LA Times: Forest thinning projects won’t stop the worst wildfires. So why is California spending millions on them?

As if right on cue, today the LA Times published a lengthy and in-depth story (full of some pretty cool graphics) titled “Forest thinning projects won’t stop the worst wildfires. So why is California spending millions on them?

The article features the perspectives of a number of folks and organizations who’ve either participated in this blog, or been highlighted on this blog many times, including Richard Halsey, director of the California Chaparral Institute, Dr. Jack Cohen, a retired Forest Service research scientist, who’s the world’s leading expert on home protection/ignitions and Los Padres ForestWatch. Below are some snips:

Chopping down trees and shrubs is “an easy approach because people think ‘Oh, the thing we can change is vegetation’ … and people want the problem to be fixed,” research scientist Alexandra Syphard said. “But unfortunately, it’s more complex than that.”

Syphard — who conducted one of the few scientific assessments of the effectiveness of fuel breaks in California — worries that the state’s focus on fuel reduction gives “people a false sense of security.”

“Time and time again in my research,” she said, “I find that fuel is one of the least important factors when it comes to protecting the home.”

To stem the escalating loss of life and property, Syphard and other experts argue the state needs to curb development in high fire-hazard zones, help homeowners ember-proof their houses and do a better job of enforcing defensible space regulations….

The state’s 10 most destructive wildfires on record have all been wind driven. They have destroyed a total of 39,440 structures and claimed 170 lives. Seven of the 10 have occurred since 2015, including the Tubbs fire in Northern California’s wine country, and the Thomas and Woolsey fires in Southern California….

“Why don’t you address the fires that are killing all the people?” said Richard Halsey, director of the nonprofit California Chaparral Institute and a fuel break critic. “Would you tell me how any of [the thinning projects] would have saved Coffey Park?”

The state, he says, is focusing on the wrong thing.

Use the money to retrofit houses with fire-resistant features, such as ember-proof vents, and “you would save more structures than any fuel treatments,” Halsey says….

In a research paper published in 2011, Syphard and her co-authors analyzed 30 years of data on fuel breaks and wildfires in Southern California’s four national forests.

Many of the fires never hit a fuel break. When they did, the percentage that stopped ranged from 22% on the San Barnardino forest to 47% on the Cleveland forest. In every instance that a break halted a fire’s progress, Syphard found it was because firefighters were on it.

“The only reason a fire ever stops at a fuel break, regardless of the weather conditions, is that a firefighter is there, using the fuel break to fight the fire,” said Syphard, who is affiliated with the Conversation Biology Institute and is chief scientist at Sage Underwriters, a homeowners insurance company….

Jack Cohen, a retired Forest Service research scientist who studied ignitions and wildfire spread, said he’s been asked to explain the “unusual pattern of destruction” in Paradise.

His response: “It’s not strange and unusual — it’s typical. Every investigation I’ve done comes up with that pattern.”

“We do fuel breaks because the premise is we’ve got a wildfire containment problem” when in fact, Cohen argues, we have a home ignition problem.

Are Wildland Fires Increasing Large Patches of Complex Early Seral Forest Habitat?

Figure 1. Ecoregions with pine and mixed conifer forests analyzed for large high-severity fire patches in our study modified from [40]. Two-letter acronyms shown on the map represent different U.S. states.

A new paper, just published by Dominick DellaSala and Chad Hanson, may be of interest to some on this blog. Check it out here. Pasted below are the abstract and the conclusions. -mk

ABSTRACT: High-severity fire creates patches of complex early seral forest (CESF) in mixed-severity fire complexes of the western USA. Some managers and researchers have expressed concerns that large high-severity patches are increasing and could adversely impact old forest extent or lead to type conversions. We used GIS databases for vegetation and fire severity to investigate trends in large (>400 ha) CESF patches in frequent-fire forests of the western USA, analyzing four equal time periods from 1984 to 2015. We detected a significant increase in the total area of large patches relative to the first time period only (1984–1991), but no significant upward trend since the early 1990s. There was no significant trend in the size of large CESF patches between 1984 and 2015. Fire rotation intervals for large CESF patches ranged from ~12 centuries to over 4000 years, depending on the region. Large CESF patches were highly heterogeneous, internally creating ample opportunities for fire-mediated biodiversity. Interior patch areas far removed from the nearest low/moderate-severity edges comprised a minor portion of high-severity patches but may be ecologically important in creating pockets of open forest. There was ample historical evidence of large CESF patches but no evidence of increases that might indicate a current risk of ecosystem-type shifts.

CONSLUSIONS: Our findings have specific management and policy relevance. In particular, we counter claims made by some researchers, and often used by decision-makers, to justify large-scale forest “thinning” and post-fire logging projects—specifically, the assumption that such logging projects are needed to prevent type conversion in response to a perceived increase in CESF patch sizes and conifer regeneration failures in “megafires” (see [6,18,20,22]). Lack of a biodiversity perspective has created underlying tensions among researchers over the role of high-severity fires in maintaining CESF, and we hope that our findings will now inform this ongoing discussion. Additionally, contrary to assumptions made by land managers in the course of proposing extensive post-fire logging and creation of artificial tree plantations following large fires, we found ample evidence of patch heterogeneity–and presumably natural conifer establishment–in large severely burned patches, in addition to the occurrence of large high-severity patches in the historical record. This finding has key relevance to current forest management policy, since the assertion that current large CESF patches are unprecedented is not substantiated by our data but is being used to justify legislative and regulatory proposals to severely weaken environmental laws on U.S. federal lands.

Notably, numerous studies have found high levels of native plant and animal richness and abundance in large fires of mixed severity that produce CESF patches in severely burned areas, see [3,24,25,26,27,28,29,30,31,70,74,75]. Such fires facilitate high levels of beta diversity at landscape scales, providing a broad suite of habitat for both fire-seeking and fire-avoiding species [25], including many early seral birds that have been declining due to a lack of “diverse early seral habitat” [76]. Thus, far from being indicative of “catastrophic” (or “megafire”) ecosystem shifts, large CESF patches have consistently been found to support a unique ecological community that is otherwise most often post-fire logged because of perceptions that this forest type has limited wildlife value, see [25,75]. Instead, we found that large CESF patches are extremely infrequent at landscape scales in ponderosa/Jeffrey-pine and mixed-conifer forests of the western U.S., and whether high-severity fire that produces this important seral stage is increasing in western USA forests remains debatable, e.g., [4,9,10,11,13,14,15,16,19,21,23].

Regarding the human implications of our findings, we recommend that land managers focus limited resources on community fire safety and defensible space of homes as a means of getting to coexistence with wildfire [77,78,79] and for managing wildfire under safe conditions for a myriad of ecosystem benefits.

New Report: Logging is North Carolina’s Third Largest Carbon Emitter

NOTE: Previously on this blog we’ve discussed a report that timber harvesting is by far the largest source of greenhouse gas emissions in Oregon.

FOR IMMEDIATE RELEASE: September 10, 2019 9 am EDT

NEW REPORT: Logging is North Carolina’s Third Largest Carbon Emitter

New report outlines the impact that industrial logging has on our climate and the need for change if we are going to address the climate crisis; Governor Cooper can ensure his climate legacy by taking action and stopping further forest destruction

Asheville, NC – A new report from the Center for Sustainable Economy and Dogwood Alliance puts a spotlight on North Carolina, and shows just how big of a climate catastrophe logging is in the state. The report finds that industrial logging is the state’s third most carbon intensive sector, just after electricity and transportation and for the most part goes completely unaccounted for. For example, North Carolina’s recently released Greenhouse Gas Inventory fails to accurately account for a significant amount of emissions from logging, forest degradation, and the biomass industry.

Forests are a critical climate solution. They store enormous amounts of carbon in their trees and soils, and buffer communities from climate impacts like flooding and storms. With Hurricane season here and North Carolina already witnessing the flooding, property destruction, and loss of life from Hurricane Dorian, this is now more critical than ever. But they are being destroyed and degraded at an alarming rate — and even shipped overseas to be burned for electricity. The US South is ground zero for destructive industrial logging, and North Carolina is the largest wood pellet exporter in the country.

“Our latest research is conclusive proof that now more than ever, we need to be protecting forests, not cutting them down and burning them,” said Danna Smith, Executive Director of Dogwood Alliance. “Governor Cooper should see this as evidence that forest destruction in North Carolina is contributing to the climate emergency that must be addressed. If North Carolina can turn their serious logging problem around, it will send a huge signal to leaders across the region and around the world.”

In addition to finding that logging in the state is a climate catastrophe, the report shows that compared to natural forests, tree plantations are far inferior at mitigating climate change and storing carbon. The report authors also looked at the best path forward and propose adopting climate smart forestry practices that eliminate clearcutting and instead focus on protection, restoration and lighter impact logging. This research replicates findings from a report on the Oregon forest products industry by the Center for Sustainable Economy that found that the logging industry is the most carbon intensive sector in that state.

According to Dr. John Talberth, lead author of the report, “Contrary to the timber industry disinformation, conventional wood products are very carbon intensive. And just like fossil fuels, we need to dramatically reduce our consumption. But the good news is that climate smart forest practices – like long rotations and alternatives to clearcutting – can meet all of society’s demands for wood products while capturing and storing the equivalent of over twenty years of North Carolina’s greenhouse gas emissions. To make climate smart practices the norm and not the exception, lands owned by clearcutting corporations should be transferred back into the hands of skilled foresters who know how to log and leave a climate resilient forest behind.”

The report found that because of short rotation timber plantations for paper, pellets, and low-quality timber, 7.5% of North Carolina (2.6 million acres) is a carbon sequestration dead zone. When forests are clearcut, instead of removing CO2, they release it for up to 13 years and even when left standing, plantations store 50% less carbon than native forests. Essentially, natural forests catch and store carbon, and even in a best-case scenario, plantations catch and release it.

Key findings include:

• Logging in North Carolina releases 44 million tons of carbon dioxide per year, making it the state’s third most carbon intensive sector.

• North Carolina forestlands store far less carbon than the natural storage capacity of native forests, with plantations storing 50% less carbon than native forests.

• A focus on protection, restoration in places like wetlands and forests along rivers, and climate smart forestry that ends the most destructive practices have the potential to remove nearly 3 gigatons of CO2.

• 2.6 million acres of North Carolina’s forestland — or 7.5% of the state — are carbon sequestration dead zones because of short rotation tree plantations.

• 500,000 truckloads of timber are removed from North Carolina forests every year and clearcutting releases the CO2 equivalent of 582,900 tanker trucks of oil each year.

“The world has been watching North Carolina. Last year, Governor Cooper pledged to make the state a climate leader, and recently made headlines with the release of the state’s Clean Energy Plan,” continued Smith. “The Governor can be a national leader on forests and climate, setting an example for the entire country. But instead forest destruction is on the rise as his administration continues to greenlight the rapid expansion of Enviva, the world’s largest wood pellet producer.”

Download and read the full report here.

Guest opinion: Focus on defensible space, not large scale logging

The following piece was written by Steven Krichbaum, a PhD conservation biologist and longtime forest defender. Many of us in the forest protection community have been pushing some of these same ideas for almost twenty years now.- mk

It seems both major parties can be sadly misinformed about forests and fires. The president recently promoted logging as a way to curb fires even though studies have clearly shown it to be ineffective. Now two western Senators, Diane Feinstein, D-Calif., and Steve Daines, R-Mont., intend to introduce legislation to further Trump’s agenda.

The most comprehensive scientific analysis conducted on the issue of forest management and fire intensity found that forests with the fewest environmental protections and the most logging actually tended to burn much more intensely, not less. For instance, the Camp Fire which destroyed the town of Paradise, Calif., began in an area that had burned a mere ten years before and was then salvage logged.

Research on the “home ignition zone” by Dr. Jack Cohen of the U.S. Forest Service’s Fire Science Laboratory makes clear that the only strategy that consistently works for reducing fire impacts to human habitation, is to focus on the land within 100 feet of houses, not logging distant forests.

Defensible space
Reducing flammability within this 100-foot “defensible space” involves basic precautions such as fire-resistant roofing, pruning branches and small trees, and keeping gutters clear of dry leaves and needles. Also keep in mind that more than half of all the acreage that recently burned in the West occurred in non-forest vegetation like chaparral, sagebrush, and grasslands.

But it’s always the same prescription for our National Forests and Bureau of Land Management lands: We need more stumps. Stumps for timber, stumps for wildlife management, stumps for restoration, and now stumps for fire management. The underlying consistency behind these rationalizations is the habitual dismissal of the critical importance of old and dead trees, wilderness conditions, natural disturbances, and limited roads to healthy forests.

In this case, both the Dec. 21 Executive Order (Federal Register Jan. 7, 2019) – that expedited logging on an area of our public lands larger than the entire state of Massachusetts – and now the Feinstein-Daines bill, use a tragedy to push the same thing that would be pushed even if the tragedy didn’t happen. Disregarded are fire drivers such as previous logging and extreme weather events. Not a peep about defensible space. No, instead come up with ‘more stumps!’

Pre-empting lawsuits
And this benighted approach to forests gets even worse. To expedite logging, Daines and Feinstein plan to legislatively slow or stop so-called “frivolous” lawsuits, in effect locking the public out of management decisions on our public lands. Whenever politicians feel compelled to pre-emptively lock the public out of our day in court, it’s a sure tell that something is rotten.

They must know that their proposal won’t withstand scrutiny in any court worth its name. Here’s a message to Daines and all those who think like him: Americans involved in legal efforts to stop the desecration of our public lands and their wildlife are not frivolous. According to you, we “frivolous” taxpayers get to subsidize the degradation and destruction of our precious homelands, we just don’t get to have a real say in it.

We do need new legislation, but not the toxic brew Feinstein and Daines are cooking up. We need legislation and policies that free the Forest Service and Bureau of Land Management from the internal and external pressures that promote and prioritize commercial logging and other exploitation. The focus must be on real protection, not legislation that exacerbates both the pressures and the underlying fire problem. Congress needs to drop this disastrous bill and instead facilitate protection of the “defensible space” around homes and development. And then pass legislation that puts an end to the ongoing logging-grazing-drilling-mining horror show on our public lands once and for all.

Steven Krichbaum, PhD, conservation biologist, forest protection activist for 30 years with grassroots groups. He lives in Staunton, Virginia.

230 scientists nationwide oppose Forest Service move to squelch public comment

According to the Missoula Current:

Hundreds of scientists, including four from the University of Montana, have spoken as one in their opposition to a U.S. Forest Service proposal to squelch public input on future forest projects.

Just before the comment deadline on Monday, 230 scientists from across the nation signed and submitted a letter opposing a proposed Forest Service rule that would reduce public involvement currently required by the National Environmental Policy Act.

The Forest Service manages federal land that belongs to the American people, so the public should be able to have a say in how it’s managed, the scientists said. Especially if they have critical knowledge of how certain projects could degrade the land or ecosystems.

A copy of the full letter signed by 230 scientists is here.

Forest Service withdraws largest logging, road-building project in Wyoming’s history

According to WildEarth Guardians:

Thanks to Guardians and allies, what would have been perhaps the largest logging and road-building project in Wyoming’s history has been withdrawn.

The Medicine Bow Landscape Analysis Vegetation (LaVA) Project covered 850,000 acres and would have logged 360,000 of them, including 123,000 acres across 25 different Roadless Areas. It would also have included building 600 miles of temporary roads, which fragment habitat and destroy water quality.

The general public has stiffly opposed the project, which was proposed in 2017. Considering its unprecedented scale, lack of detail and environmental analysis, levels of road construction, loss of wildlife habitat, effects on Roadless Areas, and lack of analysis of climate change and economic impacts, it’s certainly a major victory that the Forest Service is taking a step back.

Read the press release.

Slow-growing ponderosa pines may have a better chance of surviving longer than fast-growing ones, especially considering climate change

New research from scientists at the University of Montana found that slow-growing ponderosa pines may have a better chance of surviving longer than fast-growing ones, especially as climate change increases the frequency and intensity of drought,

This new research is important because the timber industry and U.S. Forest Service often justify “thinning” in ponderosa pine forests on public lands to increase the growth rate and “restore” resilience. But what if in their zeal to “restore” the forest and increase the growth rate of the remaining ponderosa pines, the timber industry and Forest Service might actually be destroying the very forest they are trying to create?

As George Wuerthner (who has degrees in wildlife biology and botany, and has worked as a biologist for the federal government) wrote in an email when he shared this new research, “Here’s another example of how foresters are ignorant and damaging our forests when they suggest that they are thinning to ‘restore’ resilience. When they thin the forest they have no idea of the genetic make up of the trees. But some trees naturally grow slowly and are more resistant to drought. This has been documented in other species like lodgepole pine as well. Foresters with a paint gun have no idea which trees are genetically resistant to bark beetles, drought, cold, etc. but they often take out 50% of the trees in thinning projects. In their efforts to ‘restore’ the forest they may destroy it.”

According to the press release from the University of Montana:

The study, led by UM alumna Beth Roskilly and Professor Anna Sala, was published in the Proceedings of the National Academy of Sciences this week. The researchers sampled growth rates of ponderosa pine trees of varying ages at two remote sites in Idaho. They also studied structural traits of the trees’ xylem — vascular tissue that transports water and minerals through the wood and provides structural support.

Their findings reveal that some young trees grow quickly while others grow slowly. But old ponderosa pine trees — those older than 350 years — are slow growers compared to younger trees, and these individual trees have always been slow growing, even when they were young.

In contrast to predictions, slow-growing trees, whether old or young, did not produce denser, tougher wood, which might have made the trees more resistant to disease or decay. Instead, a key difference between fast and slow growers resides in a microscopic valve-like structure between the cells that transport water in the wood, called the pit membrane. The unique shape of this valve in slow-growing trees provides greater safety against drought, but it slows down water transport, limiting growth rate.

“Ponderosa pines, like people, cannot have it all,” said Roskilly, the paper’s lead author. “Drought resistance contributes to longevity but also to slow growth. In other words, there is a fundamental tradeoff based on xylem structure. Our study suggests that trees with fast growth become large quickly, which can be beneficial for young trees competing for resources, but they are more vulnerable to drought and can die at earlier ages. On the other hand, trees that grow slowly are more drought resistant, which enhances longevity.”

Roskilly earned her UM master’s degree in organismal biology, ecology and evolution in 2018, and the study is a result of her degree work in UM’s College of Humanities and Sciences.

“Ancient trees are special for many reasons,” said Sala, a professor in UM’s Division of Biological Sciences and an adjunct professor in the W.A. Franke College of Forestry and Conservation. “They are beautiful, they make the highest quality musical instruments, they help maintain diversity, and they store atmospheric carbon in wood for a long time. But the results of this research also suggest they are special because forest managers cannot make just any ponderosa pine tree live for centuries no matter how hard they try. For ponderosa pines to become centennials, their wood must possess this unique structure.”

Forest Service Draft NEPA Rule Would Sharply Curtail Environmental Analysis and Public Review of Forest Management

On June 13, 2019, the Forest Service released a proposed rule amending its National Environmental Policy Act procedures.

This very detailed analysis of the proposed rule is making its way around various forest protection and public lands protection email listserves. It was written by people with decades of experience on these public lands issues.

According to the Forest Service, the proposed rule is designed to “increas[e] the pace and scale of work accomplished on the ground” – with a focus on removing hazardous fuels – by “complet[ing] project decision making in a timelier manner.”

As the analysis documents, the proposal, however, is much broader than its stated goals, exempting unqualified commercial timber harvest and a breathtaking range of other forest management activities from environmental analysis or public review via a suite of new and expanded categorical exclusions and other mechanisms that fundamentally undermine NEPA’s bedrock principles of government transparency, accountability, public involvement, and science-based decision-making.

Rather than focusing on and addressing the actual causes of agency inefficiency in environmental decision-making (e.g., funding, staffing, training, and turnover), the Forest Service has targeted America’s “magna carta” of environmental laws with its radical proposal. Ironically, the result is likely to be increased litigation and poorer management of our shared national forests, as corners are cut, laws are broken, and the public is cut out of decision-making.

Among other things the Trump administration’s Forest Service proposed rule would:

• Adopt seven new categorical exclusions (CEs) and expand two existing CEs to shield from any environmental review or public process a wide array of projects. The Forest Service estimates that up to 75% of decisions that currently receive public input could proceed under CEs in the future, including: commercial logging of up to 4,200 acres, converting illegal off-road vehicle (ORV) routes to official Forest Service System roads or trails, construction of up to 5 miles of Forest Service System roads.

• Eliminate the requirement to conduct public scoping for 98% of all proposed actions, including those covered by CEs.7 The agency would be required to provide notice of CE projects only in its Schedule of Proposed Actions or SOPA, which may not be published until after the decision has been made and the project completed. Without an opportunity to weigh in on proposed CE projects, the only option for the public to have its voice heard would be to resort to the federal courts.

• Weaken the “extraordinary circumstances” backstop for CE proposals.

• Permit the use of multiple CEs to carry out land management decisions.

• Remove Inventoried Roadless Areas (IRAs) and potential wilderness areas from the classes of actions that normally require preparation of an EIS.

• Embraces “condition-based management,” which allows the Forest Service to authorize land management activities – usually including timber harvest – without first gathering information about the resources that would be affected on the ground.

Again, you can read the entire analysis here.

Oregon Climate Bill Leaves Out Big Timber – State’s Largest Polluter – and Instead Rewards it with More Subsides

Logs (AKA “trees” or “forests”) destined to Asia at a Weyerhaeuser export dock. Photo by Sam Beebe.

To read the full article from Dr. John Talberth, President and Senior Economist at the Center for Sustainable Economy, click here. Below is Dr. Talberth’s intro:

Extractive industries have proven adept at generating record profits, then using those same profits to protect themselves from any responsibility for cleaning up the mess they leave behind. Oregon’s timber industry is a case in point: it is the number one source of greenhouse gas emissions in the state, the biggest threat to clean drinking water supplies, and the biggest source of wildfire risk as climate change unfolds. Yet, as Oregon’s “Clean Energy Jobs” bill (HB 2020) moves out of the House and heads to the Senate, the timber industry has not only shielded itself from any restrictions, it is now being rewarded with new subsidies to add to the several hundred million dollars a year it already receives.

On June 13, 2019, the timber industry secured a late stage amendment to HB 2020, introduced by Senate President Peter Courtney (D-District 11), that ensures “wood products manufacturing facilities” do not suffer any “permanent or temporary” reductions in the “supply of wood fiber” in the carbon offsets protocols of HB 2020. This amendment is a supply side subsidy that will keep log prices down and wood to mills flowing at roughly the same pace as now. Any reductions in logging associated with forest carbon offsets would have to be made up for by increased logging elsewhere. In the technical language of offset markets, this phenomenon is called “leakage,” and is a basis for invalidating any offset proposals that do not actually result in less logging.

Slowing down the pace of clearcutting to let forests grow longer and their soils mature so they can soak up more carbon, scientists say, is one of the most important natural climate solutions we have at our immediate disposal. Yet Courtney’s amendment does the opposite: It will make our forest offsets program even worse and more ineffective than California’s.

UPDATE: ‘Militia threat’ shuts down Oregon statehouse

SALEM — A “possible militia threat” is shutting down the Oregon statehouse amid an ongoing walkout by Republican lawmakers who are blocking a vote on landmark climate change legislation with their absence.

A spokeswoman for the Senate President confirmed late Friday that the “Oregon State Police has recommended that the Capitol be closed tomorrow due to a possible militia threat.”

Gov. Kate Brown has deployed the state police to round up Republican senators who fled the Legislature — and in some cases, the state — to thwart passage of a climate proposal that would dramatically lower fossil fuel emissions by 2050.

Right-wing militia groups said they would protest at the Capitol on Saturday as lawmakers convened.

It’s unclear if the “militia threat” was related to the protest or is something additional.

Public Land Advocates: Forest Service Must Reopen Public Trails in Montana’s Crazy Mountains

Below is part of a press release from Enhancing Montana’s Wildlife & Habitat and others concerning an issue that’s been getting lots of attention in Montana.

HELENA, Mont. – A coalition of conservation-based groups filed a lawsuit on June 10 against the U.S. Forest Service to maintain traditional public access opportunities in the Crazy Mountains of Montana.

The groups’ challenge hinges on the Forest Service’s continued lack of progress and unresponsiveness in maintaining the public’s right to access public lands and waters in the Crazy Mountains. In February, the coalition submitted a letter to the Forest Service summarizing concerns over public access in the Crazies and notifying the agency of its intent to sue should access issues fail to be resolved.

“The upper levels of the Forest Service chose not to respond or address our local public access concerns and repeated complaints of obstruction,” said Brad Wilson of Friends of the Crazy Mountains, a retired Park County assistant road supervisor and deputy sheriff. “Due to the Forest Service’s negligence, we had no choice but to appeal to the court.”

The coalition contends that the public, has longstanding and permanent public access to Montana’s Crazy Mountains. The lawsuit charges that until recently the Forest Service supported and maintained the public’s access to the trails, but certain Forest Service leaders now are abdicating their duty to protect and preserve public access there. The suit specifies four trails, two on the west side and two on the east side of the mountain range, that are mapped as public trails, are well known and have been traditionally used by the public but where certain landowners now are illegally and impermissibly attempting to deny public access (Porcupine Lowline #267, Elk Creek #195, East Trunk #115/136 and Sweet Grass #122).

“Hearing about attempts to obstruct public access in the Crazy Mountains, I began over 1,100 hours of documentation, FOIA requests to the Forest Service, and historical research that verified these trails are public,” said Kathryn QannaYahu of EMWH. “Especially compelling were the county railroad grant deeds of private land, containing the words ‘easement in the public.’ What I found angered me, because the public has easement interests on these four trails, which the Service isn’t protecting on our behalf. On the contrary, they’re allowing certain landowners to attempt to obstruct public access and undermine my and the public’s ability to access historic trials in the Crazy Mountains.”

In a response to Sen. Steve Daines dated Oct. 2, 2015, Forest Supervisor Mary Erickson wrote, “The Forest Service maintains that it holds unperfected prescriptive rights on this trail system, as well as up Sweet Grass Creek to the north based on a history of maintenance with public funds and historic and continued public and administrative use.”

“The Forest Service is bound to do its job and maintain access to these trails,” said Matthew Bishop of the Western Environmental Law Center. “It’s just that simple. This means managing and maintaining the trails, replacing and reinstalling national forest trail markers and signs, and ensuring public access on our public trails in the Crazy Mountains.”

In the words of the Forest Service’s own attorneys regarding one of these trails: “Indeed, it would be irresponsible of the Forest Service to simply abandon these easement rights or fail to reflect their existence in the travel plan simply to avoid the souring of relationships between landowners and recreational groups.”

Photos and maps of the trails are available here.

Crazy Mountains Public Access FAQs