Suit filed to overturn sale of nearly 41,000 acres of public lands for fracking

This is sort of a counterpoint post to the one below about “Renewable Energy on Federal Lands.” Consider it an example of “Non-Renewable Energy on Federal Lands.” It’s a press release from a coalition of Tribal, grassroots, environmental and public health advocates.

Santa Fe, NM–A coalition of Tribal, grassroots, and environmental and health advocates today filed suit to overturn the sale of nearly 41,000 acres of public lands in the Greater Chaco region of northwest New Mexico for fracking.

In a complaint filed in federal court, Diné Citizens Against Ruining Our Environment, WildEarth Guardians, San Juan Citizens Alliance, the Sierra Club, and the Western Environmental Law Center confronted the Trump administration’s disregard for health, environmental justice, and the climate.  The case challenges a December 2018 sale of public lands for fracking in northwest Sandoval County, which is part of the Greater Chaco region of New Mexico.

“This lease sale will have a direct impact on the Diné communities of Ojo Encino, Torreon and others,” said Wendy Atcitty with Diné C.A.R.E. “Within the nearly 41,000 acres of lease sale parcels are four to five municipal wells that provide water to Ojo Encino, Torreon, Pueblo Pintado, and White Horse Lake. So far, the Bureau has failed to address health concerns, air and water quality concerns, or provide opportunities for meaningful public participation in this whole process. The health of our communities needs to come first.”

The Greater Chaco region has been under siege by fracking for years. With Chaco Canyon at its heart, the region is home to Navajo communities and Pueblo people today hold strong ties to the region.

In spite of its cultural significance, the U.S. Bureau of Land Management has approved hundreds of new oil and gas wells in the region, many near Chaco Culture National Historical Park. Even after a federal appeals court held in 2019 that the Bureau illegally approved hundreds of drilling permits, the Bureau has continued to approve more fracking.

“The Bureau of Land Management continues to run roughshod over the Greater Chaco landscape by sanctioning an unprecedented amount of industrialized fracking having never analyzed the impacts of these activities on communities or the climate,” said Rebecca Sobel with WildEarth Guardians. “In the midst of a pandemic, we are forced back to court to defend Diné communities that continue to suffer from oil and gas impacts and related COVID-19 morbidity–more victims of the administration’s ‘energy dominance’ agenda.”

Today’s lawsuit targets the sale of lands for fracking in northwest Sandoval County, which is part of the Bureau of Land Management’s Rio Puerco Field Office. The suit challenges the failure of the Bureau to address the health, climate, and environmental justice impacts of fracking in the Greater Chaco region.

The Bureau of Land Management sidestepped its public involvement process and also failed to take a hard look at environmental justice impacts. The Bureau also failed to adequately analyze the effects of oil and gas drilling on the health of nearby residents. The agency ignored the disproportionate health and safety risks of fracking and drilling–especially cumulative impacts–to Navajo people and communities in the lease sale area.

“It is both unethical and unlawful for the agency to ignore the inequities and injustices inherent to its oil and gas program,” said Ally Beasley with the Western Environmental Law Center. “These inequities and injustices are not incidental–they are structural, systemic, and part of a historical, ongoing pattern and practice of environmental racism, colonialism, and treatment of the Greater Chaco as an energy sacrifice zone. It has to stop.”

The suit also targets the fact that the management plan for the Rio Puerco Field Office, which was adopted in 1986, never authorized fracking. In 2019, a coalition called on the Bureau of Land Management to halt the sale of lands for fracking in the Field Office.  The agency never responded.

“The Bureau continues irresponsible oil and gas leasing that cuts out public participation and any comprehensive analysis of what would transpire on the landscape and in communities when oil and gas development would occur,” said Mike Eisenfeld of San Juan Citizens Alliance. “We appreciate the commitment of organizations associated with this litigation to address inequities and agency indifference to upholding their responsibilities.”

“Today’s filing underscores the need to hold to account the Trump administration’s Bureau of Land Management for its repeated illegal actions that bypass thorough environmental reviews and cultural resource assessments, ignore public input, and sideline meaningful Tribal consultation in its oil and gas leasing program,” said Miya King-Flaherty with the Sierra Club – Rio Grande Chapter. “The Greater Chaco landscape continues to be desecrated, and the environmental injustices perpetrated in this region must stop.”

A 2018 U.S. Geological Survey report found that oil and gas produced from public lands and waters contributes to 10 percent of all U.S. greenhouse gas emissions. And a 2018 report by the Stockholm Environmental Institute confirmed that ending public lands fossil fuel production could significantly reduce nationwide greenhouse gas emissions.

Ending the sale of public lands for fracking would also yield enormous health benefits. In addition to the industry’s climate impacts, the fracking science compendium released in June 2019 by Physicians for Social Responsibility and Concerned Health Professionals of New York confirmed extensive health risks associated with oil and gas extraction, including cancer, asthma, pre-term birth, and more.

Public lands are under widespread attack, just when our need for them is greater than ever

The following guest post was written by Chris Krupp, WildEarth Guardians’ Public Lands Guardian. Chris grew up playing in the fields and woods of his grandparents’ dairy farms in central Wisconsin. He received his J.D. from the University of Washington and his B.A. in Economics from Lawrence University. Prior to joining WildEarth Guardians, Chris was staff attorney for Western Lands Project for fifteen years. He enjoys camping and hiking with his family, as well as vegetable gardening and cooking. – mk

The Covid-19 pandemic has brought to light the importance of wild places in all our lives. Yet the Trump administration is intent on their destruction through unmitigated extractive uses such as oil and gas development, mining, logging, and grazing to benefit private industries.

Wild places—most of which, at least in the U.S., are on public lands—safeguard and improve public health in numerous ways. Studies confirm what is intuitive to anyone enjoying a beautiful day in nature: greater contact with the natural world reduces stress, anxiety, and depression, as well as physical manifestations that often accompany these conditions.

Paradoxically, wild places keep us healthy by limiting our exposure to nature’s ills by creating a physical buffer between human populations and the wildlife that can transfer bacteria and viruses. Covid-19 is not the only recent example of a disease existing in the wild prior to jumping to humans—Lyme disease in the U.S. and the Ebola virus in Africa have been traced to human encroachment upon wild places. Lyme disease, which is transmitted to humans through the bite of ticks infected with a particular species of bacterium, was first diagnosed in Connecticut in 1976. Its current prevalence is thought to be the result of the expansion of suburban neighborhoods into formerly wooded areas and an accompanying reduction in predator populations that control the numbers of deer and rodents that normally host the ticks.

More broadly, wild places support greater biodiversity than places where humans have a heavier presence on the land. And biodiversity gives resilience to the natural systems and cycles that make the planet habitable to humans, as healthy, species-rich ecosystems adapt more easily to stressors such as climate change. It’s no exaggeration to say there’s no humanity without biodiversity.

Wild lands are also carbon sinks that capture and store carbon dioxide from the atmosphere—especially forests, though grasslands and deserts store significant amounts of carbon as well. Preservation, and even expansion, of wild places will be crucial in tempering the extent of climate change.

At a time when the need for wild places and public lands is so clear, it’s infuriating and illogical that the Trump Administration is pushing hard for the removal of protections for endangered speciesclean air and water, and public participation in land management decisions, all while federal land management agencies are ramping up efforts to drillminegraze and cut trees on public lands across the West. In Utah, the Bureau of Land Management is plowing ahead with plans to offer more than 100,000 acres of public lands near Canyonlands and Arches national parks for oil and gas leasing. The Trump administration has proposed reopening public lands on the north rim of the Grand Canyon to uranium mining despite a 2012 moratorium imposed to prevent further poisoning of the landscape. In an effort to push projects through faster and with less public oversight, the Bureau of Land Management and Forest Service announced they will no longer analyze the environmental or public health impacts of vast categories of extractive uses—including fossil fuels, logging and grazing—that generate corporate profits at the expense of public lands and human health. Capitulation to the extractive industries has also had a disproportionate impact on low incomeBlackIndigenous and People of Color communities. Every extractive industry seems to be getting a sweetheart deal, while vulnerable communities, wildlands, wildlife, wild rivers, and public health bear the consequences.

In the recent past, we have seen states and extractive industries pushing for the transfer of public lands into private or state hands that don’t have to comply with all the federal environmental laws that protect the lands, waters, species, and neighboring communities. Yet advocates for public lands privatization or “transfer” to the states have been surprisingly silent during the coronavirus pandemic. Maybe they’re self-aware enough to know their perceived grievances won’t register with a country currently grappling with systemic racism, a public health crisis, and economic dislocation.

Or maybe they remember that past efforts to legislate the mass sale or transfer of public lands to states or private industries have been overwhelming failures. In 2012 Utah enacted the Transfer of Public Lands Act, which demanded that the United States “extinguish title to public lands and transfer title to those public lands to the state on or before Dec. 31, 2014.” The federal government has not felt compelled to respond to the absurd demand. Utah later passed a bill to authorize a lawsuit against the U.S. to “take back” those same public lands. It’s amounted to nothing, other than lining some lawyers’ pockets. And in 2017, then-Representative Jason Chaffetz (R-Utah), after facing widespread public outcry, was forced to withdraw his bill to sell off millions of acres of public lands across the West.

As a result of these past failures, conservative lawmakers and industry proponents have looked to alternative means to make it easier for extractors and developers to exploit public land resources. That’s largely what we’re seeing now: the effective privatization of public lands by weakening the regulatory safety nets that protect wildlands, waters, species, and public health; as well as the removal of public oversight from agency decision-making. It should come as no surprise the Secretary of the Interior was a long-time industry lobbyist who advocated for privatization, reduced public oversight, and weakened environmental laws. Or that the person Trump finally nominated for Bureau of Land Management Director is a dyed-in-the-wool racist climate-change-denying sagebrush rebel.

Despite the recent silence, we shouldn’t expect those who’ve clamored for privatization or state control to keep quiet for long. The issue is too central for its proponents, and the pandemic’s aftermath may offer new pretexts for privatization and state control: boosting government revenue and restarting national and local economies.

Photo by USFS.

The arguments that environmental laws are too burdensome and that public lands have been “locked up” by “Washington bureaucrats” for too long are as short-sighted as ever. But with states facing budgets in shambles and unprecedented unemployment, privatization or transfer may appeal even to those who normally see this scheme for the plundering of public resources it is. We cannot afford to let down our guard.

Public lands in public hands means we all share in the benefits public lands provide—clean water, clean air, recreation, physical and mental health, hunting, fishing, birdwatching, biodiversity, protection against disease, protection of historic and cultural resources, and moderation of the impacts of climate change. Just as important, public lands in public hands means we can all participate in planning and making decisions for how public lands are managed for future generations, through laws such as the National Forest Management Act and the National Environmental Policy Act.

For now, we maintain the right to determine whether public lands protect us from disease, or bring it to our doorstep; help us adapt to climate change, or contribute to the crisis; provide refuge for wildlife, or serve as a feedlot for livestock. We must remain vigilant in our defense of public lands against effective or actual privatization by those who seek to destroy them for private gain. Luckily, Guardians, our supporters and our conservation allies are fighting tooth and nail to keep existing environmental safety nets in place. We will continue to do so, and hope you will continue to join us.

Notes from the Greater Gila Bioregion

Deep in the heart of the American Southwest lies the Greater Gila Bioregion, a place that is larger and more biodiverse than Yellowstone, as rich in cultural history as Bears Ears, as wild as the Frank Church-River of No Return Wilderness, and the birthplace of the wilderness ideal. WildEarth Guardians believes that the Greater Gila can and should be America’s next, great protected landscape. Photo by Leia Barnett.

The following piece was written by Leia Barnett, Greater Gila Campaigner with WildEarth Guardians. – mk

Last week, I fell in love with country. Not This Country. Not Our Country. Simply country. I perched atop peaks above 10,000 feet and peered out across distances incomprehensible. I squatted beside rivers that swayed and snaked for hundreds of miles, wild from source to sea, flexing their hydrologic muscle to carve canyons and move mountains. I star-gazed, open-mouthed and full of wonder, remembering what’s small and what’s precious and what’s worthy of protecting. I saw black hawks and blue jays and arching sycamores and barking elk and trundling bears and trotting wolves. Yes, trotting wolves! Three of them to be precise. Yipping and stalking and howling and moving something inside me that once was wild and fiercely free.

All in the Gila, that seemingly eternally unfolding expanse of hills and vales and mountains and vistas and wild silences that spread themselves across southwestern New Mexico and southeastern Arizona, what we at WildEarth Guardians refer to as the Greater Gila Bioregion. This is a landscape long inhabited by the Mimbres and Mogollon cultures, and later the Apache, Navajo, Acoma, and Zuni. This place is anciently sacred, humming with the footsteps of Native Ancestors seeding Indigenous Knowledge Traditions deeply prescient for their time. This is a place ecologically abundant, tending to a biodiversity greater than that of Yellowstone. This is a landscape that has known a fire regime and management practices more progressive than anywhere else in the West, where the long-lived cycle of over-grow-burn-regenerate has been allowed to persist with minimal human intervention. This is country wild, where humans have come since time immemorial to travel softly and fit themselves snuggly into the astounding web of living selves, to rest beside Mogollon Death Camas and Mimbres Figwort, to gaze upon Gila chub and Loach minnow, to become, once again, quiet dwellers rather than raucous extractors.

This is the country we need. It requires no undiscerning patriotism, no flaring bias or political unilateralism. It only asks that we give our attention to a greater sense of self, that we assume our membership in this grand community of bipeds and four-leggeds and root-growers and wing-flappers, and that this membership rise to the top of our list of things to be tended to. You may leave your flag and your fearful ideologies at home. Come with me to the Gila, where we may all, once again, fall in love with country. 

Greater Yellowstone Grizzlies to Stay on Endangered List

Grizzly bear photo by Sam Parks.

One would suspect that this ruling will have a significant impact on many U.S. Forest Service forest plan revision processes currently on-going in Montana, Idaho and Wyoming. Here’s a press release from Western Environmental Law Center and WildEarth Guardians, which is also pasted below.

MISSOULA, Mont. —Today, the Ninth Circuit Court of Appeals rejected the Trump administration and state of Wyoming’s appeal of a 2018 decision restoring endangered species protections for the Greater Yellowstone Ecosystem population of grizzly bears. The original decision halted states’ planned trophy hunts in the ecosystem, which would have harmed other imperiled populations of grizzly bears.

WildEarth Guardians, represented by the Western Environmental Law Center, one of the plaintiffs and victors of the original lawsuit, played a central role in the appeal process, one of the first COVID-19 “virtual court hearing” scenarios.

The Greater Yellowstone Ecosystem population of grizzly bears in Idaho, Wyoming, and Montana totals about 728 animals, up from its historic low of 136 when endangered species protections were enacted in 1975. In the original case, opponents of federal protections for grizzly bears argued that protections were no longer necessary and that a sport hunting season to effectively manage down the population was justified despite the fact that the population represents only a fraction of its historical abundance, and has yet to achieve connectivity to neighboring populations near Glacier National Park and elsewhere.

The recovery of other grizzly bear populations depends heavily on inter-population connectivity and genetic exchange. Absent endangered species protections, dispersing grizzlies essential to species recovery would have to pass through a killing zone outside Yellowstone and Grand Teton National Parks where Wyoming and Idaho rushed to approve trophy hunts.

“Grizzlies require continued protection under federal law until the species as a whole is rightfully recovered,” said Matthew Bishop, attorney at the Western Environmental Law Center. “The best available science says not only are grizzly bears still recovering, but they also need our help to bounce back from an extinction threat humans caused in the first place. Misrepresenting the facts to promote killing threatened grizzly bears for fun is disgraceful. I’m glad the judges didn’t fall for it.”

The Ninth Circuit agreed with the original ruling that the delisting was premature, did not rely on the best available science, and improperly failed to analyze the impact killing grizzlies just outside the safety of Yellowstone and Grand Teton National Parks would have on other imperiled populations in the lower 48 states. The Ninth Circuit wrote: “…because there are no concrete, enforceable mechanisms in place to ensure long-term genetic health of the Yellowstone grizzly, the district court correctly concluded that the 2017 Rule is arbitrary and capricious in that regard. Remand to the FWS is necessary for the inclusion of adequate measures to ensure long term protection [p. 45].”

“WildEarth Guardians applauds the decision of the 9th Circuit Court—a triumph of science over politics—in ensuring that Yellowstone grizzly bears are allowed to truly recover and thrive,” said Sarah McMillan, conservation director for WildEarth Guardians. “Grizzly bears are an iconic species whose very existence is intertwined with the concept of endangered species protection in the United States. This decision solidifies the belief of numerous wildlife advocates and native tribes that protecting grizzly bears should be based upon science and the law and not the whims of special interest groups, such as those who want to trophy hunt these great bears.”

Grizzlies in the Yellowstone region remain threatened by dwindling food sources, climate change, small population size, isolation, habitat loss and fragmentation, and high levels of human-caused mortality. The Yellowstone population is isolated and has yet to connect to bears elsewhere in the U.S., including to bears in and around Glacier National Park. Grizzlies also have yet to reclaim key historic habitats, including the Bitterroot Range along the Montana-Idaho border.

Hunted, trapped, and poisoned to near extinction, grizzly bear populations in the contiguous U.S. declined drastically from nearly 50,000 bears to only a few hundred by the 1930s. In response to the decline, the U.S. Fish and Wildlife Service designated the species as threatened under the Endangered Species Act in 1975, a move that likely saved them from extinction. The species has since struggled to hang on, with only roughly 1,800 currently surviving in the lower 48 states. Grizzlies remain absent from nearly 98 percent of their historic range.

A copy of today’s ruling is here: http://pdf.wildearthguardians.org/support_docs/2020.07.08-Grizzly-Appeal-Decision.pdf

Nevada Court Protects Bi-State Sage-Grouse From Off-Road Vehicles in the Humboldt-Toiyabe National Forest

The Bi-State sage-grouse population is isolated from all other sage-grouse populations in a unique area in the Mono Basin along the California-Nevada border. Photo by USFWS.

RENO, Nev. – In a decisive win for Bi-State sage-grouse, the Nevada District Court today denied off-roaders’ attempts to gut protections for the imperiled bird in the Humboldt-Toiyabe National Forest.

Conservation groups had intervened to defend U.S. Forest Service measures that protected the bird’s breeding and nesting habitat from motorized rallies and contests by requiring  buffers and seasonal limits to racing in the area.

“The Forest Service restrictions preventing a 250-mile dirt-bike rally through the middle of sensitive Bi-State sage-grouse habitat in the middle of the breeding season were based in sound science and responsible land stewardship,” said Erik Molvar, executive director with Western Watersheds Project. “That kind of motorized mayhem isn’t multiple use, it’s wildlife abuse. Public lands are some of the last remaining habitat for the Bi-State sage-grouse, and the public interest is best served by prioritizing these habitats for sage-grouse conservation, not motorbike rallies.”

The lawsuit, brought by the Sierra Trail Dogs Motorcycle and Recreation Club (STD), sought to strike down a forest plan amendment that blocked motorcycle and off-road vehicle races and contests in sage-grouse breeding and nesting habitats during the spring and early summer, when those areas are most important for sage-grouse nest success and chick survival. Today’s ruling means the club must abide by the Forest Service requirements.

“It’s troubling that an off-road group tried to put its own convenience and hobby ahead of the survival of native wildlife,” said Scott Lake, Nevada legal advocate at the Center for Biological Diversity. “Thankfully the court wisely struck down this attack on common-sense sage-grouse protections. The Forest Service is doing the right thing to protect these beautiful birds, which are teetering on the brink of extinction.”

The Bi-State sage-grouse population is isolated from all other sage-grouse populations in a unique area in the Mono Basin along the California-Nevada border. There are an estimated 3,305 total birds, far below the 5,000-bird minimum viable population threshold established by sage-grouse experts. Conservation groups are also in court to challenge the denial of Endangered Species Act protections for the Bi-State sage-grouse, citing plummeting populations and ongoing threats from livestock grazing, mining, habitat development, and other human activities.

“This is a rare and imperiled population of sage-grouse that deserves the strongest possible protections,” said Judi Brawer, Wild Places Program Director with WildEarth Guardians. “The Forest Service did the right thing by protecting them from motorized use and abuse, and we were happy to step in to support the agency’s decision and defend it from STD’s misguided and selfish challenge.”

The conservation groups who intervened in court to defend the Forest Service’s limits on motorized use in sage-grouse habitats were represented by attorneys from the Stanford Law Clinic and Western Watersheds Project.

Sorry Secretary Sonny, Our National Forests Are Not Crops

Agriculture Secretary Sonny Perdue gathered up the “good ole boys” at the Missoula airport on June 12 to unveil the Trump administration’s “Modernization Blueprint” for more logging, mining, drilling and grazing on national forests. Photo by Missoulian.

The following guest post is written by Adam Rissien. 

Trump’s Agriculture Secretary Sonny Perdue flew into Missoula on June 12 to sign a memorandum directing the U.S. Forest Service to essentially double-down on its continued push to prioritize logging, mining, drilling and grazing, all while limiting environmental reviews. During the campaign-style signing event, Secretary Perdue—a former agribusiness CEO whose previous political campaigns were bankrolled by Monsanto and Big Ag interests—not only bragged that “we see trees as a crop,” but also ironically compared America’s bedrock environmental laws to “bubble wrap.” Apparently it was lost on Secretary Perdue that bubble wrap protects valuable things from being destroyed.

Missing from the secretary’s statements was any recognition that America’s national forests, 193 million acres in all, are actually diverse ecosystems that are home to hundreds of imperiled fish and wildlife species, and contain the last remnants of wildlands in this country that millions of people cherish. The secretary failed to mention how numerous communities rely on national forests to provide clean drinking water, or the fact that intact forests do more to remove atmospheric carbon than do stumps. In fact, national forests have a crucial role to play as part of global, natural climate change solutions.

Returning to the past, when resource extraction and exploitation ruled the land is hardly a blueprint for the future. Yet, this is exactly what the secretary ordered and what the Trump administration has been pursuing from Day One. In fact, Perdue’s memorandum comes on the heels of two recent Trump Executive Orders allowing industry and federal agencies to waive compliance with long-standing environmental laws that safeguard fish and wildlife. These orders follow Trump’s wholesale rolling back of rules requiring federal agencies to involve the public, take a hard look at the environmental consequences of its actions, and consider alternatives.

A recent Journal of Forestry article demonstrates the rationale for these rollbacks and attacks is baseless. Even without further “streamlining processes,” the Forest Service approved over 80% of projects between 2005-2018 by categorically excluding them from environmental analysis. The same study also showed that less than 1% of all projects were challenged in court.

Of course, this administration and industry proponents would never let facts change their story, especially when it plays on people’s fears and hopes. For years, those opposed to public land protection keep weaving nostalgic hints of returning to the good ole days when the mills were humming and the logging trucks filled with big trees, all the while knowing economics and automation make this impossible. At the same time, they use fear of wildfires as cover for industrial logging, sidestepping the reality that climate change and the historic drought gripping much of the West increases wildfire risks far more than cutting trees will ever address. The wildfires we see today matches what climate science tells us. If we truly want to see fewer large-scale wildfires, then we need to stop burning fossil fuels and do more to preserve intact, mature forests. Further, it is hubris to believe, and irresponsible to purport, that timber harvest will prevent wildfires. No one talks about hurricane-proofing the Gulf Coast, or tornado-proofing Oklahoma, but the Forest Service suggests if given enough latitude it can reduce forest fires – though the degree of which is left to the public’s imagination and that’s the point.

Ultimately, Secretary Perdue and the Trump administration believe national forests are little more than crops and the best, highest use for public lands is to exploit them with more logging, grazing, mining and drilling. The fact is, national forests and public lands are complex, living ecosystems with inherent value that deserves our moral consideration. These public lands are homes to grizzly bears, mountain goats, elk, trout, salmon and a whole host of other iconic wildlife species. Their survival depends on us, and we need to be better environmental citizens with our non-human neighbors.

America does need a “modernization blueprint” for the future of national forests, one that re-envisions their purpose so we can move beyond viewing forests simply as sources of lumber. In the 21st century, we need to strengthen forest protection, maximize the ability of national forests to serve as part of natural climate change solutions, and heal the scars left from decades of exploitation through true restoration, which cannot be done with a chainsaw.

Adam Rissien writes from Missoula, Montana where he’s the Rewilding Advocate of WildEarth Guardians. Learn more at https://wildearthguardians.org/

House Passes Forest Service Legacy Roads and Trails Remediation Program as Part of “Moving Forward Act”

Supporters of the “Forest Service Legacy Roads and Trails Remediation Program” say national forest watersheds, imperiled wildlife, and rural communities are poised for a much-needed boost. Here’s a press release from some forest protection and wildlife groups:

WASHINGTON, D.C. – Today the U.S House of Representatives passed the “Moving Forward Act” (H.R.2) designed to improve green infrastructure and reduce climate impacts. The Act includes a provision called “The Forest Service Legacy Roads and Trails Remediation Program.” Incorporated from legislation previously introduced by U.S. Representatives Kim Schrier (WA-08) and Derek Kilmer (WA-06), this much-needed program will address aging and obsolete Forest Service transportation infrastructure to improve fish migration, water quality, imperiled species habitat, and future resilience to storms.

The U.S. Forest Service manages a massive road and trail system on behalf of the American public, including more than 370,000 miles of roads, 159,000 miles of trails, hundreds of thousands of culverts and more than 13,000 bridges. Twice as many miles as the national highway system, the Forest Service road system demands considerably more maintenance attention than current funding allows and every year the deferred maintenance backlog grows. The Forest Service currently reports an astounding $3.2 billion road maintenance backlog.

In addition to the official road system, the National Forests are haunted by a ghost system of tens of thousands of miles of abandoned and obsolete roads, a legacy of the big timber era.

The implications of decaying and abandoned infrastructure are severe. Crumbling roads bleed sediment into rivers, creeks, and wetlands endangering fish and other aquatic wildlife. Failing and undersized culverts block fish migration crucial for the long-term survival of salmon and other highly valued fish. Fragmented habitat impacts the health of imperiled species and big game.

“The Forest Service not only has a responsibility to uphold Clean Water Act standards set by the states, but also for the 3,400 communities that rely on national forests as drinking water sources,” said Marlies Wierenga, Pacific Northwest conservation manager for WildEarth Guardians. “This program gives the Forest Service a real tool to meet this responsibility. We thank Representatives Schrier and Kilmer for leading this effort to protect clean water.”

“Confronting the problem of obsolete and decaying roads and trails will help wildlife, taxpayers and the 66 million Americans who rely on our National Forests for clean drinking water. Authorization of the U.S. Forest Service’s legacy roads and trails program has been a long time in the making and is a victory for people who love the outdoors and threatened and endangered species. Thank you to Rep. Kim Schrier for her leadership in introducing legislation that is so important for endangered fish and wildlife,” said Jamie Rappaport Clark, CEO and president, Defenders of Wildlife.

The Legacy Roads and Trails program will benefit local communities and imperiled wildlife. The program will storm-proof roads and trails so that they can withstand more intense storms anticipated with climate change without polluting waterways. Obsolete roads will be decommissioned to preclude harmful effects to wildlife and the environment. Undersized and blocked culverts will be removed or expanded to allow fish to migrate unimpeded.

Increased funding to address severely damaged fish and wildlife habitat in the national forests and grasslands will provide jobs to rural communities that are struggling to cope with the current economic recession. Most of the funding in the program goes directly to on-the-ground work supporting local contractors and specialists. Heavy-equipment operators are particularly well poised to benefit from the program.

“Representative Schrier’s Legacy Roads and Trails bill provides a smart solution to reduce the harmful impacts of national forest roads on water quality and fish, while also providing much-needed jobs and economic benefits to rural communities,” said Megan Birzell, Washington state director for The Wilderness Society.

“Having seen the positive results in Washington State, Representatives Kilmer and Schrier understand why this program is so critical for forests across the country,” said Tom Uniack, executive director for Washington Wild. “We thank them for taking a leadership role in Congress supporting clean water, salmon habitat, and local jobs.”

The Legacy Roads and Trails program, initially established in 2008 (and subsequently defunded in 2018), proved to be an effective, no-waste program with demonstrated results. Over its first 10 years, the program provided employment for 697-1,115 Americans annually; made urgent repairs to over 18,000 miles of roads and 5,000 miles of trails; improved over 1,000 stream crossings for fish passage; improved 137 bridges for safety; and reclaimed 7,000 miles of unneeded road. This program has a proven track record of saving taxpayer money, improving habitat, creating jobs, and guaranteeing safer access for all.

“The Forest Service should be removing old roads, not building new ones,” said Blaine Miller-McFeeley, senior legislative representative at Earthjustice. “That’s why we are so thankful to Congresswoman Schrier for introducing this Legacy Roads and Trails legislation that will invest needed dollars and give shape to an initiative that will help protect the population of everything from grizzly bears to bull trout, not to mention strengthening our forests for carbon sequestration. This proposal is the right one to ensure our forests are climate resilient, and Earthjustice is proud to support it.

“We are so pleased to see that Representative Schrier is stepping up to enhance U.S. Forest Service lands and the incredible coldwater habitat they provide for trout and salmon,” said Chris Wood, president and CEO of Trout Unlimited. “Forty percent of all blue-ribbon trout streams flow across national forests, and this agency is one of our most important partners. Investments from the Legacy Roads and Trails Program will help us make fishing better, but at the same time improve our water supplies and bring high-paying jobs to rural communities.

Additional Resources

A 10-year accomplishments report on the Legacy Roads and Trails Program can be found here.

A Forest Service storymap on Legacy Roads and Trails-funded work to replace 1000 culverts to reconnect fish migration corridors can be found here. Embedded are several informative videos including a 4 minute video available here and a 16 minute video available here.

Conservation groups don’t get fair shake in Northern Blues Forest Collaborative

The following piece was written Veronica Warnock, conservation director for Greater Hells Canyon Council and Rob Klavins, Northeast Oregon field coordinator for Oregon Wild. Both of them are based in Wallowa County, Oregon. It was published here. Emphasis was added below. – mk

On Tuesday, June 23, our organizations made the difficult decision to withdraw from the Northern Blues Forest Collaborative. As founding members of Northeast Oregon’s forest collaboratives, our organizations have spent countless hours working in good faith to guide Forest Service projects that support our local communities while providing better ecological outcomes for the forests we care so much about. Unfortunately, like many other stakeholders before us, we have determined the NBFC has devolved to a point where we can no longer lend it credibility with our continued participation.

The premise of collaboration is one we still support. Strongly. As the U.S. Forest Service sees its funding continue to dwindle and the public it serves becomes ever more polarized, we need functional collaboration now more than ever.

Good collaboratives provide a platform for representatives from diverse interests to address problems in a landscape we all care about. Good collaborators speak to be understood and listen to understand. We recognize the legitimacy of all interests. We agree on lofty goals of trying to guide willing public agencies toward projects that lead to outcomes that benefit our communities economically, socially, and ecologically. We then seek consensus with give-and-take on all sides. Increasingly at the NBFC, when it comes to protecting things like old growth, roadless forests, wildlife, and salmon — there is no give.

Respect for one another’s values is written into the NBFC’s operating principles. Yet, fellow collaborators have marginalized conservation groups and others with whom they disagree. This and more egregious violations of collaborative principles makes legitimate collaboration impossible.

The Forest Service is under increasing pressure to log our public lands more aggressively, rush scientific review, and reduce public involvement. If it were functioning as intended, the NBFC would be an inclusive place where this pressure is balanced by a diversity of viewpoints rather than serving as a platform for advancing one-sided agendas.

Forest management and collaboratives work best when there are agreed upon rules and sideboards. For 25 years, one such set of rules, commonly known as the “eastside screens,” have provided a safety net for old-growth forests, large trees and the wildlife that depend on them in Eastern Oregon. Now, over the objections of independent scientists and the conservation community, the Trump administration is rushing through a process to undermine those protections. Unfortunately, some interests have pushed this divisive process into the collaborative arena, not only in Northeast Oregon but around the state.

We know collaboration can be successful and have found success in the past — even winning awards for our efforts. We know what good collaboration looks like.

The NBFC has been devolving for years, which explains its dwindling participation. There aren’t many places in Northeast Oregon where conservation voices are given a fair shake. Sadly, the NBFC has become another such place. Therefore, as the last two conservation advocacy members, we felt our continued participation was lending credibility to a dysfunctional collaborative.

While our groups have withdrawn from the NBFC, we remain ready and willing to work in good faith with stakeholders and agency staff to protect and restore the public lands and other places we care so deeply about.

Veronica Warnock is the conservation director for Greater Hells Canyon Council and Rob Klavins is the Northeast Oregon field coordinator for Oregon Wild. Both are based in Wallowa County.

Fire and Climate Change in the West: July 9th Talk by Dr. Phil Higuera

A University of Montana environmental studies professor passed around information on this webinar today, so figured that some folks on this blog might be interested in taking part in this Webinar as well. Dr. Phil Higuera is an associate professor of fire ecology in the Department of Ecosystem and Conservation Sciences at the University of Montana. Below are all the details you need to join in.

Fire and Climate Change in the West

  • Presentation and Discussion
  • History of wildfire
  • Causes and impacts of recent increased fire activity
  • Future expectations
  • Community response

7:00 PM July 9, 2020
Online Webinar

Registration

This talk is free and open to the public, however, advanced registration is required: register here. After registering, you will receive a confirmation email containing information about how to join the talk. To participate, you will need a computer, tablet, or smartphone with a decent internet connection. If you have not used Zoom before, log on 5 min. early to make sure your device has the required software or app. We look forward to a virtual get-together with you on July 9th.

Phil Higuera, Associate Professor of Fire Ecology, University of Montana

The Bitterroot Climate Action Group is trying something new— a public lecture using Zoom! We are excited to present Phil Higuera speaking at 7 pm on July 9th about Fire and Climate Change in the West. Phil Higuera is an associate professor of fire ecology at the University of Montana, where he directs the PaleoEcology and Fire Ecology Lab and teaches courses on fire and disturbance ecology. Research in his lab focuses on understanding the interactions among climate, vegetation, and wildfire activity over a range of time scales and places.

Phil’s talk draws on current scientific research that helps us understand the relationships between climate change and wildfire activity, with a regional focus on the Northern Rockies. Topics include context from the past, the causes and ecological impacts of recent increases in fire activity, expectations for the future, and what we can do in response.

Don’t Get Burned by ‘Wilder than Wild:’ Wildfire Documentary’s Omissions Mask Forest Service’s Logging Mission

The following piece was written by Douglas Bevington, author of The Rebirth of Environmentalism: Grassroots Activism from the Spotted Owl to the Polar Bear (Island Press, 2009). It was published by Counterpunch

This month, some PBS stations around the country are airing a documentary titled Wilder than Wild: Forests, Fire, and the Future. It is a one-hour film about wildfire issues in California. This is an extremely timely and important topic. Unfortunately, the filmmakers have chosen to make glaring omissions—excluding key scientific and environmental voices and leaving out essential facts—that cause their film to distort these issues more than it informs. As a result, the film gives cover to policies that are harmful to forests, dangerous for public safety, and detrimental to the climate, while steering attention away from genuine solutions.

The problems with Wilder than Wild can be traced back to filmmakers Stephen Most and Kevin White’s previous short documentary The Fire Next Time, which was about the Rim Fire. The Rim Fire was a very large forest fire that occurred in California in 2013, mainly on national forest lands that border Yosemite National Park. These are lands managed by the Forest Service. Large wildfires have become a big business for this federal agency because it can sell the burned trees to timber companies at cut-rate prices while keeping money from these sales to pad its budget.

The Forest Service saw a big opportunity in wake of the Rim Fire and proposed a massive post-fire logging project. In fact, the Forest Service sought to cut more trees in the Rim Fire area than had been cut on all of California’s national forests combined over the previous three years. Post-fire logging causes extensive ecological damage, so some environmental organizations such as the Center for Biological Diversity and the John Muir Project began working to challenge the Forest Service’s Rim Fire logging project.

Yet when the Rim Fire documentary The Fire Next Time was shown at an environmental film festival in 2015, it generated controversy because the filmmakers had not interviewed any of the environmental groups at the forefront of challenging the Rim logging project or any of the scientists researching the adverse impacts of post-fire logging. Instead, the filmmakers focused on an entity called Yosemite-Stanislaus Solutions (YSS) that was involved in promoting logging of the Rim Fire forests. YSS is an example of what is called a “collaborative.” Collaboratives bring together local logging interests and some local environmental groups to consult on Forest Service projects, and the Forest Service touts endorsements of logging by these collaboratives.

However, the role of collaboratives has received widespread criticism. Numerous environmental groups troubled by their experiences with collaboratives issued a collective statement on how collaboratives are dominated by logging interests. As a participant in a collaborative near YSS explained, “It became apparent that there was no real accountability, and the Forest Service would simply pick and choose what it wanted from the collaborative. Essentially, the collaborative served to provide cover for what the Forest Service was going to do anyway, with minor adjustments.”[1]

The underlying problems with The Fire Next Time became apparent when its script writer, Stephen Most, wrote about his experiences with the film. He explained the film’s science advisor was a Forest Service employee—Malcolm North—and the Forest Service threatened to block the filmmakers from using statements from North unless they changed the film to fit with the Forest Service’s messaging. Stephen Most candidly states that the filmmakers sought to have the Forest Service promote their film to rural audiences, so they altered their film to accommodate the Forest Service.[2]

Unfortunately, this pattern of deference to the Forest Service appears to have continued as they expanded their film into a longer version, retitled Wilder than Wild. Along the way, the filmmakers interviewed some scientists concerned by the Forest Service’s logging projects, but these segments were all left on the cutting room floor. Ultimately, the filmmakers chose to silence criticism of the Forest Service’s current actions, and instead constructed a film that fits comfortably with the Forest Service’s current messaging about forest fires. In so doing, they discarded an important opportunity to show what really happened after the Rim Fire, and, as a result, Wilder than Wild wound up with misleading conclusions about the broader implications of the Rim Fire for the climate crisis and public safety.

What Really Happened After the Rim Fire

It is shocking to compare the statements about the Rim Fire made by the Forest Service and its allies in the YSS, as presented in Wilder than Wild, with the on-the-ground reality. From the film, one gets the impression that the Rim Fire burned mainly at high severity—i.e., killing most of the trees. The reality is that the federal government’s own Monitoring Trends in Burn Severity analysis showed that less than 20% of the Rim Fire burned at high severity. In other words, while the Rim Fire had patches of high-severity effects, the majority of the fire burned at low and moderate severity. That’s how most forest fires in California burn now, and historical evidence shows that’s also how they burned prior to modern fire suppression.

Moreover, the high-severity patches in the Rim Fire created ecosystem benefits, but viewers of Wilder than Wild do not hear about those benefits. Instead, the speakers featured in Wilder than Wild portray the high-severity patches as threat to wildlife such as the spotted owl, and they use this as a justification for trying to prevent similar fires in the future. The filmmakers ignored abundant scientific research on how high-severity fire patches create excellent wildlife habitat in dead trees and understory vegetation. These areas have some the highest level of wildlife diversity and abundance of any forest type, comparable to or even greater than old-growth forests. For example, post-fire forests are great places to find the spotted owl’s prey. It should come as no surprise then to learn that Forest Service’s own surveys found large numbers of spotted owls living in the Rim Fire area after the fire. In fact, spotted owls were using the Rim Fire area at higher than average levels compared to other forests in the region. However, the filmmakers chose not to mention these findings.

Likewise, at the time that the Forest Service was developing its massive post-fire logging project, it did not properly disclose its owl survey results to the public. When groups involved in challenging the project uncovered these surveys, they discovered that the Forest Service would be logging most of the occupied spotted owl habitat. In response, the Center for Biological Diversity, John Muir Project, and California Chaparral Institute filed suit against the Forest Service over the Rim Fire logging. These groups do not appear in Wilder than Wild. Instead, the filmmakers celebrate John Buckley, a leader of Yosemite-Stanislaus Solutions, yet they do not mention that Buckley intervened against this lawsuit and in favor of allowing the logging of occupied spotted owl habitat to proceed. With help from Buckley and the YSS collaborative, the Forest Service was able to do extensive clearcutting in the Rim Fire area. Nonetheless, the environmentalists’ lawsuit helped ensure that significant portions of the post-fire forest remained uncut for the time being.

Unfortunately, the Forest Service then developed another project to cut key portions of the post-fire forests that had escaped the initial logging. This next Forest Service project was based heavily on the claim that new trees would not grow back naturally in high-severity patches from the Rim Fire. This claim was also repeated by speakers featured in Wilder than Wild. However, one can now walk through even the largest high-severity patches within the Rim area and see abundant new trees growing naturally without replanting. This growth is most apparent in the unlogged areas, whereas the natural tree regeneration often gets crushed in areas where post-logging occurs. Yet rather than show the new trees growing in the unlogged areas, the filmmakers instead selected to focus on a Forest Service-sponsored tree planting in an area that had obviously been clearcut and bulldozed after the fire, leaving only bare ground.

Likewise, despite the extensive evidence of natural regrowth, the Forest Service chose to proceed with its new project, claiming that the post-fire forests needed to be clearcut to allow for artificial tree planting. Once again, YSS members promoted the cutting. And once again, environmental groups that were not featured in Wilder than Wild, including Greenpeace, challenged the project. Their lawsuit is currently still in court. This latest case helps to illustrate key problems with Wilder than Wild’s approach to climate issues and public safety, as described below.

The Climate Crisis, Wildfire, and Logging

One of the new plaintiffs on the current lawsuit against cutting the Rim Fire forests is acclaimed climate scientist James Hansen. He joined the environmentalists’ lawsuit out of concern regarding the carbon emissions that result from cutting down the post-fire forests, and how those emissions will increase the climate crisis. Yet, Wilder than Wild is silent about the carbon emissions from Forest Service logging projects done under fire-related justifications. Instead, the film only presents some early estimates of carbon emissions from forest fires, when subsequent research has shown those initial numbers to be highly exaggerated. The filmmakers ignore science showing that forest fires produce only a small fraction of carbon emissions, whereas logging is one of the biggest sources of greenhouse gases. Thus, Wilder than Wild contributes to the problem of misinformation about wildfire being used to promote logging policies that harm the climate.

Overlooking Public Safety Solutions—Working from the Home Outward

Much as Wilder than Wild is silent about the Forest Service’s fire-related logging, it is also silent about the crucial role of home retrofits in wildfire safety. The film contains numerous images of burning buildings, but vigilant viewers may notice that the burnt houses are often surrounded by green unburned trees. While the message of the film is that fire in forests must be altered for public safety, the reality is that most houses that burn during wildfires are not igniting from contact with forest fires flames. Instead, they are mainly ignited by windblown embers, or by the flames of adjacent houses that have not taken adequate fire safety precautions from these embers. The good news is that homeowners can protect their houses from igniting by taking steps such installing fine-mesh vent screens to keep embers from getting inside the house. The effectiveness of these steps was first demonstrated by a Forest Service scientist named Jack Cohen.

As one article summarized, “Cohen thought he had come up with a way to save houses and to let fires burn naturally—he thought it was a win-win. And so in 1999, he presented a paper about his findings at a fire conference in front of people from the Forest Service and state fire agencies. These were people who were in a position to change policies. But Cohen says they were totally uninterested. Cohen’s research implied that basically everything about how the Forest Service dealt with wildfires was wrong.”

Just as the Forest Service shied away from Cohen’s findings, so too do the Wilder than Wild filmmakers remain silent about this important opportunity. The most effective actions to help communities safely coexist with fire-dependent ecosystems involve what is called “working from the home outward.” Because the home fire-safety retrofits at the center of this strategy largely take place outside of national forest lands, the home-outward approach does not provide the same opportunities for the Forest Service to boost its budget as from the forest-alteration approach celebrated by Wilder than Wild. So the forest-alteration projects of the Forest Service have gotten the lion’s share of the attention and resources when it comes to wildfire policy, whereas there has been comparative little financial assistance provided to help communities with home safety retrofits.

The aftermath of the Rim Fire provides a stark example of this problem. The Forest Service’s fire-related logging projects can be quite costly. When the Forest Service sought to pursue its second project to cut down more post-fire forests in the Rim Fire area (as described above), it was able to get funding for it in a bizarre way. The Department of Housing and Urban Development (HUD) offered grants to states for community disaster recovery and rebuilding. With the support of the Yosemite-Stanislaus Solutions members and their allies, the California state government took $28 million dollars of these HUD funds and gave them to the US Forest Service to subsidize more clearcutting of post-fire forests in remote areas, rather than helping fire-impacted communities rebuild in fire-safe ways. That is another key issue in the lawsuit by James Hansen and the environmental groups against the project. And it illustrates how the promotion of logging in fire policy can come at the expense of public safety. But once again, Wilder than Wild makes no mention of these issues, even as the filmmakers celebrate the Forest Service and YSS members who promoted this problematic project.

Alternate Resources about Fire

Ultimately, Wilder than Wild presents a distorted lens for viewers hoping to understand forest fires and their implications for climate change and public safety. Many of the film’s problems stem from what the filmmakers chose to omit. They silence the voices of key scientists and environmental groups and avoid any content that casts an unfavorable light on the Forest Service’s current approach to wildfires. For example, the Forest Service’s fire-related logging is largely unacknowledged in the film. Instead, the filmmakers focus on the role of prescribed fire in the forest-alteration policies they promote, while not mentioning how the Forest Service generally makes logging be a precondition for prescribed fire. Furthermore, the word logging is replaced with innocuous-sounding euphemisms such as “fuels reduction” and “management,” while the ecological and climate harms from fire-related logging are not discussed. Viewers should stay alert to these omissions.

Other problems stem from the way that the filmmaker’s narrative is built around significant distortions of the actual effects of the Rim Fire in order to create a bogeyman for the rest of the film. The weblinks included among the text above will give viewers tools to help identify these distortions. And PBS stations should consider airing a different Rim Fire documentary called Searching for the Gold Spot: The Wild after Wildfire to offer their viewers a fuller view of what is really occurring after large wildfires.

Another useful resource is called “6 Best Kept Secrets about Fire.” It features a series of concise short videos about key wildfire-related topics, such as Climate Change & Fire. An excellent article from the Cornell Lab of Ornithology titled “Old Flames: The Tangled History of Forest Fires, Wildlife, and People” combines interviews with scientists on the frontlines of research on fire ecology and fire safety. Teachers seeking additional materials about fire can find them at “Resources for Teaching about Forest Fires and Climate Change.” And an introduction to the importance of fire-safety home retrofits can be found in “A New Direction for California Wildfire Policy: Working from the Home Outward.”

As that report illustrates, there are sensible ways to respond to the role of wildfires amid a changing climate that are effective for public safety, ecologically appropriate for forests, and help address the climate crisis, but viewers will need to look beyond the distorted lens of Wilder than Wild to find those solutions.

Notes.

1) Bevington, Douglas, “Lessons from Groups that Litigate Logging” in 193 Million Acres, ed. Steve Wilent (Society of American Foresters, 2018), 475. 

2) Most, Stephen, Stories that Make the World: Reflections on Storytelling and the Art of Documentary (Berghahn Books, 2017), 228.