In short: The comment establishes that the Draft EIS contains an unreconciled internal contradiction between its data showing lower wildfire ignition density in IRAs and its rationale for increasing road access, specifically failing to address the impact of road construction on Suckley’s Cuckoo Bumble Bee in the Bull Of The Woods IRA.
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
- Legal Regulatory Framework
- “inverts the ordinary burden of proof”
- “The agency cannot satisfy its analytical obligations”
- “Unreconciled Contradiction Between Road-Access Fire Rationale and IRA Ignition-Density Data”
- “consistent with APA 5 U.S.C. § 706(2)(A)”
- Wildlife Habitat
- “Suckley's Cuckoo Bumble Bee (Bombus suckleyi), ranked G2 by NatureServe and federally listed (PE)”
- “Road construction in Bull Of The Woods introduces sediment, alters hydrology, and delivers chemical contaminants to adjacent habitats”
- “The DEIS must address 7.1 - Fire & fire suppression as it affects Suckley's Cuckoo Bumble Bee”
- Forest Management Wildfire
- “Wildfire-ignition density was lowest in designated wilderness areas”
- “wildfire-ignition density decreased as distance to road increased”
- “whether more roads will instead push ignition density in currently roadless areas toward the higher rate already observed on roaded lands”
The comment
Shaded passages are the ones the analysis quoted as evidence for a dimension: Analytical gapEvidence