Comment Analysis · Docket FS-2025-0001

FS-2025-0001-299127

Opposes rescissionA1 strongSubstance 16/24Owed an answerPosted September 1, 2026 On Regulations.gov

In short: The comment establishes that the Draft EIS contains an uncited 29 percent fire-ignition statistic that contradicts peer-reviewed data (Aplet et al. 2026) and presents internally inconsistent species counts (300 vs. 327), while documenting specific recreational and habitat values of roadless areas to support a request for a 120-day comment period extension.

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, Evidence, 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

Forest Management Wildfire
- “More roads mean more wildfires”
- “wildfires were four times as likely to start in areas with roads”
- “wildfire-ignition density near roads... far exceeds that in wilderness”
- “fire-risk rationale for rescission”
Wildlife Habitat
- “contain habitat for 57% of vulnerable terrestrial wildlife”
- “Roads fragment habitat and degrade migration corridors”
- “habitat for many imperiled species such as California condors, grizzly bears and wolves”
- “sustain wild salmon”
Recreation Tourism Public Use
- “protected roadless areas have offered abundant outdoor recreation opportunities”
- “millions of people take advantage of the free... access to these public lands”
- “roadless areas protect 11,337 climbing routes”
- “Large sections of the Continental Divide, Pacific Crest, and Appalachian National Trails traverse protected roadless areas”
Legal Regulatory Framework
- “Under Blue Mountains Biodiversity Project v. Blackwood... an agency may not rely on unsupported or unexamined scientific conclusions”
- “Under Native Ecosystems Council... agencies may not present inconsistent or unexplained figures”
- “I request the agency cite the source dataset”
- “extend the public comment period... from 32 days to at least 120 days”

What it names

Law cited: 161 F.3d 1208 161 F.3d 1208 428 F.3d 1233

The comment

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

Please do not rescind the Roadless Area Conservation Rule. More roads mean more wildfires. Research from The Wilderness Society, shows that from 1992-2024, wildfires were four times as likely to start in areas with roads than in roadless forest tracts. Another study showed that more than 90 percent of all wildfires nationwide occurred within half a mile of a road. The Draft EIS's fire-occurrence discussion states that IRA ignition density is "essentially equivalent to" wilderness and represents "less than one-third (29 percent) of the ignition density on other NFS lands," a finding that directly qualifies the fire-risk rationale for rescission discussed earlier in Common to All Alternatives, pp. 20-36. Yet the deterministic review confirms this specific 29 percent ratio is uncited nowhere in the document. This matters because an independent peer-reviewed source, Aplet et al. 2026, found wildfire-ignition density near roads (7.99 fires/1000 ha within 50 m) far exceeds that in wilderness (1.75) or Inventoried Roadless Areas (1.97) — evidence supporting, not undermining, the EIS's own uncited figure, yet never cited or reconciled by the agency. Under Blue Mountains Biodiversity Project v. Blackwood, 161 F.3d 1208 (9th Cir. 1998), an agency may not rely on unsupported or unexamined scientific conclusions. I request the agency cite the source dataset underlying the 29 percent figure, incorporate it explicitly into the Purpose and Need discussion, and address the Aplet et al. findings on the record. The Draft EIS's treatment of species affected by this rulemaking is internally inconsistent and should be corrected before the agency proceeds. The document states that "more than 300" threatened, endangered, or proposed species may be affected by the rulemaking, while separately disclosing that 327 species received "likely to adversely affect" determinations in the accompanying consultation documentation. If these figures describe the same universe of species, the rounded "more than 300" figure understates the agency's own count by dozens of species; if they describe different categories, the DEIS never says so. This matters given that at least ten times more species than are currently listed likely qualify for ESA protection, underscoring the need for precise, not approximate, species accounting. Under Native Ecosystems Council, 428 F.3d 1233, 1245 (9th Cir. 2005), agencies may not present inconsistent or unexplained figures on the very resource at issue. I request that the agency reconcile these numbers, clarify each figure's scope, and correct any error. I have hiked and camped in many forests and national parks for over 40 years, the forests are a treasure to our country and to the people and should be protected not destroyed. As a passionate hiker and wildlife enthusiast, I oppose the proposed rescission of the 2001 Roadless Area Conservation Rule. Even though roadless areas only make up 2% of land in the lower 48 states, they contain habitat for 57% of vulnerable terrestrial wildlife. As many as 414 plants and animals listed as endangered, threatened or proposed for listing under the Endangered Species Act have ranges that overlap with roadless areas. Because they are not fragmented by roads, these Roadless Areas provide habitat for many imperiled species such as California condors, grizzly bears and wolves in the Yellowstone area, native salmon and trout in the Pacific Northwest, migratory songbirds in the Appalachian hardwoods and more. They also sustain wild salmon, especially in Alaska where they are the lifeblood for both the fishing industry and traditional subsistence practices of Indigenous communities.  Roads fragment habitat and degrade migration corridors that game species like elk and mule deer rely on. Protected roadless areas help ensure these migratory game corridors remain intact and protected from roads and the industrial development roads enable. Since 2001, protected roadless areas have offered abundant outdoor recreation opportunities such as hunting, fishing, camping or other activities. Every year, millions of people take advantage of the free (or extremely affordable) access to these public lands. According to maps from Outdoor Alliance’s GIS Lab, roadless areas protect 11,337 climbing routes and boulder problems, more than 1,000 whitewater paddling runs, 43,826 miles of trail, and 20,298 mountain biking trails. Large sections of the Continental Divide, Pacific Crest, and Appalachian National Trails traverse protected roadless areas. I also urge you to extend the public comment period on the proposed rescission of the Roadless Rule from 32 days to at least 120 days, as is customary for a decision of this magnitude. Nicole Kentucky