In short: The comment establishes that the agency's DEIS contains specific findings on bird abundance, habitat fragmentation, and elk survival that were not adequately weighed or projected in the analysis, and that the economic data in the record (showing minimal national production impact and high maintenance costs) contradicts the justification for rescinding the 2001 Roadless Area Conservation Rule.
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, Evidence.
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
- Wildlife Habitat
- “Migratory birds deserve continued and expected protection”
- “bird richness declines with road presence in forested habitat”
- “habitat fragmentation reduces biodiversity by 13 to 75 percent”
- “elk avoid roads and select unroaded habitat”
- 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”
- “road system already carrying a $6.9 billion maintenance backlog”
- “No honest reading of that range establishes a net benefit”
- Governance Policy Process
- “The agency should address its own prior finding that local decision-making can incrementally erode nationally significant roadless values”
- “explain how this proposal avoids the deficiencies the Ninth Circuit identified”
- “The agency must apply that cited range to the full acreage at stake before this proceeding closes”
- “explain, clearly, why its own record does not already require that conclusion”
What it names
- Works cited
- Kroeger et al. 2022
The comment
Shaded passages are the ones the analysis quoted as evidence for a dimension: Specific placeEA analysisAnalytical gapEvidenceRequest