In short: The comment places on the record specific deficiencies in the agency's Cost Benefit Analysis regarding net benefit calculations, the lack of quantification for sediment impacts on municipal water intakes, and the failure to identify administrative burdens outside existing rule exceptions.
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
A2 moderate: Hard to dismiss — it shows cause and effect.
Owed an answer on Analytical gap.
Standard dismissals it defeats
- 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.
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.
- 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.
- 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.
- 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.
Topics
- Economic Impact Fiscal
- “total timber volume affected by this rule is less than 0.5 percent of total United States production”
- “recreation losses of at least $6.1 million a year”
- “net present value ranging from -$92 million to +$199 million”
- “road system the agency would expand already carries a $6.9 billion maintenance backlog”
- Legal Regulatory Framework
- “courts rejected that approach”
- “Ninth Circuit found the state-by-state substitute deficient”
- “rule generally banned road building subject to limited exceptions”
- “Exceptions for existing mineral leases and community wildfire protection are similarly present in the rule”
- Water Quality Quantity
- “skid roads, trails, log landings and similar disturbances within timber sale areas are the main cause of soil erosion”
- “can contribute up to 90 percent of the sediment generated by timber sale activity”
- “More than 7,000 municipal water intakes lie downstream of these areas”
- “quantify what increased sediment loading those intakes would face”
- Environmental Protection Biodiversity
- “Gila Wilderness is not much farther”
- “These areas were set aside long ago for a reason”
- “protect nationally significant roadless values”
- “The Gila is a true national treasure”
The comment
Shaded passages are the ones the analysis quoted as evidence for a dimension: Analytical gapEvidenceRequest