Lawsuit Challenges Pendley (AKA “Sagebrush Rebel”) Over 1.7 Million-Acre Fossil Fuel Plan in Colorado

The West Elk Mountains in the Uncompahgre Field Office are threatened by coal mining under a plan illegally approved by the U.S. Bureau of Land Management.

Stay tuned, there will be more of these lawsuits coming because of the self-described Sagebrush Rebel’s unlawful tenure directing the Bureau of Land Management.

DENVER— Climate groups filed new legal claims today challenging the federal government’s 1.7 million-acre resource-management plan (RMP) to expand fossil fuel development in southwestern Colorado, saying it should be overturned because it was approved during William Perry Pendley’s unlawful tenure directing the Bureau of Land Management (“Bureau”).

“This amendment to our challenge of the Uncompahgre RMP reflects a reality that is now established legal precedent: Pendley’s authority as bureau director is invalid and planning decisions approved on his watch are likewise invalid,” said Melissa Hornbein, staff attorney with the Western Environmental Law Center. “The RMP is blatant in its disregard of the law, and our new claim merely reflects the fact that its legal failings stem from Pendley’s unlawful leadership of the bureau.”

Today’s claims follow a court order last week overturning three Pendley resource-management plans in Montana and a September ruling that Pendley’s 424-day tenure was unlawful. The legal filing also amends the groups’ August lawsuit challenging the resource plan for the Uncompahgre Field Office, which calls for more fracking and coal mining in one of the country’s fastest-warming regions.

“This is the first step in scrubbing the stain of Pendley’s corrupt, unlawful legacy from our public lands,” said Taylor McKinnon, a senior campaigner at the Center for Biological Diversity. “Pendley has built his career on industrializing and destroying public lands. He should never have been allowed to set foot in the building.”

“It’s critical that we undo all the damage done to public lands and the climate by the Bureau of Land Management and its sham leadership,” said Jeremy Nichols, WildEarth Guardians’ Climate and Energy Program director. “By confronting the illegal fossil fuel industry giveaway that is the Uncompahgre Resource Management Plan, we’re taking the steps needed to ensure protection of these irreplaceable lands and values.”

Under Pendley the Bureau of Land Management has amended resource-management plans to enable decades of fossil fuel expansion and climate pollution on public lands across the West. Climate groups have identified unlawful Pendley decisions that include at least 16 resource-management plans and other projects that open 30 million acres of public lands to oil and gas drilling, mining and grazing in Arizona, California, Colorado, Montana, Wyoming, Texas, Oklahoma, Kansas, Idaho and Utah. The plans range from expanding coal mining in Montana and open-pit copper mining in Arizona to allowing fracking across more than 1 million acres in California — the first leases since 2013.

“The bureau’s proposal of a new preferred Alternative E, out of whole cloth, in contradiction of state recommendations, in defiance of over 50,000 public comments, and outright disregard for protests from the state of Colorado, county and municipal governments, and the public were all under Pendley’s watch,” said Natasha Léger, executive director of Citizens for a Healthy Community. “The Uncompahgre RMP should be invalidated just like the Montana RMPs under his tenure.”

Resource-management plans are 20-year blueprints for public lands that govern every activity across the landscape, including which lands are open to fracking and drilling and which areas are protected for their ecological and wildlife values. The Bureau of Land Management director has sole decision-making authority over administrative protests that raise concerns about these plans.

“These public lands are a treasured resource, valued locally for their wildlands, wildlife, and opportunities for sustainable recreation,” said Matt Reed, public lands director at Gunnison County-based High Country Conservation Advocates. “Pendley has never recognized that, and we’re thankful that his ill-conceived tenure at the bureau has come to an end.”

In his September decision saying Pendley had served unlawfully, U.S. District Judge Brian Morris ruled that any duty that Pendley performed during his 424 days as acting director of the Bureau “would have no force and effect and must be set aside as arbitrary and capricious.”

“Pendley’s dirty fingerprints are all over this plan, which will further imperil the Gunnison sage-grouse,” said Talasi Brooks, a staff attorney with Western Watersheds Project. “The public shouldn’t have to live with such terrible decisions being made by an unlawfully appointed bureau director.”

“For 424 days, William Perry Pendley illegally ran the Bureau of Land Management as a one-stop-shop catering to the interests of oil and gas companies,” said Athan Manuel, Sierra Club director of public lands protection. “The decisions made during his unlawful tenure have had real and devastating effects on our communities, our environment, and our wildlife. We deserve a bureau that will protect our public lands and waters, not advance the agenda of dirty fossil fuels.”

 

9th Circuit upholds protections for wild lands in Bitterroot National Forest

Sapphire Wilderness Study Area, Bitterroot National Forest, Montana. Photo by Friends of the Bitterroot.

The following press release was issued today by Friends of the Bitterroot, Hellgate Hunters and Anglers, Missoula Back Country Horsemen, Selway-Pintler Wilderness Back Country Horsemen, WildEarth Guardians, Winter Wildlands Alliance, Montana Wilderness Association, and Earthjustice.

Seattle, WA – Today the 9th Circuit Court of Appeals upheld protections for wilderness-quality lands within the Bitterroot National Forest in Montana against a rising tide of motorized and mechanized backcountry use. The court affirmed a 2018 Montana district court ruling which upheld the U.S. Forest Service’s 2016 Bitterroot National Forest Travel Plan against a legal challenge brought by motorized and mechanized users.

Earthjustice argued the case in defense of the 2016 Forest Plan on behalf of a broad coalition of Montanans including Friends of the Bitterroot, Hellgate Hunters and Anglers, Missoula Back Country Horsemen, Montana Wilderness Association, Selway-Pintler Wilderness Back Country Horsemen, WildEarth Guardians, and Winter Wildlands Alliance.

“The wilderness-quality lands the Travel Plan protects are important to people from all walks of life in the Bitterroot valley including hunters, fishermen, horsepackers, hikers, and skiers,” said Tim Preso, Earthjustice attorney. “The court’s decision ensures that these special places will continue to support elk and other wildlife and provide Montanans with outstanding opportunities for solitude and quiet recreation for years to come.”

“Friends of the Bitterroot is extremely pleased with this victory in court protecting mountain goats, wolverine, lynx and grizzly bears from the clear and present threats posed by motorized and mechanized recreation in Wilderness Study and Recommended Wilderness Areas on the Bitterroot National Forest,” said Larry Campbell, FOB Conservation Director. “FOB has persevered for over two decades to finally see iconic and rare wildlife given the protection they need for survival. There’s still plenty of places for people to play.”

“Today’s victory is a win for wild places and a clear rebuke of the challenge from motorized activists and those opposed to protecting wildlife habitat,” said Adam Rissien with WildEarth Guardians. “The Forest Service can now firmly reject political meddling from Sen. Daines who pressured the agency to ignore safeguards enacted in Montana’s 1977 Wilderness Study Act.”

“This plan was eight years in the making and informed by hundreds of Montanans who asked the Forest Service to protect habitat for wildlife; to ensure the headwaters of the Bitterroot River and Rock Creek remain clean and cold and its wild trout populations healthy; and to practice true multiple use in the Bitterroot National Forest,” said Erin Clark, western Montana field director with Montana Wilderness Association. “The plan leaves one third of the Forest open to snowmobiling and over 2,000 miles of road and trail open to mountain biking while adhering to the spirit and law of the Montana Wilderness Study Act.”

“Today’s ruling ensures that wild lands on the Bitterroot National Forest will remain protected in all seasons, providing refuge for wildlife and opportunities for human-powered winter adventure,” said Hilary Eisen, policy director with Winter Wildlands Alliance. “The plan strikes a fair balance between providing opportunities for snowmobiling and preserving quiet places for skiers, snowshoers, and others who seek opportunities for solitude and prefer to enjoy the backcountry at a slower pace. We’re pleased that the Court has upheld this balance.”

“The Backcountry Horsemen are delighted that these special areas will continue to be enjoyed for their quiet beauty and primitive travel by foot or horse,” said Dan Harper, vice president of the Backcountry Horsemen of Missoula Chapter.

“This ruling is a long-awaited victory for Montana’s wildlife and our conservation community,” said Walker Conyngham, president of Missoula-based Hellgate Hunters & Anglers. “Sportsmen and women recognize that the species we rely upon deserve healthy, undisturbed habitat in order to thrive. We look to this ruling as a clear precedent for preserving valuable wildlife sanctuaries like our wilderness study areas.

Judge Opens Door to Lawsuits Challenging Pendley Decisions Spanning 30 Million Acres of Public Land

Here’s a press release from WildEarth Guardians, Western Environmental Law Center, Western Watersheds Project and Center for Biological Diversity. A link to the federal judge’s motion is here and more information about the Pendley decisions the groups will seek to overturn and invalidate is here.

HELENA, Montana — A federal judge denied a motion from conservation groups late Friday to support a lawsuit involving William Perry Pendley’s unlawful tenure as acting director of the Bureau of Land Monument, opening the door to new lawsuits challenging Pendley’s decisions on land management plans and other policies. The plans allow fossil fuel extraction, mining and other industrialization across millions of acres of public lands in 11 states, including within the former boundaries of Utah’s Grand Staircase Escalante National Monument.

In September the judge ruled that Pendley’s tenure was unlawful, in response to a lawsuit by Montana Gov. Steve Bullock, and asked Bullock and the federal government to list public-lands decisions made by Pendley during that tenure. The same judge today denied a motion by the Center for Biological Diversity, Western Environmental Law Center, Western Watersheds Project and WildEarth Guardians to file an amicus brief supporting the lawsuit and submit a list of Pendley decisions that should be invalidated.

“Pendley never should have been allowed to set foot in the building, much less approve these disastrous plans that industrialize our public lands,” said Taylor McKinnon, a senior campaigner at the Center for Biological Diversity. “His corrupt, illegal anti-public-lands agenda was a train wreck for the climate, wildlife and our spectacular wild places. We’ll go to court to make sure Pendley’s illegal decisions end up in the dumpster where they belong.”

The groups will seek to overturn and invalidate Pendley’s decisions approving at least 16 resource-management plans and other projects that open 30 millions of acres of public lands to oil and gas drilling, mining and grazing in Arizona, California, Colorado, Montana, Wyoming, Texas, Oklahoma, Kansas, Idaho and Utah. The plans include expanding coal mining in Montana and open-pit copper mining in Arizona and allowing fracking across more than 1 million acres in California — the first leases since 2013.

“During his illegal tenure as acting director of the Bureau of Land Management, Pendley has wreaked havoc on public lands,” said Sarah McMillan, conservation director for WildEarth Guardians. “He, and the administration that kept unlawfully giving him authority, need to be held accountable for the damage they have done, if not in this lawsuit, then through another lawsuit or some other enforcement of the law.”

Under Pendley the Bureau of Land Management has amended resource-management plans to enable decades of fossil fuel expansion and climate pollution on public lands across the West.

“Judge Morris’s September 25 decision articulates the rationale for invalidation of an untold number of reckless decisions that were approved on Pendley’s watch,” said Melissa Hornbein, staff attorney at the Western Environmental Law Center. “While we hoped to have the opportunity to introduce a subset of those decisions into the current litigation, the denial of our motion in no way undermines the fundamental unlawfulness of those agency actions or narrows the Court’s original decision.”

Resource-management plans are 20-year management blueprints for public lands that govern every activity across the landscape, including which lands are open to fracking and drilling and which areas are protected for their ecological and wildlife values. The Bureau of Land Management director has sole decision-making authority over administrative protests that raise concerns about these plans.

In his September decision saying Pendley had served unlawfully, U.S. District Judge Brian Morris ruled that any duty that Pendley performed during his 424 days as acting director of the Bureau “would have no force and effect and must be set aside as arbitrary and capricious.”

“Judge Morris got it right when he declared Pendley’s appointment to head the BLM illegal, and pointed out that decisions made under Pendley’s direction were likewise unlawful,” said Erik Molvar, executive director of Western Watersheds Project. “We’re going to keep working to overturn these illegal decisions through other legal filings.”

Federal judge removes acting Bureau of Land Management director after finding he has served unlawfully for 424 days

Breaking news from Friday evening: William Perry Pendley, a self-described Sage Brush Rebel who questions the very existence of federal public lands, has unlawfully overseen the management of 250 million acres of federal public lands for over 400 days, according to Chief District Judge Brian Morris of the US District Court of Montana.

Federal judge removes acting Bureau of Land Management director after finding he has served unlawfully for 424 days

Washington (CNN)—A federal judge on Friday ordered acting Bureau of Land Management Director William Perry Pendley to step aside, blocking him from exercising any more authority after finding that he has served unlawfully for more than 400 days.

Chief District Judge Brian Morris of the US District Court of Montana ruled that Pendley has served unlawfully for 424 days, in response to a lawsuit brought by Democratic Montana Gov. Steve Bullock and the Montana Department of Natural Resources and Conservation. Morris additionally ruled Secretary of the Interior David Bernhardt cannot pick another person to run the Bureau of Land Management as its acting head because that person must be appointed by the President and Senate-confirmed.

The judge gave both sides of the case 10 days to file briefs about which of Pendley’s orders must be vacated.

“Pendley has served and continues to serve unlawfully as the Acting BLM Director,” Morris wrote in his opinion. “His ascent to Acting BLM Director did not follow any of the permissible paths set forth by the U.S. Constitution or the (Federal Vacancies Reform Act). Pendley has not been nominated by the President and has not been confirmed by the Senate to serve as BLM Director.”

He added, “Secretary Bernhardt lacked the authority to appoint Pendley as an Acting BLM Director under the FVRA. Pendley unlawfully took the temporary position beyond the 210-day maximum allowed by the FVRA. Pendley unlawfully served as Acting BLM Director after the President submitted his permanent appointment to the Senate for confirmation — another violation of the FVRA. And Pendley unlawfully serves as Acting BLM Director today, under color of the Succession Memo.”

Read the full article from CNN here.

An example of the U.S. Forest Service fanning fear?

I couldn’t help but notice that 15 minutes ago the U.S. Forest Service’s official twitter handle posted this tweet:

Within less than five minutes, I was able to determine the simple facts that this dramatic image:

1) Is from 6 days ago (confirm for yourself here);
 
2) Is from an intentional Forest Service back-burn operation that firefighters started with drip torches 6 days ago (confirm here); and
 

3) The vast majority of this wildfire has burned grass, brush, sage, range and some agriculture land, not “forests.” (confirm here).

And check out the satellite image of the general wildfire area below.

Do any of these facts matter? Does the U.S. Forest Service have an obligation to share these types of facts?

 

A better way to help Californians survive wildfires: Focus on homes, not trees

Thanks to the LA Times Editorial Board for saying what many environmental groups have been saying for over two decades now. Let’s stop wasting time and money (and blaming wildfires on “environmental terrorists” or “environmental extremists”) and get to work in the Home Ignition Zone with a laser-like focus! 

A better way to help Californians survive wildfires: Focus on homes, not trees
By THE TIMES EDITORIAL BOARD
SEPTEMBER 22, 2020

Firestorms in the West have grown bigger and more destructive in recent years — and harder to escape. Massive and frenzied, they have overtaken people trying to outrun or outdrive them.

Gridlocked mountain roads prevented many Paradise residents from fleeing the Camp fire, which killed 85 people in 2018. This year, more than 30 people have died in the fires in California and Oregon, and again, in many cases, people were trying to escape fast-moving blazes.

There’s much work to be done on how we protect people amid a wildfire, including how and when we advise them to evacuate. But fire experts also are considering different ways to protect communities, and some of these ideas haven’t been given their full due as options for states that increasingly find themselves under siege.

One approach, seen in a bill proposed by Sens. Dianne Feinstein (D-Calif.) and Steve Daines (R-Mont.), is to log more dead trees and dig more firebreaks, among other things. But it’s outmoded and environmentally problematic; environmental groups have attacked the bill for allowing the fast-tracking of logging permits, bypassing the normal review process, in areas far from any towns that could be threatened.

Beyond that, trying to prevent fires can lead to overgrown forests that set the stage for more catastrophic blazes. Rather than going down that road, or cutting trees and brush in order to make fires smaller and slower, the better, more scientifically based approach is to focus more on houses and less on trees.

Some of this is becoming common knowledge. Many Californians have heard the advice to install mesh screens on rooftop vents to prevent embers from getting into attic spaces, and to close off open eaves and the curves under clay tile, where embers can be trapped and smolder. The seminal work of Jack Cohen, a recently retired wildfire expert with the U.S. Forest Service, is finally being recognized: The conditions on and immediately around houses are more important to preserving lives than the conditions of the open brush or forest where the fire is centered.

“Uncontrolled, extreme wildfires are inevitable,” Cohen said.

What’s not inevitable is for houses to have wood decks and siding that give embers a chance to smolder, instead of patios and stucco exteriors. Exterior sprinklers help, too. Feinstein’s bill addresses this, with some help for fire-safe home renovations, but more as an afterthought. Sen. Kamala Harris (D-Calif.) has introduced a bill that targets community protection far more robustly.

Unlike what many people think, ground without plants can be a problem too: dead plant matter under gravel can catch fire, and wood-chip ground cover is even more dangerous. Well-planted green gardens are the best landscape for retarding fires, Cohen said, but that doesn’t have to mean heavy doses of water. Many drought-tolerant native plants are fire resistant and provide habitat for native wildlife — birds, bees and butterflies — as well.

The Escondido-based Chaparral Institute also is trying to get communities to look at smarter ways to save lives during catastrophic fires. Many communities located near vast open spaces such as national forests are rural in nature, with few routes out of town. During evacuations, cars choke the road, with the fire closing in from behind.

That’s why people shouldn’t have to leave town to be protected, the institute says. Other organizations are starting to take a similar view, especially after firefighters and law enforcement in Paradise saved the lives of 150 people by having them shelter in the parking lot of a strip mall. The fire raged around them, but they were safe. The Fire Safety Council of Mendocino County gives similar advice to residents there when evacuating might be risky.

Open, flat spaces within the community, preferably grassy, well-watered ones, could become effective areas for sheltering that might be a mile or two from people’s homes, providing a more realistic solution than expecting entire communities to drive 25 to 50 miles away, or even more. These spaces might include large playgrounds or sports fields at schools. Or cities could embrace the traditional idea of a large village green in the town center that serves as a communal gathering space for much of the year, and an emergency evacuation point during firestorms. Golf courses can perform the same function, and when placed between houses and backcountry, act as a buffer.

Forest management still has a role to play. And the state still needs to prevent residential areas from expanding any further into high-risk fire areas. But communities amid the brush exist throughout the state and must be made safer by following science. Protection from catastrophic wildfire is best done from the inside out rather than the other way around.

How the Almeda fire in Oregon became one of the most destructive

Via the New York Times: The Almeda fire left a path of destruction as it tore through the Rogue Valley in southern Oregon. About 24 hours after it started, an estimated 2,350 homes had been left in ashes. We used satellite images, videos and social media posts to track what happened.

For more information on the urban Almeda fire, and other recent Oregon wildfires, as well as information and resources on how to protect homes and communities from wildfire by focusing on the Home Ignition Zone, see this previous blog post.

Dr. James Burchfield: Solution to wildfire crisis is not more logging

The following guest opinion from Dr. James Burchfield appeared in a number of Montana newspapers over the past few days. Dr. Burchfield had a 20 year career with the U.S. Forest Service, including working as a field forester. Later, he served as the Director of the Bolle Center for People and Forests at the University of Montana and after that Dr. Burchfield was the widely respected Dean of the W.A. Franke College of Forestry and Conservation, also at the University of Montana. – mk

Solution to wildfire crisis is not more logging
By James Burchfield

It’s time to put to rest the myth that the solution to the West’s wildfire crisis is more logging. Even well-managed forest stands will burn. The primary driver of our expanded, more intense wildfire seasons is climate change. One cannot be simultaneously in favor of healthy, resilient forests while denying climate change.

Higher summer temperatures, less winter snowpack, more frequent droughts, and uncharacteristic, windy storm events are the ingredients of unstoppable wildfires. These characteristics result from human-generated greenhouse gas emissions. Unless we collectively address the root of the problem, other attempts to protect our forests will fail.

This does not mean that forest management has no role to play, for an ongoing treatment of vegetation in the Home Ignition Zone within 100 feet of buildings offers significant protection to residential structures and strategically targeted efforts to reduce fuels so that firefighters can safely contain the course of a fire can work. Yet attempting to “fire-proof” forests is a fool’s errand, since forests have evolved in the presence of fire and sustainable ecological processes depend on fire. We misunderstood fire’s role for much of the 20th century, and through a combination of excessive harvesting of large, fire-resistant trees and heroic attempts to suppress all fires we inadvertently left forests in an unusually vulnerable state to fires.

Thankfully, forest management has become more sensitive to natural processes, and modern treatments have moved away from the heavy hand of clear cuts and tried to recreate the complex mosaics of natural vegetation patterns. But the curve ball of climate change coupled with the expansion of human settlement in dry forest environments has made forest management more challenging than ever. What we don’t need are drastic approaches demanding more logging while foregoing environmental review and analysis.

Science continues to inform us of nuanced impacts of forest interventions. For example, recent research has shown that many forest fuel treatments that focus on thinning do not improve forests’ ability to absorb carbon because they remove so many trees that overall photosynthesis diminishes. However, forest treatments in some forest types that are developed to retain and recruit large trees — sometimes through combinations of harvest and prescribed burning — can over the long term lead to carbon-absorbing, more fire-resilient forests. We can develop these projects through careful, site-specific design, but they are not a panacea.

Unfortunately, all the forest management in the world won’t stop forests from burning at higher levels unless we turn down the heat. We can also help our cause by being responsible landowners and controlling the growth of new human developments in fire prone ecosystems. Yet the real solution depends on shortening the fire season, reducing summer temperatures, and keeping the water cycle intact. This implies a real commitment to climate action, and the recently signed Montana Climate Change Action Plan is a valuable first step. Let’s not be lured into counterproductive schemes that result from our dismay from this difficult fire season. We all need to put our shoulder to the wheel to reduce our carbon footprint and tackle climate change. Our forests depend on it.

Before retiring, James Burchfield worked as a field forester for the Forest Service and served as Dean of the W.A. Franke College of Forestry and Conservation at the University of Montana.

REPOST: USFS research confirms most CA fires occur in areas of WUI with sparse vegetation, but more people

Photo by LA Times

[NOTE: I wrote the following post on this blog on October 23, 2019 highlighting new research by a U.S. Department of Agriculture Forest Service scientist and University of Wisconsin-Madison partners. I’m reposting it 11 months later because it seems relevant to many of the recent discussions on the blog.]

This morning I got an email from U.S. Forest Service Research News, which including a link to this new research from the USFS and partners concerning wildfires in California.

While the research may be surprising to some, it’s not at all surprising to many of us who have said the same thing going back a few decades now. We’ve had perhaps over a hundred debates about this on the blog over the years. Heck, Dr. Jack Cohen’s research documented much of this going back into the 1980s, if not even earlier. Richard Halsey and his California Chaparral Institute have been also talking about these issues for at least 20 years. And those of us who’ve been branded as “environmental terrorist groups” – and blamed for California wildfires by the likes of former Interior Secretary Ryan Zinke – have been also trying to get the public and policy makers to understand the dynamics at play for decades as well.

Remember, it’s been very common for politicians from through the country (but especially the West) to use wildfires in California as the reason why we need to dramatically increase logging on our public lands by systematically weakening bedrock environmental laws. While that may make for good politics when people turn on their TV’s and see flames, it doesn’t make for good policy that will protect communities, firefighters and save lives and money.

Most California Fires Occur in Area of Wildland-urban Interface with Less Fuel and More People

Madison, WI, September 24, 2019 – In California, the state with more building destruction by wildfire than all of the other states combined, new research by a U.S. Department of Agriculture Forest Service scientist and University of Wisconsin-Madison partners found something surprising. Over nearly three decades, half of all buildings destroyed by wildfire in California were located in an area that is described as having less of the grasses, bushes and trees that are thought to fuel fire in the wildland-urban interface, or WUI.

The study by H. Anu Kramer with Forest Service scientist Miranda Mockrin and colleagues, “High wildfire damage in interface communities in California,” notes that a portion of the WUI defined as “interface” and characterized by having more homes but relatively little wildland vegetation experienced half of the building losses due to wildfire but composed only 2 percent of the total area burned by the wildfires assessed in the study. The study was recently published in the International Journal of Wildland Fire and is available at: https://www.nrs.fs.fed.us/pubs/58348

California’s expansion of housing within and adjacent to wildland vegetation is not unique; the most recent assessment shows that the WUI now includes about one-third of homes in the United States. As wildfire management has become more complex, costly and dangerous, defining what constitutes WUI and defining more specific types of WUI has become more important as local communities strive to apply resources and policy-decisions where they will be most effective in saving lives and property.

The Federal definition of WUI describes two specific areas: “interface” WUI includes developed areas that have sparse or no wildland vegetation, but are within close proximity of a large patch of wildland. “Intermix” WUI, on the other hand, is defined as the area where houses and wildland vegetation directly intermingle. Both are separate from “rural” areas, which may be characterized by agricultural land and low-density housing and development (less than 1 house per 40 acres).

“Our findings show that WUI areas do experience the vast majority of all losses, with 82 percent of all buildings destroyed due to wildfire located in the WUI,” Mockrin said. “We were surprised to find 50 percent of all buildings lost to fire being destroyed in the interface portion of the WUI, however. Many risk reduction plans focus on natural vegetation fueling fire, but in the interface WUI where so much of the destruction is occurring, we have to consider finer-grained fuels such as wood piles, propane tanks, and cars.”

Study findings suggest that wildfires are still rare in urban areas. The Tubbs fire that struck Santa Rosa, Calif., in 2017 was similar to other California wildfires in that the majority of buildings lost in the fire were located in the WUI; however, the Tubbs Fire was unique in having 25 percent of all destruction occurring in urban areas. In comparison, 4 percent of destruction occurred within urban areas in other California fires. Other recent and highly destructive fires, including the 2018 Carr, Camp and Woolsey fires, included no urban area within their perimeters, exemplifying the rarity of the Tubbs’ building destruction in urban areas.

“Although the Tubbs fire was not the norm, it seems like every fall there is a new record-setting fire in California, with three of the five most destructive fires in state history having burned in the last 5 years and the deadliest California fire (the Camp fire) burning last year,” Kramer said. “These fires are fueled by the homes themselves, landscaping, and other man-made fuels that are seldom included in the fire models that are used to predict these fires. Our work highlights the importance of studying and mitigating the fuels in these interface WUI areas in California where most of the destruction is occurring.”

In addition to solidifying definitions of interface and intermix WUI so communities can address their different attributes in wildland fire planning, researchers suggest that fire behavior models should be revisited.

The study was co-authored by Volker Radeloff of the University of Wisconsin-Madison and Patricia Alexandre of the University of Lisbon.

Wildfires Burning in Heavily Clearcut, Logged and Roaded Parts of the Oregon Cascades

This post isn’t meant to serve as a be-all and end-all piece about all wildfires in general. Rather, it’s more specifically about the current Oregon wildfires burning in clearcut, heavily logged, and roaded areas of the Oregon Cascades. While these images and videos certainly don’t tell the entire story, they do tell part of the story—and a very important part of the story, I’d argue. I plan on adding to this post as time permits, so please keep that in mind.

As many of us know, different ecosystems burn differently. High severity fires are natural, normal and expected in some ecosystems, not so much in others. It’s important to remember that many of the largest and most destructive wildfires in recent years—in terms of human lives and structures lost—were not even “forest” fires at all, but rather more urban fires that raced through neighborhoods and communities surrounded by dry grass, brush, shrubs, and chaparral. Many of these fires also had little to do with federal public lands. However, all of these deadly fires have been pushed by heavy winds during a period of prolonged drought and record high temperatures.

The horrific Almeda fire, which started on September 8 during very high winds and blasted through Talent and Phoenix, Oregon, burning down 2,357 residential structures, had zero to do with forests and public lands, for example. Here’s what a Talent, Oregon evacuee, and scientist, Dr. Dominick DellaSala, wrote in the aftermath of that tragic wildfire.

The wildfires highlighted below all burned primarily within “stand-replacing fire regimes,” which means they are forests that typically—and naturally—experience infrequent, but severe fires. When fires in “stand-replacing fire regimes” take off and expand exponentially, they are always weather-driven—fierce winds, high temperatures and very low humidity. Let’s take a look at some of the landscapes that have burned in the Oregon Cascades since Labor Day weekend.


The image above is of the 170,000 acre Holiday Farm Fire, which started on the evening of September 7 during raging winds. I got the image from Firefighters United for Safety, Ethics & Ecology. The current fire perimeter is in red and as you can clearly see the fire has burned through an extremely heavily clearcut and logged part of the Oregon Cascades.

While the cause of this wildfire is currently under investigation, the Oregonian reported on September 17 that “residents told the Oregonian/OregonLive that the blaze was preceded by a power outage, a loud explosion and a shower of blue sparks from an electric line near milepost 47 on Oregon 126 – the exact location where state officials have pinpointed the start of the fire.”

According to Oregon Wild “A whopping 76% of the Holiday Farm Fire area was previously logged” (See: shades of red on the map below).

Speaking of the southwest part of the Holiday Farm Fire. Kevin Matthews flew over what is now the south edge of this fire on July 24, six weeks before the wildfire. Matthews is a former Lane County Commissioner candidate. Below is his video.

 


Moving further south, above is an image of the Archie Creek Fire burning northeast of Roseburg.


Above is an image of the Beachie Creek Fire directly north of Mill City. Fire officials confirmed that at least 13 of the fires that fed this blaze during the high wind event on Monday were caused directly by downed power lines. These fires spread very quickly fanned by what is essentially the Oregon Cascade’s equivalent of the So Cal’s Santa Ana winds or the Bay area’s Diablo winds, all of which have caused considerable damage and huge wildfire runs.

Directly above is the same general image of the Beachie Creek Fire area north of Mill City, but without the wildfire overlay so you can more clearly see how heavily logged and roaded this area is. The rest of the country may not realize it, but the Santiam River watershed and the McKenzie River watershed where the Holiday Farm Fire ripped through, as some of the most heavily logged landscapes in Oregon, which is one of the most heavily logged states in the country.

UPDATE 10/1/2020: A class action lawsuit filed against Pacific Power alleges the utility’s failure to shut down its power lines amid a historically dangerous storm caused wildfires that devastated the Santiam Canyon on Labor Day evening.

“Despite being warned of extremely critical fire conditions, Defendants left their powerlines energized,” the lawsuit says. “Defendants’ energized powerlines ignited massive, deadly and destructive fires that raced down the canyons, igniting and destroying homes, businesses and schools. These fires burned over hundreds of thousands of acres, destroyed thousands of structures, killed people and upended countless lives.” Read the full story here.

All of the wildfires highlighted above, including the Riverside Fire, burned within “stand-replacing fire regimes” within the west (i.e. “wet”) side of the Cascades. These are NOT “open, parklike stands of ponderosa pine” that may have historically burned more frequently and generally at low to moderate severity (and even at high severity when conditions were right (like maybe during a megadrought, record high temps and heavy winds…sound familiar?).

What does current science say about the forests within these “stand-replacing fire regimes” and potential “management options?” Here’s a 2018 “Innovative Viewpoint” by some of the top minds in the country on this topic:

The nature of the beast: examining climate adaptation options in forests with stand‐replacing fire regimes.

ABSTRACT: Building resilience to natural disturbances is a key to managing forests for adaptation to climate change. To date, most climate adaptation guidance has focused on recommendations for frequent‐fire forests, leaving few published guidelines for forests that naturally experience infrequent, stand‐replacing wildfires. Because most such forests are inherently resilient to stand‐replacing disturbances, and burn severity mosaics are largely indifferent to manipulations of stand structure (i.e., weather‐driven, rather than fuel‐driven fire regimes), we posit that pre‐fire climate adaptation options are generally fewer in these regimes relative to others. Outside of areas of high human value, stand‐scale fuel treatments commonly emphasized for other forest types would undermine many of the functions, ecosystem services, and other values for which these forests are known. For stand‐replacing disturbance regimes, we propose that (1) managed wildfire use (e.g., allowing natural fires to burn under moderate conditions) can be a useful strategy as in other forest types, but likely confers fewer benefits to long‐term forest resilience and climate adaptation, while carrying greater socio‐ecological risks; (2) reasoned fire exclusion (i.e., the suppression component of a managed wildfire program) can be an appropriate strategy to maintain certain ecosystem conditions and services in the face of change, being more ecologically justifiable in long‐interval fire regimes and producing fewer of the negative consequences than in frequent‐fire regimes; (3) low‐risk pre‐disturbance adaptation options are few, but the most promising approaches emphasize fundamental conservation biology principles to create a safe operating space for the system to respond to change (e.g., maintaining heterogeneity across scales and minimizing stressors); and (4) post‐disturbance conditions are the primary opportunity to implement adaptation strategies (such as protecting live tree legacies and testing new regeneration methods), providing crucial learning opportunities. This approach will provide greater context and understanding of these systems for ecologists and resource managers, stimulate future development of adaptation strategies, and illustrate why public expectations for climate adaptation in these forests will differ from those for frequent‐fire forests.

For those who aren’t familiar, “forests with stand‐replacing fire regimes” include many forests in the West Cascades region of Oregon and Washington, much of the Coast Range of Oregon and Washington, much of forested landscape within the Northern and Central Rockies, as well as the Southern Sierras, especially forests found at upper elevations in these regions.

Next, let’s move way out of the forests and into the Home Ignition Zone (HIZ). According to the National Fire Protection Association, “The concept of the Home Ignition Zone was developed by USDA Forest Service fire scientist Dr. Jack Cohen in the late 1990s, following some breakthrough experimental research into how homes ignite due to the effects of radiant heat.” The HIZ is divided into three zones. 1) Immediate zone: The home and the area 0-5’ from the furthest attached exterior point of the home; defined as a non-combustible area; 2) Intermediate zone: 5-30’ from the furthest exterior point of the home; and 3) Extended zone: 30-100 feet, out to 200 feet.

For over two decades, the forest protection community and forest activists have been imploring people to follow Dr. Jack Cohen’s research and heed his advice on how to protect homes and communities from wildfires. I’ve spoken with Dr. Cohen numerous times about his research, as he was based here in Missoula. We’ve invited him to speak at numerous public presentations and panels. I’ve worked with him and recorded his power-point presentation for community access TV channels and we’ve mailed about 100 of his of videos to libraries across the American West for free check-out. In 2003, I produced a newspaper primer featuring Dr. Cohen’s research and recommendations and paid to have them inserted in over 500,000 papers in rural communities across the West. Countless other forest protection groups and activists also educated the public about effective Home Ignition Zone defense measures over the past 20 years. 

Meanwhile, for over two decades, pro-timber industry politicians have largely exclusively called for more public lands logging with less environmental oversight, less scientific analysis, fewer protections for wildfire, and no real focus on immediately around homes. Coincidently, most all of these same pro-timber industry politicians are also pro-oil and gas and pro-coal politicians. I can think of few examples of these pro-timber industry politicians, or timber mill owners and logging industry lobbyist for that matter, sharing the research of recommendations of Dr. Jack Cohen with members of the public.

However, I can think of lots of examples of these same pro-timber industry politicians blaming wildfires this year—and in every recent year I can remember since the mid-1990s—on “environmental terrorist groups,” “environmental radicals,” “fringe groups,” and “environmental extremists.”

Of course, this is not to say that there are not some good people in the “timber industry” that get it. One such person is my friend Mark Vander Meer of Bad Goat Forest Products in Missoula, someone I literally can’t say enough good things about. Not only is Mark a logger, but he’s a certified soils scientists who also runs a successful watershed consulting business. We’ve partnered with Mark and his team a number of times over the years to do bona-fide forest restoration and watershed work. For a couple of years, I raised funds to hire Mark’s crew and we all teamed up with the West End Volunteer Fire Department to create defensible space on private land around the DeBorgia, MT community through education, action, and fellowship. We followed Dr. Cohen’s Home Ignition Zone principles and focused our work around the homes of folks who were elderly or couldn’t do, or pay for, the work themselves. Here are some scenes from that work in 2006 and again in 2007.  Mark is the guy in the photos who might be able to moonlight as Santa Claus at your local department store this winter.

Make sure to also read this excellent, thoughtful, and science-based perspective on the Oregon wildfires from Ben Deumling of Zena Forest Products. Thanks so much for Susan Jane Brown for sharing this piece in the comments section here. It really deserves more attention, so please check it out and share it with people you know. Here’s some of what Ben had to say:

“The question I hear over and over is did bad forest management cause the Labor Day fires? In a word: no. The data shows that a combination of strong east winds and extremely low humidity are what caused these fires. Plain and simple. 30-40 mph winds from the east blew for over 24 hours, bringing record low humidity in the single digits to the region….Short of scraping the land bare, there is no type of forest management that could have stopped these fires. Having a discussion about the type of forest management that we as Oregonians want on both our public and private forestlands is important. Good forest management can indeed help to slow less severe fires and reduce the loss from a fire when it does burn. But those conversations are moot in this particular context.”

Again, the information presented here certainly doesn’t tell the entire story, but it does tell a part of the story. Just a reminder that I will be adding to this post as time permits.

BLOGGERS BONUS: Below is a pre-fire image of the landscape where part of the 280,000 acre North Complex Fire in California has burned this year. Yes, I know this isn’t in the Oregon Cascades. By acres, it’s the 6th largest fire in state history. Maybe Trump is right and America does have a “forest management problem.” [Note: These are clearcuts…miles and miles and miles of clearcuts]