Comment Analysis · Docket FS-2025-0001

FS-2025-0001-603538

Opposes rescissionA1 strongSubstance 15/24Owed an answerPosted October 7, 2026 On Regulations.gov

In short: The comment documents specific deficiencies in the agency's analysis regarding wildfire ignition data, economic cost-benefit figures, and watershed integrity, while citing specific legal precedents and record citations to challenge the rescission of the 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

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

  • Wildlife Habitat
    • “Ninety-three percent of Colorado's residents watch wildlife”
    • “abundant, healthy, well-managed wildlife populations improve quality of life”
    • “high mountain tundra is easily damaged by vehicle traffic”
  • Water Quality Quantity
    • “headwaters of drainages that supply clean water downstream”
    • “325 municipal water intakes sit in watersheds containing affected roadless areas”
    • “integrity of those watersheds”
  • Forest Management Wildfire
    • “Building a road into a forest at high risk from uncharacteristic wildfire effects could increase the incidence of human-caused fires”
    • “human-caused wildland fire is nearly five times more likely to occur on essentially roaded lands”
    • “ignition data in its own DEIS”
  • Legal Regulatory Framework
    • “state-by-state approach that replaced the national rule was struck down”
    • “Tenth Circuit has already spoken”
    • “held the 2001 rule was within the authority Congress granted”

What it names

National Forests
Rio Grande National Forest
Roadless areas
Rocky Mountain
Law cited
28 U.S.C. Section 1291

The comment

Shaded passages are the ones the analysis quoted as evidence for a dimension: Specific placeLocal knowledgeAnalytical gapRequestLegal

Re: Rescission of the Roadless Area Conservation Rule, Docket FS-2025-0001 Colorado holds 4,407,277 acres across 326 inventoried roadless areas, and the people of this state have made clear what those landscapes mean to them. Ninety-three percent of Colorado's residents watch wildlife, most of them every day. They understand that abundant, healthy, well-managed wildlife populations improve quality of life, and that well-planned conservation and protection of natural resources makes Colorado a great place to live, work, and recreate. I share that view, and it is the foundation of this comment opposing the proposed rescission of the 2001 Roadless Area Conservation Rule. The Pike-San Isabel National Forest holds two of the roadless areas I am writing through: Old Monarch Pass, at 19,531 acres, and Porphyry Peak, at 3,394 acres. Old Monarch Pass already provides access through a backcountry road experience. Another road would not provide a different experience, and the case for protecting the Pike-San Isabel from unnecessary development does not require elaboration beyond that. At Porphyry Peak, Colorado's high mountain tundra is easily damaged by vehicle traffic across sensitive tundra plants, and off-roaders in this state already have a wealth of places to pursue motorized activities. The 3,613-acre Dorsey Creek area in the Rio Grande National Forest sits at the headwaters of drainages that supply clean water downstream. Colorado is the headwaters for much of the nation, and clean, clear streams like Dorsey Creek provide a resource we simply cannot live without. Across the Rocky Mountain region, 325 municipal water intakes sit in watersheds containing affected roadless areas. The agency must explain, specifically and directly, what this rescission means for the integrity of those watersheds and what substitute protections, if any, it proposes. The agency's own language undermines its stated justification on wildfire. The 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." I ask the agency to explain why the proposal departs from that prior finding, and to reconcile the rescission with the ignition data in its own DEIS, which reports far higher fire density on roaded land than inside the affected roadless areas. The economic case for rescission is equally difficult to sustain on the agency's own numbers. The record acknowledges: "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 to the Forest Service against recreation losses of at least $6.1 million a year, with a net present value spanning -$92 million to +$199 million, all while the existing road system carries a $6.9 billion maintenance backlog. The agency must reconcile the proposal with those figures and explain how expanding a system it cannot afford to maintain serves the public interest. The legal history here is not favorable to rescission either. The agency's own record recounts that "the USDA discussed its dissatisfaction with the Roadless Rule and highlighted its rejection of the Roadless Rule's 'inflexible one-size-fits-all nationwide rulemaking approach.' 70 Fed.Reg. at 25,656." That dissatisfaction was tested in court, and the state-by-state approach that replaced the national rule was struck down. The agency must address its own prior finding that local decision-making can incrementally erode nationally significant roadless values, and explain how this proposal avoids the deficiencies the Ninth Circuit identified the last time this substitution was attempted. On the question of statutory authority, the Tenth Circuit has already spoken: "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." That court held the 2001 rule was within the authority Congress granted and did not create de facto wilderness. The agency must explain the legal basis for any contrary position. We don't need more roads. We need more Wilderness. The agency should respond to each of the concerns raised here and place those responses in the public record before any final action is taken. Sincerely, John Koshak Penrose, CO

Keep learning. Keep speaking up.The Roadless Rule depends on public engagement. Share what you've learned.

© 2026 roadless.org - Defending America's Last Wild Forests

Privacy Policy|Questions or concerns? noroads@roadless.org|Follow us: @defendroadless