Organized Village of Kake v. United States Department of Agriculture

CHRISTEN, Circuit Judge, with whom THOMAS, Chief Circuit Judge, joins,

concurring:

As the court’s opinion recognizes, the Tongass is vitally important to Southeast Alaska. The court is equally express in acknowledging that changes .of administration can indeed have consequences. Neither of these points is in dispute.

This case is unique because no new facts were presented between the'time the Department of Agriculture adopted the Road-less Rule in 2001 and the time it reversed its decision in 2003. The outcome of the case pivots on the undeniable: the 2003 *971decision was contradicted by the…