 4. IGNITION RISK IS CONCEDED BUT NOT QUANTIFIED. The Department acknowledges access "can increase human-caused ignition potential." Published analysis finds ignition density lowest in wilderness and roadless areas, highest near roads. An action justified as fire risk reduction that may increase ignitions requires a net-risk estimate. Request: quantify change in ignition density, acres burned, and suppression cost. 5. THE ECONOMICS DO NOT FAVOR THE ACTION. The Department estimates $5.2-11.4 million per year to the Treasury and Forest Service and $4.6-10.6 million to industry under a full-harvest scenario it concedes is unlikely, against roughly $6.1 million in annual recreation losses. The upper bound of an improbable case roughly equals the loss it creates, before maintenance liability. Request: count lifecycle cost of new permanent roads, capital plus perpetual maintenance, as a quantified cost. 6. RELIANCE INTERESTS. The Department invites comment on these but analyzes none. I bought property in Skagit County against a management baseline settled for 25 years. So did outfitters who built businesses on backcountry opportunity, and WDFW in setting seasons premised on existing security habitat. An agency reversing longstanding policy must assess serious reliance interests and explain why it discounts them. A solicitation is not an assessment. 7. ANALYZE A STATE-SPECIFIC ALTERNATIVE NOW. The Department preserves the Idaho and Colorado rules and invites petitions under 5 U.S.C. 553(e). I was raised in Colorado and know that country. It is a workable model, but it was built on top of an existing protection, not in the vacuum left by removing one. Idaho and Colorado negotiated from a protected baseline. Washington would petition only after protections are gone, bearing the burden of restoration rather than change. Request: analyze a state-specific alternative in detail, or explain why the tailored approach preserved in two states is unsuitable everywhere else. 8. RESOURCE EFFECTS NEED REAL SCALE. Washington's roadless areas, about 2.015 million acres or 22 percent of state national forest land, include headwaters in the upper Skagit and on the Olympic Peninsula overlying critical habitat for listed salmonids. Roads are the dominant sediment source and driver of mass wasting in this terrain. Request: quantify sediment delivery and culvert failure risk at the fifth-field watershed scale and confirm ESA Section 7 consultation status. Open road density is also among the best predictors of elk distribution and bull survival; with permanent road additions anticipated across 18.2 million acres, the effect on hunting opportunity is direct and foreseeable. Request: analyze against published road-density thresholds with state agency consultation on record. The 2001 Rule is fiscally conservative policy. It needs no appropriation and creates no recurring liability. The Department has told the public the benefits are modest, localized, limited by a $6.9 billion backlog, roughly offset by recreation losses, and possibly accompanied by more ignitions. That record does not support removing protection from 44.7 million acres. I request the No Action alternative, or a supplemental draft EIS analyzing the alternatives above with the missing reliance-interest and lifecycle-cost analyses. Burlington, Washington

Keep learning. Keep speaking up.The Roadless Rule depends on public engagement. Share what you've learned.

© 2026 roadless.org - Defending America's Last Wild Forests

Privacy Policy|Questions or concerns? noroads@roadless.org|Follow us: @defendroadless