Comment Analysis · Docket FS-2025-0001

FS-2025-0001-345973

Opposes rescissionA1 strongSubstance 13/24Owed an answerPosted September 12, 2026 On Regulations.gov

In short: The comment documents that the agency's proposal to rescind the Roadless Area Conservation Rule fails to reconcile its own prior findings on wildfire risk and economic costs, and lacks a clear legal basis to overturn the Tenth Circuit's validation of the 2001 rule under the Organic Act and Multiple-Use Sustained-Yield Act.

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, 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

  • Recreation Tourism Public Use
    • “Thru-hiking the entire Continental Divide Trail changed my life”
    • “Hunting means recreating on our public land”
    • “Public lands are an amazing way to calm the mind”
    • “Opening these areas to roads ends that”
  • Water Quality Quantity
    • “headwaters to the Colorado River”
    • “supplies water to 40 million people”
    • “explain clearly what this proposal does to that water supply”
    • “325 municipal water intakes sit in watersheds containing affected roadless areas”
  • Forest Management Wildfire
    • “human-caused wildland fire is nearly five times more likely to occur on essentially roaded lands”
    • “reports far higher fire density on roaded land than inside the affected roadless areas”
    • “reconcile the rescission with the ignition data”
    • “Building a road into a forest at high risk from uncharacteristic wildfire effects could increase the incidence of human-caused fires”
  • Legal Regulatory Framework
    • “Ninth Circuit identified serious deficiencies in that approach”
    • “constitutional and procedural deficiencies the courts identified”
    • “Tenth Circuit addressed that directly”
    • “held the 2001 rule was within authority Congress granted”

What it names

National Forests
White River National Forest
Roadless areas
Deep CreekRocky Mountain
Law cited
28 U.S.C. Section 1291

The comment

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

Re: Rescission of the Roadless Area Conservation Rule, Docket FS-2025-0001 Thru-hiking the entire Continental Divide Trail changed my life. Over 100+ days on trail, I moved through some of the most intact wild country left in this nation. Repealing the 2001 Roadless Area Conservation Rule affects roughly 376 miles of the CDT, and that is unacceptable. The lands and trails were protected for a reason. They are beautiful for our country, and I am asking this agency to defend that protection, not dismantle it. I am also learning to hunt with my partner, who has hunted his entire life. Hunting means recreating on our public land, spending quality time together, and putting food on our family's table. The roadless areas of the White River National Forest, including Grizzly Creek at 6,612 acres, Deep Creek at 9,876 acres, Sweetwater A at 11,931 acres, and the others I have identified in this docket, are the kind of country those pursuits depend on. I also bike all over Colorado, including permitted areas within public lands. Public lands are an amazing way to calm the mind, exercise our bodies, and refresh our minds for the upcoming work week. Opening these areas to roads ends that. The White River is the most visited national forest in Colorado and holds 90 inventoried roadless areas totaling 639,604 acres. It is headwaters to the Colorado River, which supplies water to 40 million people in seven states and Mexico. I want the agency to explain clearly what this proposal does to that water supply and to those 90 areas. The agency justifies rescission partly on wildfire and fuels management grounds. Its own prior record states: "Building a road into a forest at high risk from uncharacteristic wildfire effects could increase the incidence of human-caused fires. A human-caused wildland fire is nearly five times more likely to occur on essentially roaded lands than on essentially unroaded lands." The proposal does not reconcile that finding with its current reasoning. I ask that the agency explain why the proposal departs from its own prior findings on fire occurrence, and that it reconcile the rescission with the ignition data in its own draft environmental impact statement, which reports far higher fire density on roaded land than inside the affected roadless areas. The economic case for rescission does not hold up either. The agency's own record states: "the total timber volume affected by this rule is less than 0.5 percent of total United States production, and the total oil and gas production from all National Forest System lands is currently about 0.4 percent of the current national production." The agency's own Cost Benefit Analysis projects $5.2 to $11.4 million a year in timber revenue against recreation losses of at least $6.1 million a year, with a net present value spanning -$92 million to +$199 million. That range cannot establish a net benefit. The road system the agency already maintains carries a $6.9 billion maintenance backlog. The agency must reconcile this proposal with those numbers. The proposal argues that state-specific approaches can replace a national rule. The agency attempted exactly that before. The Ninth Circuit identified serious deficiencies in that approach, including the finding that local decision-making can incrementally reduce nationally significant roadless values. Rather than reproduce the language the agency used to describe its own dissatisfaction with the 2001 rule's approach, I raise the substance directly: the agency has not explained how this proposal avoids the same constitutional and procedural deficiencies the courts identified the last time it tried to substitute state-by-state management for a uniform national standard. I ask that the agency answer that question in this record. Finally, the proposal questions whether the 2001 rule was within the agency's statutory authority. The Tenth Circuit addressed that directly: "Exercising jurisdiction pursuant to 28 U.S.C. Section 1291, we REVERSE the district court's order granting Plaintiffs declaratory relief and issuing a permanent injunction, and REMAND the case for the district court to vacate the permanent injunction." The court held the 2001 rule was within authority Congress granted under the Organic Act and the Multiple-Use Sustained-Yield Act and did not create de facto wilderness. The agency owes this record a clear explanation of what legal basis supports a contrary position today. Colorado's 326 inventoried roadless areas total 4,407,277 acres. Across the Rocky Mountain region, 325 municipal water intakes sit in watersheds containing affected roadless areas. I understand that Colorado's areas are governed by the 2012 Colorado Roadless Rule, which this proposal retains. What the agency has not answered plainly is what, if anything, changes in the management of those areas as a practical matter. That question deserves a direct answer here. Sincerely, Meghan Hill Avon, Colorado

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