More Stories- NY Times and Courthouse News Service

This story is from the NY Times/Greenwire. It’s well thought out and touches on some topics that other news stories did not.

Here are a couple of quotes:

Forest Service officials say they want the rule to provide flexibility to account for varying local conditions. What is best for a forest in Alaska, for example, is likely to be different from what is needed in a Florida forest. They also want to make sure the new rule is simple enough that it can be easily implemented. One of the complaints from forest managers about the 1982 rule is that it was too complex, and the planning process takes too long as a result.

But Francis says simplicity should not come at the expense of effectiveness.

“It could be complicated, because we’re heading into somewhat unchartered waters, and we don’t know how climate change is going to affect things,” he said. “So you need the transparency and the accountability that we’re going to move in those directions [put forth in the rule]. That’s what the forest needs. Just because it’s hard and will require some tough decisions doesn’t mean we shouldn’t do it.”

and this..

Karen Hardigg, forest program manager for the Wilderness Society in Alaska, said if Tongass managers incorporate the new planning rule’s objectives into the forest’s management plan, it could help accelerate a shift away from old-growth logging to a more restoration-based economy.

“The emphasis on restoration and resiliency, on climate change, on collaboration — getting to shared priority-setting and preventing conflict — that could all be especially beneficial in southeast Alaska,” she said.

But like Francis, Hardigg believes the new rule leaves too much up to local forest managers. “We would have liked to have seen more solid direction. A little more teeth,” she said.

and

Its protections for wildlife are pretty weak,” said Jane Danowitz, public lands director for the Pew Environment Group. “There are some good aspects to the rule, but when it comes to a couple of key protections [for] wildlife and watersheds, they’re not strong and they tend to be left up to the discretion” of local forest managers, she added.

Michael Francis, national forest program director for the Wilderness Society says the new rule has a lot of good provisions, although he finds it long on vision but short on direction.

I wish the author of the piece has pressed those quoted to be more specific about what they wanted that they didn’t get. Those of us who are outside those “inside the Beltway” discussions would like to know. Is it as simple as “viability should be for all vertebrate species, and we don’t think the requirement for “maintaining or restoring ecosystem composition, structure and function” covers it because ____________”(fill in the blanks)?. Or do they actually want national standards of some kind?

Just as I was considering this, I found this story from the Courthouse News Service that indeed had more specifics.

“The administration appears to be looking to do the bare minimum for wildlife,” Defenders of Wildlife president Rodger Schlickeisen said in a statement.
The group, which was party to the lawsuits resulting in the California rulings, wanted the species viability standard reinstated and clear requirements for species monitoring.
Instead, the new rule eliminates use of management indicator species, and failed to include the species viability standard.
Earthjustice criticized the rule for lacking specific guidelines to protect streams and watersheds.
Environmentalists across the board say the rule gives agency managers too much leeway.
Marc Fink, senior attorney with the Center for Biological Diversity – also a party in both California lawsuits – said the new plan eschews the viability requirement for a longer process in which forest supervisors determine species of concern.
Fink added that a new pre-decision objection process reduces public involvement and is step in the wrong direction.
“We’re concerned it would leave too much discretion to the forest service,” Fink said in an interview.

Fink thinks the Obama administration simply did not make the forest plan a priority, and instead of clamping down to assure specific protections, gave way for the agency to seek greater autonomy.
The Forest Service said the new plan’s flexible processes should reduce litigation. “We want to spend less time in the courts and more time in the forests,” Agriculture Secretary Tom Vilsack said at a press conference.
The Associated Press reported that lawsuits to protect habitat for threatened and endangered species in past decades have slashed logging in National Forests by three-quarters from its peak.
But it’s false to assert that environmental litigation against logging projects is tying up taxpayer resources, Fink said.
“The data just doesn’t back them up,” Fink said, adding that only a small percentage of projects are litigated.
A Government Accountability Office report in 2010 found that only 2 percent of Forest Service fuel-reduction decisions end up in court. They are called “fuel-reduction” projects because their ostensible purpose is to reduce the threat of catastrophic wildfire.
But many environmentalists view that as a cover. They point out that if fuel reduction were truly the purpose, the projects would focus on brush and small trees, and not on mature trees that are valuable as timber.
Problems with the projects justified the challenges, Fink said, adding that legal victories have proven that the Forest Service historically abused its discretion.
“We need these meaningful sideboards and constraints so the public can act as watchdogs,” Fink said.
Although the Forest Service’s plan also emphasizes multiple uses, including recreation and resource use, preservation is intended to be its core.
“The heart of this planning rule is the requirement that we maintain and restore our forests,” USDA Undersecretary Harris Sherman said at the press conference.
There are plenty of good intentions in the regulations, Fink said, including a mention of climate change for the first time.
“But when you chip away the nice-sounding language, get to the shalls and shall nots, there’s not much left,” Fink said.
The public comment period for the plan ends in May; a final rule is expected around the end of the year.
If the Forest Service does not improve its draft rule, a legal challenge is “highly likely,” Fink said.

I guess as I go to my next litigation phone call, I’ll have to remember that my and my colleagues’ time (plus OGC, plus DOJ, plus the folks on the forest preparing the record) must not be defined as “taxpayer resources” because the GAO found that lawsuits are only filed on a small percentage of all projects.

Also, who knew that objections “reduced public involvement.” It seems like they increase public involvement because you end up talking to the objectors as well as others. What kind of “public involvement” is sending an appeal to DC for review, compared to sitting with the decisionmaker, their boss, and members of the public who are interested, to describe your concerns?

Also, the way to win friends and influence people is generally not considered to be threatening lawsuits if you don’t get your way. Just sayin’

On Storms, Warming, Caveats and the Front Page- by Andrew Revkin

I thought this was a great piece by Andrew Revkin on the cultural differences between scientific journals and communication to the press and the public. This is relevant to our world, as well as the world of climate change (yes, we are a part of that world). it is particularly relevant to those scientific disciplines which depend on models more than direct empirical observation.

Here’s some more on this on the Roger Pielke, Jr. blog.

Now’s the time to comment . . . not

SECOND UPDATE — The FS planning blog is working now.

UPDATE — The FS’s planning rule blog appears to be back on-line. Peter Williams ([email protected]) is moderating it. Still no comments from anyone on the new rule.

Thursday, 2/10, saw the Forest Service unroll its proposed new forest planning rule. The rule’s unveiling was featured on the FS’s homepage. Media from coast-to-coast covered the event. And the public was invited to comment on the new rule, including on the planning rule blog.

Previous blog posts had received anywhere from several to several dozen comments, so I expected the rule’s release to stimulate some vigorous debate.

By Tuesday, 2/15, not a single comment had been posted on the FS’s blog. What’s up with that, I wondered? So I posted a comment (well, re-posted something cynical I had already placed here).

Now I know the FS moderates its blog, just as NCFP does. But by day’s end, nothing had appeared. So I emailed the blog moderator. Got the following response:

I will be out of the office starting 02/13/2011 and will not return until
08/15/2011.

I’m on detail to CEQ through mid August. If you have questions about the
planning rule please contact Megan Wertz ([email protected]), Linda
Parker ([email protected]) or Martha Twarkins ([email protected]).

We really do want your comments . . . we’re just not home to receive them.

Mark Squillace Reviews Draft Rule

Mark Squillace, Director of the Natural Resources Law Center at the University of Colorado in Boulder, is quick out of the gate with a review of the draft rule:

http://rlch.org/blog/2011/14/2/first-look-draft-forest-planning-rules

If filmed, the Squillace trailer/teaser would begin with the voice of James Earl Jones:  He sees “much to like about the new draft rules,” but notes that “there is also cause for concern.”

What’s Goin’ On with the Planning Rule- Q’s in need of A’s

I have spent the weekend dealing with leadership issues in one of my volunteer organizations…so have been slow to respond to blog comments. I’m sure I’ll have something thoughtful to say about this experience, when it’s over, if it ever is…


Anyway, here’s a question from Bob Berwyn, editor of Summit County Citizen’s Voice and photographer par excellence. The photo above is his work.
IMHO we ought to be able to explain to a member of the public who is not a planning wonk “what’s goin’ on”.

Here’s the classic Marvin Gaye version of “What’s Goin’ On” for those of you for whom this reference seems unfamiliar.

Almost at the same time that I read the Forest Service press releases about the new draft forest planning rule, and even before I had a chance to click on all the links, I also had a couple of press releases from conservation and wildlife advocacy groups in my inbox, decrying the new rule as less protective of wildlife.

Sometimes, in my haste to “scoop” the local print newspaper, I rush into posting stories, using such press releases, combined with some of my own contextual understanding of the issue, to try and create something interesting for readers. I was tempted to do the same late last week, but decided against it. Instead, I posted a straightforward story about the release, along with the YouTube video (here it is,SF) , and the links straight off the Forest Service planning rule page, along with letting readers know that this is the start of another important public comment period and that there will be a meeting in Lakewood.

I figure there will be plenty of time to follow up and take a closer look at some of the particulars of the plan.

I did have a long conversation/interview with Andy Stahl, someone I’ve learned to trust over the years, knowing that he speaks from the watchdog perspective. I asked him what was different in this rule, and he zoomed in on the same issue – wildlife viability.

What I gathered from the combination of the press releases and the interview is that the new rule requires the Forest Service to carefully consider impacts to species listed as threatened or endangered, and to species of concern, but that it leaves a lot of loopholes (my word, not his) with regard to other species, or “common” species, as was posted here.

According to Andy, the 1982 version had a simple requirement to maintain the viability of all species. The new rule instead, sets a very high threshold … and relieves the Forest Service of any affirmative need to show that protection.

Andy brought the spotted owl into play and said that, ever since the spotted owl decision, the Forest Service has been trying to chip away at the viability provision.

So Friday, I tried to call the national Forest Service HQ to get some perspective from a Forest Service biologist. Couldn’t reach anyone in time, so Sharon suggested posing the question here on NCFP.

What I want is a FS biologist to explain how this new rule would be applied on the ground to protect viability of all species. I’m assuming it’s in the monitoring and assessment process, but what do I know?

I know there’s a lot more to the rule than this, but that’s what the conservation groups and wildlife advocates seem to be focusing on — Why is that?

Second question: How exactly does this rule give local forest officials more control? Can someone explain how the old rule was more centralized in Washington, D.C., as written in the Washington Post story?

Any feedback to help me explain all this my readers would be appreciated!

New Planning Rule Fails as Adaptive Management

What is a forest plan? A committee of scientists once said that a forest plan is simply a loose-leaf compendium of all decisions large and small that affect the administration of a national forest. Following adaptive management principles and practices, “decisions” can and are made at multiple scales: international, national whether or not made by the US Forest Service, regional and local. So too with assessments, and monitoring and evaluation measures. All these are the workings of adaptive management (pdf), not planning . The whole of the Forest Service ought to be charged to work together to accomplish broad conservation, preservation, and use goals through adaptive management. Framing needs to be changed to do this. A central planning frame has failed for 30 years. Why continue down this path?

In an adaptive management frame, forest supervisors oversee the day-to-day workings of a national forest administrative unit. But decisions affecting that unit are made in various ways at various scales, whether as part of laws, policies, programs, or activities. There are no administrative “kings” in this worldview. Instead we have various actors, some within the Forest Service and some without, working in interrelated systems that frame the workings of a national forest. We have whole organizations working together to accomplish the work of adaptive management. The task is not left to “planning.”

Now let’s begin to parse the most recent “proposed rule” for developing a forest plan. Note first that the three levels of administrative decision-making outlined in the proposed rule — national, forest, project or activity — don’t fit the adaptive management model outlined above. Why does the Forest Service continue to pretend that managing a national forest comes down to three levels of decision-making? I can see no reason, beyond tradition for maintaining this hierarchy. Can you?

If the Forest Service is incapable of understanding adaptive management, is there any hope in trying to fit adaptive management into the Forest Service culture? After thirty years watching and attempting to participate in rule development for the RPA/NFMA I am once-again left to doubt whether any progress can be made.

Adaptive management is about organizations learning to adapt to ever changing environmental and social systems. Adaptive management is not about “planning.”

Perhaps I’m too old to dabble in this stuff anymore. Perhaps the “devil in the details” ought to be left to those younger. But I believe I’ve seen this same rhetoric before — since 1979 — and it appears, broadly speaking, pretty much the same to me. The Wilderness Society gives the proposed rule a B. I give it, once again, an F. The Forest Service simply doesn’t get adaptive management. The F is for failing to adequately frame the process, for “frame blindness” and other decision traps.

If I were a forest supervisor I would feel victimized by this (and earlier “planning rules”). Forest supervisors are asked to act as “forest kings,” not forest administrators. The Washington Office of the Forest Service does a disservice to both forest supervisors and regional foresters, as well as many in the so-called “staff” program areas of the Forest Service by continuing this tradition of laying it all at the feet of forest supervisors. We might as well call them “forest scapegoats” if this tradition continues. The Forest Service seems intent to continue its 30-year tradition of gridlock unless and until there is an awakening.

I will not comment here on the many process failings leading up to this proposed rule. I’ve done it before. Suffice it to say, despite many pleadings, the Forest Service once again gathered some input in the early stages, then went into the isolation booth to hatch a rule. It should surprise no one that it closely resembles earlier rules. No “real” blogs, no wikis, no true collaboration in rule development. Why not? Other government organizations use them. What we got instead was administrative politics as usual, with associated administrative gridlock.

It is likely too late to change this rule. Despite billing it as Draft, we all know that only minor tweaking will be allowed between Draft and Final Rule. It would be refreshing for the Forest Service to admit that it botched this effort. But American politics will not allow it. Too bad! Peter Drucker once remarked that one key measure of the worth of a decision is how rapidly it can be changed in light of new information. Would that the Forest Service could “see the light,” and change this rule.

A Hoot and a Half

After all this confusion on various approaches to viability, it seems like a breath of fresh air to go back to ESA..

See this AP story on the spotted owl here,

“Plan to save spotted owl could be double-barreled”

Here are my two favorite quotes:

Dominick DellaSala, chief scientist for the conservation group GEOS Institute, said it was about much more than the owl.

“We are talking about an ecosystem that is unraveling from too much logging in the past,” said DellaSala. “We may not have saved enough of the ecosystem.”

How would you know when enough is “saved”? And how do you figure the “ecosystem” is “unraveling” from a change from one species to another? Seems like a hoot-o-centric posture. Based on the same logic, I guess that since Eastern Seaboard has lost the chestnut species and it has been replaced by others, those ecosystems must have already “unraveled.”

And..

Forsman said it would be incredibly difficult and expensive to try to kill all the barred owls, and raises a host of ethical questions because no one is sure whether their migration was natural or the result of human actions.

It seems to me it’s a problem if the ethics of killing them depends on how their ancestors got there, because it is likely that it is partially due to natural and human factors, and we will never know the percentage for sure. With climate change a lot more creatures are likely to be in new places (or places they have been in the past, but not recently). Some of them will outcompete endangered species. I think we have to consider the investments to do these things, such as kill species that are successful, and ask whether there might be other investments that would be better for the good of the environment (biomimicry beaver dams? Everyone probably has a favorite..)

Forest Service “Takes Control” or “Flexible Plans for Resilient Forests”

This one from the Huffington Post

In its first sentence this article asserts that the point of the planning rule was to “take more control over the forests”; “hoping to break a legal logjam that has stymied logging”.

I would assert that that we are doing just fine, thank you, with the natural process of coevolution of litigation and agency response. I would argue that the reason for a new rule is:

That the case law around the 1982 rule has become obtuse and unworkable; that timber is no longer a big deal and should be treated as such; that a new rule should take into account the success of place- based collaboration and advisory committees; form a structure for adaptive management; and be cognizant that with the plethora of assessments (state assessments, vulnerability assessments, species assessments) that there is little that is going unassessed and that assessments have a shelf-life. I also agree with Andy that we have plenty of other layers of decisions now, such as oil and gas leasing decisions and travel management, that a forest plan no longer needs to be the comprehensive as it used to be. Monitoring and changing through a formal power-sharing arrangement with an advisory committee of some kind would be so much more 21st century.

As regular readers know, I am a biologist by education and most of my career, and so this quote was interesting:

“This flies in the face of the principal that has been in place, that the Forest Service’s job is to keep common species common,” said Rodger Schlickeisen, president of Defenders of Wildlife.

If a species is common, it is hard for me to imagine that any project that crosses my desk, or the sum of all these projects, could actually have an impact.

Forest Service Revising Rules In Bid For More Control

GRANTS PASS, Ore. — Hoping to break a legal logjam that has stymied logging as well as ecosystem restoration, the U.S. Forest Service said Thursday it was revising its planning rules to take more control over national forests and find more common ground between industry and conservation groups.

The old rules, dating back to the Reagan administration, designated certain animal species that must be protected to assure ecosystems are healthy. However, the system became the basis of numerous lawsuits that sharply cut back logging to protect habitat for fish and wildlife.

The new rules call for monitoring a broader range of species, including plants, while giving forest supervisors greater discretion to decide what science to apply and which species to protect, depending on local conditions.

Agriculture Secretary Tom Vilsack said from Washington, D.C., that it’s in everyone’s best interest to have forests that stay healthy amid climate change and economic demands.

“Rather than responding to the political pressure of the time, it would be much better to say to the scientists, ‘What is the best way to make this forest the most resilient it can be,'” Vilsack told The Associated Press.

The conservation group that forced the revision by persuading a federal judge to throw out the last one said the proposal represents a dangerous rollback of mandatory protections and gives too much discretion to forest supervisors.

“This flies in the face of the principal that has been in place, that the Forest Service’s job is to keep common species common,” said Rodger Schlickeisen, president of Defenders of Wildlife.

The 155 national forests and grasslands managed by the agency cover 193 million acres in 42 states and Puerto Rico. Balance between industry and conservation in those areas has been tough to find since the existing rules went into effect in 1982.

One revision of the rules by the Clinton administration and two by the Bush administration were thrown out by federal courts.

Here’s a piece from

Feds Propose Flexible Plans for Resilient Forests

Feds Propose Flexible Plans for Resilient Forests

With climate change posing new threats—more frequent forest fires, for example, and plagues of tree-killing beetles—the U.S. Forest Service is proposing to change the way it makes its management plans for national forests. The goal is to dramatically speed up the 5- to 8-year process, which is currently governed by a 1982 rule that officials describe as expensive and inefficient. The proposed draft, released yesterday, emphasizes the use of scientific evidence in creating management plans, as well as restoring forests so that they are resilient to pests and other stresses. “It’s very important that we get this [natural] system into a healthy state as quickly as possible,” says forest ecologist William Wallace Covington of Northern Arizona University in Flagstaff, who thinks the changes would be a positive step.

Not all environmental groups agree. Some do not like the latitude given to local supervisors of forests. But Covington says what’s important is allowing supervisors to take actions, such as thinning forests, that will make the overall habitat more healthy. The Forest Service is taking public comments for 90 days.

More News Stories on the Planning Rule

Here’s one from the Washington Post.

Here’s one from the Denver Post.

New federal management plan focuses on forest health

Obama administration officials on Thursday unveiled a sweeping new framework for managing national forests, saying “multiple uses” can continue but the priority must be improving forest health and resilience.

In Colorado, for example, they want fewer forests dominated by same-species, same-age trees. These are more vulnerable to the beetles that in recent years have ravaged more than 4 million acres in the Rocky Mountain region. The officials say they are aiming for greater diversity.

The nationwide “planning rules” announced by Agriculture Secretary Tom Vilsack replace rules developed 30 years ago that became cumbersome as forest managers tried to balance extractive industry interests with recreation and protection of water resources.

“This is a recognition that all of these uses are important,” Vilsack said in a conference call with reporters.

Forest managers now must figure out “how they can work together, not only to improve the resilience and health of the forests but the economies of the communities that surround the forests,” he said.

Conservationists were scrutinizing a 97-page draft document that lays out the administration’s approach.

Forest Service overseers seem to be “heading in the right direction,” said Mike Francis, director of forest programs for the Wilderness Society, a national advocacy group. “We are encouraged.”

Some are concerned that the national rules leave too much discretion in the hands of regional bureaucrats. The Wilderness Society will be working “to set some definitive standards that would lock in the direction they are going,” Francis said.

U.S. Rep. Jared Polis, a Democrat whose Colorado district includes forest land between Boulder and Aspen, said the new rules provide a better framework for local forest management planning. “Each individual forest will need to make informed and sometimes hard decisions,” he said.

The new planning rules guide the regulation of all activities on 193 million acres across 44 states, divided into 155 forest and grassland management units.

U.S. Forest Service land serves as the source of drinking water for 124 million Americans, including residents of Denver and other cities. Forests also are crucial for wildlife.

But pressures from climate change and energy development have presented challenges.

“Our natural ecosystems are only going to provide for us to the extent that they are healthy. National forest management, more than anything else, determines whether our forests are healthy,” said Rodger Schlickeisen, president of Defenders of Wildlife, a conservation group that successfully sued the Bush administration for failing to protect forests as required.

Courts ruled against the Bush administration’s approach. Obama administration officials decided not to appeal those rulings, which pleased environmental groups. Over the past two years, Obama officials have been developing their own rules.

In Colorado, the Forest Service owns 11.3 million acres, about 47 percent of the federally managed land that covers much of the western half of the state.

Rapidly growing communities are encroaching on those forests. This complicates the job of regional foresters as they develop local management plans that protect wildlife and water.

It’s interesting to compare the perspectives and the people quoted, given in that amount of time since posted it is difficult to assimilate exactly what it all means.

Does anyone know what is meant by:

Some are concerned that the national rules leave too much discretion in the hands of regional bureaucrats. The Wilderness Society will be working “to set some definitive standards that would lock in the direction they are going,” Francis said.

Just so it’s clear, as a “regional bureaucrat”, I would be thrilled to get more discretion.

And, in the Washington Post story

“They give too much discretion to individual forest supervisors” without specific directions, said Rodger Schlickeisen, president of Defenders of Wildlife Action Fund. “We don’t know that they’re going to protect species or not. There is no question that this is a rollback to required protection to wildlife habitat.”

Planning rules are pretty complicated. In the spirit of the Common Interest, I propose a contest for a five page briefing paper that most fairly and accurately compares the 1982 and proposed Rules (since “rolling back” seems a characterization in these stories). This might be a good class project. All entries will be posted on the blog and judging will be done by a “fair and balanced” panel. Let’s think about a suitable prize, and due date is March 11- a month from now to be able to share publicly to help inform public comment. The contest is open to individuals and groups.