In short: The comment documents specific deficiencies in the agency's analysis of the 2001 Roadless Rule rescission, including the failure to address prior circuit court holdings on statutory authority, the lack of quantified burden analysis beyond existing regulatory exceptions, the methodological flaw in the regulatory flexibility certification regarding small entities, and the failure to weigh reliance interests as invited by the proposal.
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
- “That claim was already litigated. A federal court of appeals addressed it directly and held otherwise”
- “The agency must explain on the record the basis for any contrary legal position it now intends to assert”
- “Under settled administrative law, an agency changing an existing policy must assess the reliance interests its prior rule created”
- “The agency should withdraw the certification and conduct a proper assessment”
- Water Quality Quantity
- “1,034 municipal water intakes sit in watersheds containing affected roadless areas”
- “Rescinding the rule puts all of that at risk”
- Environmental Protection Biodiversity
- “represent the kind of unroaded California landscape that the 2001 rule was written to protect”
- “California holds 381 inventoried roadless areas totaling 4,389,760 acres”
- “places whose roadless character I have relied on the 2001 rule to preserve”
- Recreation Tourism Public Use
- “DEIS names outfitters, guides, and tour operators as affected”
- “Cost Benefit Analysis books lost recreation benefit at a minimum of $6.1 million a year”
- “outfitters and guides who actually hold permits in areas like Santa Cruz, Condor Point, and Diablo”
The comment
Shaded passages are the ones the analysis quoted as evidence for a dimension: Specific placeLocal knowledgeEA analysisAnalytical gapEvidenceRequest