Some litigation and other loose ends from November-December 2021

A holiday gift?  Header links are to news articles.

(New case.)  In a December 7 lawsuit against the U.S. Department of Labor, a group of Colorado river guides claim the federal government has arbitrarily imposed a $15 minimum wage on the outdoor industry, rendering extended tours through public lands less attainable.  The article includes a link to the complaint.

(New case.)  On November 29, the Center for Biological Diversity sued the U. S. Fish and Wildlife Service over a Trump administration rule that expanded hunting on national wildlife refuges when it determined that listed species found in or near the refuges would not be adversely affected by the expansion.  Species mentioned the grizzly bear, jaguar, ocelot, jaguarundi, Audubon’s crested caracara, wood stork, and whooping crane.  The article includes a link to the complaint.

(Update.)  The U.S. Fish and Wildlife Service and multiple conservation groups reached an agreement to conduct a new Endangered Species Act status review of California spotted owls by Feb. 25, 2023. The stipulated settlement stems from a suit the Center for Biological Diversity and other groups filed against the Trump administration in 2020 for not adding the spotted owl to the list of endangered species.

(Follow-up.)  A proposal to add the Pearl River map turtle to the federal endangered species list was published on November 23 by the U.S. Fish and Wildlife Service after two environmental groups sued the agency last year for missing the determination deadline by a decade.  The proposed listing (the article contains a link) mentions the Bienville National Forest in Mississippi favorably.

The U.S. Fish and Wildlife Service (Service) published a final rule revising the critical habitat designation for the northern spotted owl.  The final rule rescinds a previous rule issued by the Trump Administration on January 15, 2021, which would have excluded approximately 3.4 million acres from the species’ critical habitat designation.  We talked more generally about critical habitat and spotted owls here.  Related litigation was discussed here.

Oregon Democratic Sens. Jeff Merkley and Ron Wyden announced legislation to establish a new national monument in central Oregon on BLM lands.  According to Merkley’s press release, the proposal has the support of several conservation groups as well as the city of Mitchell, which has seen economic benefits from Painted Hills tourism and visiting cyclists.

The Rio Grande National Forest announced the inclusion of an administrative change in its revised  forest plan. The change addressed recently acquired lands that were not included in the Rio Grande National Forest’s land base when the plan was revised.

The 2012 Planning Rule allows administrative changes for “corrections of clerical errors to any part of the plan, conformance of the plan to new statutory or regulatory requirements, or changes to other content in the plan (§219.7(f)).”  Hmmm.

 

Promoting Unity in Biden Administration Policies: Alternatives to Monument Proclamations

President Biden said in his inauguration speech:

History, faith, and reason show the way, the way of unity.

We can see each other not as adversaries but as neighbors.

We can treat each other with dignity and respect.

We can join forces, stop the shouting, and lower the temperature.

For without unity, there is no peace, only bitterness and fury.

No progress, only exhausting outrage.

No nation, only a state of chaos.

This is our historic moment of crisis and challenge, and unity is the path forward.

OF course, the more cynical among us will say “beautiful words but the President has no choice but to hire people he owes- political operatives- to carry out his policies, and they have made no such pledge.” In fact, I’m not sure that those operatives have the skills or patience that even the humblest member of a humble forest collaborative might have.

Still, folks are always talking about “holding people accountable” and I don’t see anyone else attempting to hold the Biden Admin accountable, except possibly R’s- but it’s hard for me to see any truths through the murk of partisan mud-slinging. So I think I’ll rate Biden Admin efforts on a 10 point scale, where 10 is unifying and 0 is pointedly not “lowering the temperature..” that being what I have previously called “a sharp stick in the eye.”

I would give the Bears Ears decision a zero. Here’s what I would have done instead.

First of all I’d make an announcement.

This back and forth over Monuments has gone on too long. We need to establish a solution that takes into account the views of all parties and that all parties can live with over the long-term, that will stand the test of time. These decisions should not be made by strokes of the pen in DC nor by the federal courts, but by the people- including all the people who are affected. That’s the only way we can understand and incorporate social and environmental concerns as well as justice and equity, in an open and transparent way. My goal is to provide support for a long-term solution, considering all previous efforts, and building on the agreements that we already have. These lands are important to all of us, and deserve the best we can give them through formal and public deliberation on an array of ideas and approaches. I want the success of my Administration to be measured by the relationships we have improved, and the trust we have built, as well as the end-product of an agreement. I want to honor the role of peacemaking inside our country as we honor it in the international realm.

Process-wise, I’d try to take down the temperature and deal with on-the ground questions with a wide range of alternative and collaborative approaches:

* Sit down with political leaders in Utah, all Tribes, as well as other stakeholders, and design a collaborative process with the help of professional environmental conflict resolution folks. The FS does this for humble regulations, so why not a massive land use decision?

*As part of that, starting from a ground based process.. what do you want to protect the area from? Mining, oil and gas, OHV’s, vandalism?

*Have an opportunity for public comment on specific issues.

*Intentionally find people to serve that both “sides” respect as well as folks from both “sides”, including Tribes who hold different views. Have them analyze the current protections. Which ones are working well and which ones aren’t working? Where and why? Does the solution (say, to vandalism or illegal ATVs) require something that drawing lines on maps won’t provide? If so, what are mechanisms to make that happen?

* The BLM and the FS have a variety of other land designations of various protections. What are the advantages of a Monument over other designations? Is it marketing tourism or something more concrete?

* Have Tribes look at different options of “advisory committees” and “co-management” and design a process for being involved, what kind of decisions, what level, what kind of authority?

Overall, the point would be to take the issue from a partisan political football to an atmosphere of place-based joint problem-solving, which… we have a long history of doing. Colorado and Idaho Roadless were examples of such processes. They took the symbology of Roadless Protection and crunched through the details- specific concerns in specific places- with people who are affected. And at the end, even with partisan politics and litigation in various forms, did deals that everyone can live with.

For those interested, Stacy Young wrote an interesting article in the Canyon Country Zephyr on the legalities and some legal history.

I tend to think of the Antiquities Act as perhaps a red herring. The legal case seems to follow from the idea that “having a Monument is the Right Thing” and using this tool we can override other views. Pragmatically, though we all could save ourselves a lot of legal and communication work and vast amounts of NGO money (and spend it on law enforcement around Bears Ears instead?) by the Administration instead simply saying.. “we believe we can work through this together in an atmosphere of mutual respect. That is our passion and our promise.”

We can join forces, stop the shouting, and lower the temperature.

For without unity, there is no peace, only bitterness and fury.

No progress, only exhausting outrage.

No nation, only a state of chaos.

This is our historic moment of crisis and challenge, and unity is the path forward.

Those are powerful words, Mr. President and if you need help translating them into action (in our humble area of federal lands and forests), I and others are right here.

Hundreds of Giant Sequoias Considered Dead From Wildfires

It appears that rumors of ‘natural and beneficial’ wildfires in the southern Sierra Nevada have been ‘greatly exaggerated’. Even the Alder Creek grove, which was recently bought by Save the Redwoods, was decimated. Of course, this eventuality has been long-predicted.

https://www.latimes.com/environment/story/2020-11-16/sierra-nevada-giant-sequoias-killed-castle-fire

A Unification Approach to Bears Ears: Let’s Swear Off Political Sharp Sticks in the Eye

Conservation Lands Foundation board member and former Interior Secretary at a meeting in Durango, Colorado. Photo by Steve Lewis, Durango Herald.
Lisa Friedman of the New York Times wrote an interesting article about the top things the new administration could do for the environment.

Most of her nine are about climate change. Of most interest to us, is perhaps one she calls “Restore Wildlife Areas”

According to her, Mr. Biden has pledged to take “immediate steps to reverse the Trump assault on America’s national treasures” including major cuts in 2017 to Bears Ears and Grand Staircase-Escalante National Monuments as well as opening parts of the Arctic National Wildlife Refuge to oil exploration. He has said on the first day of his administration that he will sign an executive order to conserve 30 percent of US lands and waters by 2030.”

We’ll be continuing to discuss the details of a 30 x 30 goal.

One concept I’ve never heard political writers talk about is what I would call the “sharp stick in the eye” factor, which I think deserves more exploration. Bears Ears was monumentized following the loss of an election. We have heard from the same people that it’s bad for Supreme Court nominees to be picked too close to an election, but the same folks argue that it was fine to Monumentize an area where many elected officials are of the opposing party after an election. It seems to me that these positions are inconsistent, and I’ve found that inconsistent and or illogical positions are often guideposts to decisions that are ultimately political (in the sense of pleasing someone at the expense of others). Anyway, to me that was an intentional sharp stick in the eye. It will be interesting to see if we agree on the SSE (sharp stick) factor. I’d give Bears Ears an 8 on a 1-10 scale.

I don’t think the “uniting” approach would be to “immediately reverse” what the Trump Administration did. That would be just another sharp stick in the eye.. haven’t we had enough of those? What about sitting down again with folks in the area and concerned groups looking at a variety of alternatives without the drama of the Nationally Significant Focus by Some Groups as a Symbol. Certainly the only choice is not “these 2016 lines with these 2016 restrictions”. As Chris Wood said about the 2001 Roadless Rule, “it wasn’t written on stone tablets.”

Despite the fears, we didn’t see any oil and gas nor additional uranium development. Maybe, as we have seen, increasing recreation in the area would be bad for the environment, or people come whether or not it’s a Monument, or people overuse trails and spread Covid to locals. Seems like the last four years have had changes that could be considered in such a discussion.

Mark Squillace, a professor at the University of Colorado Law School, tells the story of when he accompanied Interior Secretary Bruce Babbit to affected communities to discuss Grand Staircase-Escalante national Monument. The way his story goes, talking person to person with Babbit may have actually changed minds, or at least reduced the atmosphere of antipathy. (Of course, that’s Mark’s side of the story, but we don’t have another one, so I’ll go with it.)

Here’s my unifying approach based on that:
1. Send the Secretary out there (presence is a great symbol) as part of a public comment period
2. Determine to listen respectfully to the other sides, including elected officials from the other party (!). As the President-elect said, they are not your enemy.
3. Do a deal with the goal of stability.. “can everyone live with this?”

Actually, it sounds a lot like plain old collaboration. It’s also what states have to do regularly, which is why I like former western governors and DNR directors for Interior Secretaries.
It’s interesting to think about why it is that when the stakes are higher than at the State level, it seems like collaboration takes a back seat and “winner takes all” takes over. But internationally, we’d reject that approach in supporting peace processes. Perhaps national politics are some kind of anomaly. Not in a good way.

I ran across this article from only five years ago from the Durango Herald on Babbitt’s then-current activities:

The pushback from the energy production industry is a major obstacle, but Babbitt said he has long held the belief that the two, preservation and industry, can co-exist.

“How many of you know, that there is gas production at the Canyon of the Ancients?” Babbitt asked the crowd of about 30 members and non-members. “The opponent says you’re taking things off the slate of use and production, that the land is just being set aside for weak environmentalists. But (oil and gas) can be managed with minimal impact. It is possible to make them work together.

And one reason the BLM is taking such good care of that place is because they’re looking over their shoulder,” he said. “That’s the model for the entire West, and it began right here in Durango.”

I think by “they” in the last sentence Babbitt meant local people given the context. Also Babbitt talks about BLM’s National Conservation Lands which sounds like it could be an alternative to monumentizing, especially when an Administration starts with enough time for such a process.

Public land developers getting financial pushback

An interesting observation from the Washington Post.  As investors become more enlightened about the financial risks caused by climate change they are starting to hold corporations accountable.  That includes their operations on public lands – and litigation is part of the risk.

A dozen-and-a-half senators wrote letters to 11 of the largest U.S. banks asking them to back down from financing any oil and gas activity in an unspoiled expanse of Arctic wilderness.

“The scale of your banks’ assets individually, let alone together, give you the ability to drive change in protecting the Arctic National Wildlife Refuge and in shifting towards a U.S. financial sector that effectively analyzes and plans for climate risks,” the group of a senators, led by Sen. Martin Heinrich (D-N.M.), told Wells Fargo, Bank of America, Citigroup, Morgan Stanley, JPMorgan Chase and six other banks in a letter sent last Thursday.

Democrats hope these banks follow the lead of one key peer: In December, Goldman Sachs said it is ruling out financing new drilling or oil exploration in the entire Arctic.

The world’s largest asset management firm, BlackRock, said last month it would divest from coal burned in power plants and make climate change a “defining factor” of its investing strategy.

And just last week, a group of investors representing nearly $113 billion in assets under management issued a similar letter to energy, mining and timber companies. Their warning: Don’t invest in certain federally controlled areas once protected but now open to development by the Trump administration.

These areas include not only the oil-rich Arctic refuge but also Alaska’s Tongass National Forest, the largest intact temperate rainforest where the U.S. Forest Service wants to allow new logging, (discussed here) and Minnesota’s Boundary Waters Canoe Area Wilderness (the Twin Metals mine litigation is discussed here), a popular lake-pocked forest near where the administration wants to allow a copper and nickel mining operation.

The institutional investors, which include several religious funds as well as a fund established by the late oil heir David Rockefeller, warned companies that many of the administration’s rollbacks of public land protections are legally precarious, and may be struck down by the courts or the next presidential administration. The letter went out to ExxonMobil, the timber company Weyerhaeuser and 56 other firms, according to Reuters.

“Many of these projects are mired in litigation,” the letter stated, “challenging the legality of any current or future industrial activity initiated in these regions and providing evidence of the risks associated with conducting commercial development on lands that the American public has deemed valuable for protection.”

The institutional investor letter also mentioned other areas, including protected sage grouse habitat (litigation discussed here) and the national monuments that have been reduced in size by the Trump Administration that are also under litigation (discussed here).  Here’s the latest on that.

Brown’s Canyon Monument Planning, BLM’s Use of the Online Story Map, and the “Sustainable Alternative”

I hope that this is a correct map.

I received an email from the Colorado Mountain Club this morning asking me to weigh in via public comments on the Brown’s Canyon management plan, which is joint between the BLM and the Forest Service. The Sustainable Alternative is interesting from the “how local collaborative work should be considered” perspective, and also “what people disagree about when there is no oil and gas nor fuel treatments, and grazing is off the table based on the legislation.” This is the message from CMC about what our comments should say.

Main messaging:

The Sustainable Alternative was developed through a collaborative process by a group of over 20 local Chaffee-county based citizens and organizations who represent decades of use and close observation of the area now designated as Browns Canyon National Monument. The Sustainable Alternative has broad community support from over 100 local businesses, residents, and decisionmakers, as well as various regional and national organizations. The Sustainable Alternative also has local government support, including the City of Salida, the Town of Buena Vista, Chaffee County Commissioners, and the Town of Turret.

The development of the Sustainable Alternative was very intentional in prioritizing the protection of Monument resources, objects, and values, while balancing increased need for recreational access and conservation. The vast community support signifies the balanced and reasonable approach put forth. The Sustainable Alternative seeks to ensure the Monument is protected for generations to come. We believe local residents, businesses, and cities should have a voice in creating reasonable management for Browns Canyon National Monument – we are asking the Bureau of Land Management and the US Forest Service to adopt recommendations put forth in the Sustainable Alternative, rather than a top-down from political voices in Washington, DC.

OK then, but I don’t think that those are the only two alternatives. From the text of the Sustainable Alternative:

In general, the BLM and USFS, in collaboration with cooperating agencies, should provide enough professional staff and law enforcement officers to ensure compliance with BCNM regulations and pertinent laws. The monument should be managed to accommodate current and future uses. Most importantly, the agencies should be careful not to invite more activity than can be sustainably managed, such as by providing maintenance-intensive infrastructure, developments requiring frequent staff patrolling, and by undertaking high-visibility programs to promote visitation to the Monument.

It does seem like folks pursue a Monument designation hoping to get more management bucks. Then they are many times disappointed by not getting more bucks,  and also having more visitation due to the enhanced visibility.  This could lead ultimately to a net loss in funding per visitor.   But has anyone ever seen the BLM or FS spending money to promote visitation to a spot? It seems to me that that is usually the role taken by local businesses and governments, whom I’m guessing are not going to do that, given what they say in these comments.

They also suggest that it’s more efficient for the PSICC to do the monument plan under the 2012 Rule than to do an amendment regarding this piece of land. It’s hard for me to agree that it would be either efficient or particularly straightforward.

As an alternative approach and as previously stated in Friends of Browns Canyon and The Wilderness Society’s comments on the Planning Assessment, submitted in September 2018, it is much more efficient and straightforward to develop the monument management plan under the USFS 2012 planning regulation rather than trying to stitch 2012 rule amendments into a 1982 rule plan.

So I read on and in the Sustainable Alternative there were some surprising (to me) thoughts about roadless:

Similar to recent Federal legislative initiatives to release on WSAs, there are currently state-based pressures to remove roadless area protections. For example, Utah Governor Herbert recently petitioned the U.S. Department of Agriculture to revoke and rewrite the national Roadless Rule as applied to The Aspen Ridge Roadless Area provides a uniquely undamaged landscape with wilderness qualities. Utah’s forests to open these lands to development. (See https://governor.utah.gov/2019/03/01/utah-submits-request-to-the-department-of-agriculture-regarding-federal-land-maintenance and https://ourforests.utah.gov/wp-content/uploads/2019/02/UtahRoadlessRulePetition_28Feb2019.pdf.) In light of these known and anticipated pressures, as well as the need for clear management prescriptions to be outlined in the RMP for future agency officials, it is important for the USFS to consider proactive management to preserve the wilderness character of the lands within the Aspen Ridge Roadless Area, such as those suggested in the following recommendations.
2. Recommendations
• The USFS should use the current planning process as an opportunity to recommend wilderness for the entirety of Aspen Ridge Roadless Area within the monument.
• The USFS should include language in the RMP, providing commitment to manage the Aspen Ridge Roadless Area under the same protections even if the roadless area designation were to be removed.

Holy Smoke! The folks who wrote this either didn’t know that the FS and Colorado had spent a great deal of in developing our own State Roadless Rule and that that is currently the law of the land in Colorado, or are generally promoting Utah-phobia just for the heckuvit.

Anyway, I did think that the BLM’s use of the “online story map” was interesting, and the webinar. The webinar seems like a great idea so many people can easily participate. Maybe FS plans have something similar, but I have not been keeping up. Check it out!

Forest Plan Participation 101


Adam Romanowitz, Photographer

Some tips from a participant in the Manti-LaSal forest plan revision process, which includes developing a “conservation alternative” that “will emphasize the long term health of the forest.”

I’m afraid I’m pretty cynical about the payoff from this approach, but I’d be interested in stories from anyone who feels they had some success.  Part of the problem comes from the fact that the Forest Service creates its own structure for the alternatives it develops (such as the choice of management areas, what the different kinds of plan components should look like, how the plan document will be organized), and an outside alternative that doesn’t line up with this would be difficult for the planning team to document and evaluate.  Then of course there is the, “I am the professional” bias that resists outside ideas, the “don’t take away my power” bias that resists any actual obligations (standards) in the plan, and the “no-change” inertia bias that defines “reasonable alternatives” as those that aren’t much different from the current plan.  At best, it seems like there might be a few surprises that the Forest Service actually likes and tries to use.  Tell me I’m wrong.

It looks like Mary is already encountering some bias:

For instance, the Moab Sun News’ article on the public meeting reported that forest service grazing manager Tina Marian said people won’t see a lot of grazing changes in the new plan that aren’t already being implemented on the ground. She shouldn’t predetermine that outcome. The conservation alternative will recommend changes to how grazing is implemented in the forest (which is a part of Moab’s watershed), like reducing the rate of cattle grazing.

It’s not possible to tell where exactly the Manti-LaSal is in the revision process from their website, but there was a comment period on the “Draft Assessment Report” in June of 2017.  I think the best time to influence alternatives is probably when the Forest must “Review relevant information from the assessment and monitoring to identify a preliminary need to change the existing plan and to inform the development  of plan components and other plan content” (36 CFR §219.7(c)(2)(i)).  Any reasonable alternative would have to be traced back to that information, and if there are disagreements at that point it’s not likely that later suggestions would be well received.

In the example above, what did the assessment say about the effects of cattle grazing? The Forest seems to take the position that “historic” grazing was a problem, but “… (C)urrent grazing practices are not having as large an effect on stream stability, as evidenced by the many greenline transects rated as stable in 2016.”  But then there’s this proof of bias in the Assessment (I’m not familiar with these “directives,” and unfortunately, “Shamo” isn’t in the “Literature Cited”):

Livestock grazing has occurred on the Forest for over 150 years and will continue as part of the Forest’s directives to provide a sustained yield and support local communities (Shamo 2014, USFS 2014).

They’ve got some other interesting issues on the Manti-LaSal:

The alternative will ensure that pinyon and juniper communities are not removed on thousands of acres for the purposes of growing grass for cattle and artificial populations of elk.

It will require the forest to remove the non-native mountain goats that are tearing up the rare alpine area above 11,000 feet in the Manti-La Sal Mountains. It will not allow honeybee apiaries, which would devastate native bees.

And that’s where part of the Bears Ears National Monument is/was.  There was a lawsuit on the goats, and there are several on Bears Ears. 

 

 

Sierra Club Comments

I have seen a trend in postings from the Sierra Club, on their Facebook page. Online petitions have been popular with eco-groups but, those petitions really don’t do anything. They seem to be a way of riling up their followers, gathering personal information, and receiving donations. There is also a sizable amount of people commenting who do not side with the Sierra Club.

The particular posting I will be presenting regards the Giant Sequoia National Monument, and how the Trump Administration would affect it. The Sierra Club implies (and their public believes) that Trump would cut down the Giant Sequoia National Monument, without immediate action. With over 500 comments, there are ample examples of what people are thinking.

 

“So much of the redwoods and Giant Sequoias have already been cut down… the lumber trucks involved had signs which read ” Trees… America’s renewable resource”… and just exactly how to you “renew” a 2 thousand year old tree??? When a job becomes even remotely scarce, one must find a new occupation. Having cut down the redwoods,(RIP Pacific Lumber and the “Redwood Highway”) and when they’ve cut down the national forests (public lands), are “they” going to insist on the right to come onto my land and cut down my trees as well… to provide jobs for the lumber industry? The National forests and Monuments are public lands, and no one has the right to turn them over to private interests for money making purposes. When are they going to see that there is a higher calling here? The forests provide for much of the fresh air we enjoy… they take in the carbon monoxide we exhale, and they exhale the oxygen so necessary to us. They each also take up 300 gallons of water, so provide for erosion control, and I could go on forever with the benefits of trees… but there will still be short sighted detractors who are only able to see the dollar signs in this issue. If providing jobs is the object… bring back our manufacturing jobs from overseas, all you big companies… your bottom line profit will be less, but you will have brought back the jobs to the USA, and you claim that is the object…???? Investing in the big companies in order to get rich does not make the investing noble or honorable when it is condoning taking jobs off-shore to enrich the few. … at the cost of the lost jobs for our people. Love your neighbor..”

I think that statement speaks for itself. Well-meaning but, misinformed.

 

“Give them an inch and they’ll take a mile. Keep loggers out of National Giant Sequoia Forests. Forest rangers and the National Parks already do controlled burning when needed to protect forest ecosystem health. The idea that commerical logging companies can be trusted with that task is preposterous.”

I wonder if he had noticed all those dead trees inside the Monument. Another example of not knowing who is taking care of the Monument.

 

“No such thing as controlled logging look at the clear cut coast. Once you let them in they will take it all and say Oops. A long time ago Pacific lumber clear cut thousands of acres illegally and Department of forestry did nothing. Things have not changed.”

Yes, things have changed. Logging IS controlled in Sierra Nevada National Forests… for the last 26 years.

 

“Destroying over 200k acres of sequoias and leaving ONLY 90k acres is NOT “CONTROLLED LOGGING “. OUR planet needs trees to produce oxygen and just how long do you think those jobs will last?”

Someone thinks there is a HUGE chunk of pristine pure Giant Sequoia groves. Thinning forests is not destruction, folks.

 

“I went to sign this and put my address and what not but then I skipped over my phone number and it won’t let me sign it! Unless you give your phone number it’s not going to San. I will not give out my phone number. Is there another way to sign for this?”

There were many comments like this one.

 

“They are both classified under same genisus of Sequoia, It’s their enviroment that makes them different. The Redwood trees (Sequoia sempervirens) along N Cal coastline and then the Sequoias trees (Sequoiadendron giganteum) found in the Sierra Nevadas mountain regions are the same yet very different trees because of the chactoristics. Both trees share their unique and acceptional height and massive girth size, they share the same red wood tones.”

Someone thinks they are an authority in tree Taxonomy.

 

“As someone who works in timber, don’t blame it on us! Many foresters care about sustainable forestry. I hate Donald Trump just as much as anyone who cares about the environment”

Well, that is sure saying something, eh?

 

“The forests are being burned down by all these un-natural wild fires that are created by the powers that be to carry out agenda 21/30. It’s not a secret but most people don’t want to see it & the common mentality is if we don’t see it, or address it, it will go away. Right?”

There’s more and more loonies out there saying this stuff, and blaming “Directed Energy Weapons” for starting all the wildfires.

 

“There will be no more forest in America, it will be a big cacino and golf courses.”

And there’s other conspiracy theories out there, too!

 

“The most deushiest thing ever! Poor Trees “

People do believe that Trump would clearcut the Giant Sequoias.

 

“Oh yes look what tree hungers did to Oregon”

I love a well-mispelled insult!

 

“No More RAPE AND MURDER OF OUR TREES”

I wonder what real violent crime victims think of this comparison. Should we let those trees be horribly burned alive, or eaten by insects, resulting in a long and slow starvation death? *smirk*

 

“Wth…. He truely is satin”

Soooo smoooooth!

 

“Drop big rocks on their heads. Something like Ewoks from Return of the Jedi all those years ago. Ewoks were “original” monkey wrenchers.”

That’s a lovely solution! Violence will fix everything!

 

“I think you could stand to be a bit less adversarial in your comments. Oil has nothing to do with this subject and devalues your argument. There is no reason why the land cannot be managed without giving it away to unregulated for-profit companies. That is the right answer.”

Yep, there just might be oil underneath those giant trees. Yep, gotta cut em all down to make sure! Misguided but, kinda, sorta, on the right path.

 

“The devil could burn it all down there because most of the state is so ungodly. Trump isn’t your problem. Godlessness and son keeps your minds and state in a state of anarchy. Poor people. I will keep praying you will find out that you all need to pray to the living God.”

Yep, because…. ummm, …. God recognizes where California’s boundaries are???!!??

 

“Try direct energy weapons”

Certainly, the Reptilians and Nibiru are to blame, fer sure, fer sure.

 

“Because of Monoculture”

Blame the old clearcuts!

 

“Anyone cutting a tree should be SHOT!!!!”

And another violent solution.

 

“The lumbar goes to China and else where, not used used in USA, great loose loose thing.the logs get shipped out of country destroys old growth forest well some one will make $$$$$ of it but it won’t be you”

Dumb, dumb!

 

“Its not about forest management its about trumps business buddies being allowed to buy the land and develop it”

And even another conspiracy theory. People love to say “I wouldn’t put it past him” when promoting such stuff.

This American mindset, on a world stage, is troubling. People proudly display their ignorance and stupidity to fight a non-existent issue. America doesn’t believe the truth anymore, and the Sierra Club, and others, are spreading misinformation through phony petitions.

 

 

The Dilemma of Simplification: Bears Ears and CNN

A long time ago, in the context of Colorado Roadless, I raised the question of whether some natural resource/public lands issues are simply too complex for the news media to tell the story. When that happens (“it’s too complex”), it seems like the natural reaction is to find a simpler story.. usually good guy vs. bad guys. If we believe these stories, though, and trust “the media”, we naturally end up thinking that there are a lot of “bad” people out there, (including people in the industries that keep our buildings heated and cooled, and provide the electrons that power the internet) and get more worried/despairing/angry about the state of the world today.

Kevin Franck sent this by Jim Stiles in the Canyon Country Zephyr.

More than three years have passed since the idea of a “Bears Ears National Monument” was first introduced to the general public. One of the most far-reaching and expensive coast-to-coast marketing campaigns ever promoted by the powerful outdoor industry and their allies in the mainstream environmental community clearly contributed to the decision by President Obama to create the monument in the last days of his administration. Obama’s interior secretary, Sally Jewell, had previously served as CEO of REI, Inc, one of the largest outdoor retailers in the world.

(Jewell’s predecessor, Ken Salazar, promised Utahns in 2011 that monument designation was not being considered by the Obama administration.)

Those two forces came together to sell an agenda to the American Public and the mainstream media, from the national level to the local, often became a willing mouthpiece for that agenda. It became an un-debated, unchallenged “fact” that only monument status could save the area from rampant and imminent destruction from the energy industry and archaeological looters.

I don’t claim to be knowledgeable on many issues, and I try to limit my participation to stories that I know enough to comment on. But I have lived in southeast Utah for more than 40 years, I have been intimately connected to the vast wild country in San Juan County and to the two buttes known as “the Bears Ears” for even longer. I was once a strong proponent of the environmental lobby in Utah and many years ago even served on the board of directors of the Southern Utah Wilderness Alliance. But in the past 20 years, environmentalists have forged alliances with the outdoor industry and turned a blind eye to the impacts their partnerships were creating.

In 2018, misinformation about southeast Utah, the monument and the people has been a particular source of frustration. In an effort to set the record straight, this publication has written and posted more than 50,000 words on the subject of Bears Ears National Monument. It’s been a Quixotic effort— not once has a major media source been able to contradict a single word, but the truth is, they won’t even try.

I think the whole piece is worth reading because it shows how difficult it would be (even in an 8 minute video segment) to even describe some of the complexity of the issue. I also wonder whether the same people who think it’s a bad idea for a former uranium/coal/oil and gas lobbyist to head the EPA, think that it was fine for a CEO of a regulated industry (recreation) to serve at the helm of Interior.

Making decisions to not mine national forests

Here’s a role reversal for the Forest Service, who has recently been in the news more for making it easier to extract things from federal public lands.

New oil, gas and mineral exploration and development will be barred in the San Gabriel Mountains National Monument under a long-awaited management plan, released Thursday, governing the largest wilderness in Los Angeles County.

Of course the forest supervisor hinted that the main reason might be “there just aren’t any significant oil, gas, mineral or timber aspects to this monument.”

The U.S. Forest Service wants to ban new mining claims on about 30,000 acres of public land in the mountains north of Yellowstone National Park for 20 years, a move they say will hamper mine development and protect the environment.

Forest officials released a draft environmental assessment of the proposed withdrawal Thursday that considered potential environmental and economic impacts from future mine development. A 20-year ban wouldn’t affect existing mining claims but would likely limit future mining development.

The Forest Service’s environmental assessment will now be reviewed by the Department of the Interior, and Interior Secretary Ryan Zinke has the final say on whether the ban will be extended and for how long.

Zinke, who has opposed mining near the Paradise Valley, said in an emailed statement that he looks forward to “hearing from the community and seeing how we can work together to protect this area.”

Zinke has been accused of treating his native Montana different from other parts of the country.