The Community, Fuel Treatment and Industry Nexus in Colorado


Photo by Matt Stensland

I thought it was interesting that while we were discussing the 78 acres of WUI fuel treatments in roadless on the Umpqua, the Denver Post published this article this morning.

In addition, regional foresters are planning to remove dead trees from another 33,224 acres the next year, he said.

One challenge facing contractors is getting rid of the cut trees. Timber mills in Montrose and the San Luis Valley and a pellet factory in Kremmling have been hard-pressed to pay loggers enough to make that tree-removal work profitable.

Forest Service contracting officials say they pay around $1,200 per acre for selective removal of dead trees.

As firefighters on Wednesday worked to shore up lines around the wildfire west of Fraser, Town Manager Jeff Durbin said he and other local leaders are looking to meet with Forest Service officials.

Federal land managers haven’t removed enough of the beetle-kill trees that pose threats, Durbin said.

“Wildfire mitigation is really important business,” and this week’s fire heightened concerns about intense fires spreading from federal land, he said.

“You could see, from town, the flames. It was frightening.”

Interaction of Fire Exclusion and Logging- UM Paper

Thanks to Matthew Koehler for this find.

UM Study Finds Logged Forests More Prone To Severe Wildfires
Oct. 04, 2010

UM Press Release: http://news.umt.edu/2010/10/100110fire.aspx

Copy of Ecological Applications article: http://rintintin.colorado.edu/~cana4848/papers/Naficy_et_al_2010_Ecol_App.pdf

Contact:
Anna Sala, professor, UM Division of Biological Sciences, 406-243-6009, [email protected] .

MISSOULA – Historically logged forest sites are denser and potentially more prone to severe wildfires and insect outbreaks than unlogged, fire-excluded forests and should be considered a high priority for fuel-reduction treatments, according to a new University of Montana study.

Anna Sala and Cameron Naficy, the lead researchers in the study, published an article on these findings in the most recent issue of the journal Ecological Applications. Sala is a professor in UM’s Division of Biological Sciences, and Naficy graduated with a master’s degree from UM in 2008.

Sala and Naficy’s study compared logged, fire-excluded sites to unlogged, fire-excluded sites in forests mainly consisting of ponderosa pines. The study covered a broad region spanning the Continental Divide of the Northern Rockies, from central Montana to central Idaho.

The findings contradict much of the conventional wisdom defining current U.S. forest policy, which assumes that increases in forest density, which in turn increase the susceptibility to severe wildfires or insect outbreaks, are primarily caused by fire suppression.

“This is an important finding because it highlights that vegetation management can result in long-lasting changes to forests that are likely to affect how large-scale disturbances, such as wildfires or insect outbreaks, play out on the landscape well into the future,” Naficy said.

“Furthermore, it shows that previously harvested and unharvested forests have very different restoration needs and fire hazard potential,” Sala said. “This recognition should go a long way in helping land managers to prioritize restoration and fuel-reduction efforts where they are most likely to be successful.”

For more information, call Sala at 406-243-6009, e-mail [email protected] or e-mail Naficy at [email protected] .

# # #

Naficy, Cameron, Anna Sala, Eric G. Keeling, Jon Graham, and Thomas H. DeLuca. 2010. Interactive effects of historical logging and fire exclusion on ponderosa pine forest structure in the northern Rockies. Ecological Applications 20:1851-1864. [doi:10.1890/09-0217.1]

Increased forest density resulting from decades of fire exclusion is often perceived as the leading cause of historically aberrant, severe, contemporary wildfires and insect outbreaks documented in some fire-prone forests of the western United States. Based on this notion, current U.S. forest policy directs managers to reduce stand density and restore historical conditions in fire-excluded forests to help minimize high-severity disturbances. Historical logging, however, has also caused widespread change in forest vegetation conditions, but its long-term effects on vegetation structure and composition have never been adequately quantified. We document that fire-excluded ponderosa pine forests of the northern Rocky Mountains logged prior to 1960 have much higher average stand density, greater homogeneity of stand structure, more standing dead trees and increased abundance of fire-intolerant trees than paired fire-excluded, unlogged counterparts. Notably, the magnitude of the interactive effect of fire exclusion and historical logging substantially exceeds the effects of fire exclusion alone. These differences suggest that historically logged sites are more prone to severe wildfires and insect outbreaks than unlogged, fire-excluded forests and should be considered a high priority for fuels reduction treatments. Furthermore, we propose that ponderosa pine forests with these distinct management histories likely require distinct restoration approaches. We also highlight potential long-term risks of mechanical stand manipulation in unlogged forests and emphasize the need for a long-term view of fuels management.

The Roaded Roadless Paradox

This post is not really about the multifaceted and fascinating roadless controversies; it’s about clarity of communication in the press-where citizens should become informed on public policy issues.

Suppose you read this piece, “Forest Service cuts back logging in Oregon roadless area on fire safety project”

Here’s a quote:

The project scaled back commercial logging from 621 acres within roadless areas to 78 acres. It is all along a road on the western side of Diamond Lake that serves 102 private cabins on federal land, Dils said. Without the logging there is nowhere for firefighters to make a stand against a fire moving out of the roadless area toward the cabins, Dils said.

“When they designed this plan it really looked like they wanted to test the limits of the Obama administration on roadless,” said Steve Pedery, conservation director for Oregon Wild. “And from our cursory look the new plan looks like it scaled that way, way back, but it seems they still can’t resist pushing the envelope a little bit.”

People who take the English language literally might wonder how cutting trees along a road would impact “roadless” values.

I italicized the sentence about the fuelbreak for firefighters because that is a very clear statement of the objectives of fuel treatment in a WUI area, whether the trees are dead or alive.

Here’s another quote:

The two-year-old project was widely seen as a test of President Barack Obama’s campaign promise to protect the 58 million acres of backcountry that has never been commercially logged on national forests across the country.

But how can an area next to a road be considered “backcountry”? I am mystified as to why this apparent paradox does not seem to be addressed in this article.

Bark Beetle, Hazard Trees and Fuels- The Controversy That Isn’t?

It seems like everyone agrees that there are many dead trees out here in the Interior West. It seems like most folks think the ones along roads and trails should be cut so they don’t fall on people (although there are more out there than we are probably capable of getting) . Most folks agree that fire breaks around communities are a good idea to give firefighters a safe place to operate, among other reasons. Many people don’t want cutting in the backcountry, but I don’t think that anyone is proposing that.

Firebreaks around communities, roads and powerlines is about all people can get funding to do, if that. If climate change causes more outbreaks and more fires, we will be lucky just to keep up with powerlines, roads and communities.

See the below article here..

Udall, Bennet want Vilsack to treat beetle kill as ‘national emergency’ in wake of wildfires By David O. Williams 10/4/10 2:28 PM
Citing last month’s wildfires near Boulder and Loveland and the ongoing Church’s Park Fire in Grand County, U.S. Sens. Mark Udall and Michael Bennet are asking U.S. Agriculture Secretary Tom Vilsack to treat the pine bark beetle epidemic as a national emergency.

The two Colorado Democrats in a release today said they are leading a bipartisan effort to get Vilsack to “rededicate” an additional $49 million in existing funds to help clear dead trees and perform other forest mitigation work to decrease the fire risk in the U.S. Forest Service Region 2, which includes Colorado, Wyoming, South Dakota, Kansas and Nebraska.

Last year Bennet and Udall got Vilsack to channel $40 million in existing funds into mitigation efforts in Region 2, of which $30 million is now being used to reduce fuel loads in Colorado’s White River, Medicine Bow/Routt and Arapaho/Roosevelt national forests.

In the wake of the costly Fourmile Canyon blaze west of Boulder last month, which consumed 166 homes, environmentalists and politicians – including Boulder’s mayor – pointed to climate change as a key contributor in the ongoing bark beetle epidemic that has killed more than 2 million acres of lodgepole pines in Colorado and Wyoming.

Scientists generally agree that warmer historical temperatures have contributed to the outbreak because there have not been enough prolonged cold snaps to kill beetle larvae during the winter months. But some studies suggest forests are not any more susceptible to wildfire because of the beetle kill outbreak and that resources for clearing trees too deep into the forest should be limited.

Still, firefighters generally agree that the huge fuel loads presented by massive swaths of dead forest make battling blazes in and around communities all the more problematic, and one of the greatest concerns is clearing dead trees away from the state’s hundreds of miles of power lines that criss-cross public lands.

I also thought this article was interesting and well written. Beetle-kill epidemic a boon for Wyoming’s timber industry?

Here’s some more quotes related to the “controversy.”

Beetle-killed forests are just as susceptible to fire as green forests, and there’s little proof of the widely held fear that fires in infested stands will burn so hot they’ll sterilize the soil, said Duane Short, an ecologist with the Laramie-based Biodiversity Conservation Alliance.

Logging hasn’t stopped the spread of beetles, he said, and clearing dead timber hurts the long-term health of the forest.

“If you’re familiar with the curriculum of Forest Service schools, it’s about logging, and it’s about ways to log,” Short said. “It’s not about the natural ecology of forests. And so the folks that end up in these fields, they look for reasons to log, essentially.”

Forest officials dispute Short’s assertions.

“If we sat on our hands and did nothing, I think we’ll see some down the road, especially when we get downfall, we’ll see some large fires that are stand- or species-altering fires,” said Wyoming State Forester Bill Crapser. “I also think we’ll see a less healthy forest in the interface.”

I sincerely hope Short’s comments about forestry education were taken out of context.. Anyway, what if we all agreed to take up the topic of the “fuels treatment in the backcountry” sometime later (when we are done with WUI, powerlines and roads) and just focus for the moment on moving forward on what we all agree on?

The Fuel Treatment Debate Continues..Four Mile Fire

Just returned from vacation and saw this article in the Washington Post.

U.S. Sen. Mark Udall, a resident of Boulder County and a long time supporter of mitigation efforts, has called for a review into whether those efforts were effective, as well as whether firefighters had enough air support and other resources…

Forest managers have begun examining the charred forest to see how their mitigation efforts worked, including how the fire was moving and how it behaved when it hit cleared areas, said Owen.

“All we can do is reduce the risk,” Owen said. “It’s not fireproofing.”

Mitigation efforts in the area had included communities banding together to plan for catastrophic fires, even if it meant convincing neighbors to cut down some of their trees.

Flames got within a half mile of the Poorman neighborhood on the eastern end of the fire, where about 30 homeowners had cut down trees and collectively purchased a plot of land for a community park, which served as a staging area for firefighters.

“These huge conflagrations aren’t as likely as the relatively small ones,” said Vera Evenson, a community leader who has lived in the mountains since 1965. She said the last major fire in the area happened in 1989. “That’s how we know mitigation works.”

Over the past three years, the county and state has spent about $800,000 on fire mitigation in the area, with thousands more spent by local fire districts and homeowners. Federal figures for the area weren’t immediately available, though Udall spokeswoman Jennifer Talhelm hopes that the review will help answer that question.

I thought it was mildly odd that the article cited a scientific study to determine acres of fuels treated.

Nationwide, the federal government treated 29 million fire-prone acres between 2001 and 2008, according to a study led by the University of Colorado at Boulder.

Hopefully, we would have a more direct and less costly method of reporting acres accomplished to Congress than funding university research on accomplishments ;).

Forest to Faucet Partnership

Photo of Harris Sherman and District Ranger Jan Cutts from Summit County Citizens Voice

Here is an excellent piece by Bob Berwyn on this effort to protect watersheds- joint effort by the Forest Service and Denver Water. It’s got climate change, bark beetle, water, landscape scale, all lands.. many of our key themes on this blog.

Denver Water and the U.S. Forest Service will join forces to treat about 38,000 acres of critical watersheds to try and prevent catastrophic damage to key streams and reservoirs, top officials announced Saturday, speaking at a press conference at the Dillon Marina, within sight of Denver Water’s largest mountain reservoir.

The precedent-setting $33 million “Forest to Faucet” partnership covers about 6,000 acres in the Blue River watershed in Summit County, including 4,700 acres already planned for treatment by the Forest Service, plus another 1,300 acres to be treated when Denver Water pitches in another $1 million starting Oct. 1. Other projects are planned around Strontia Springs, Gross, Antero, Eleven Mile Canyon and Cheeseman reservoirs.

The partnership was announced in the context of the pine beetle epidemic that’s wiped out about 3 million acres of lodgepole pine forests in the state.

Part of the Forest Service share of the funding will come from money that’s already been allocated to the Rocky Mountain region of the Forest Service, said Harris Sherman, Department of Agriculture Under Secretary for Natural Resources and Environment. Additionally, several national forests in Colorado competed favorably for a separate slice of forest health funds that will also specifically toward these critical watershed treatments…

“The Forest Service can’t do this alone,” said Sherman, adding that about 33 million people in 13 states depend on water that come from Colorado watersheds. “Maintaining these forests is everybody’s business. I applaud Denver Water for their long-term investment in our national forest watersheds.”

The work will focus in thinning, fuel reduction, creating fire breaks, erosion control decommissioning roads, and, eventually, reforestation. The partnership could serve as a model for similar agreements across the West and with other industries, Sherman added, singling out the ski industry and power companies with infrastructure on forested lands.

The Montana Conundrum- Guest Post by Derek Weidensee

All decked out but no place to go: photo of roadside hazard tree removal in bark beetle country.

And then we come to Montana, which still has a timber industry. Even though many environmentalists have stopped litigating, some groups still litigate even “healthy forest” timber sales. Why hasn’t Montana succeeded in ending litigation where the other areas have? The majority of the public in Colorado, Arizona, and Lake Tahoe tend to consider themselves “environmentalists”. The majority in Montana wouldn’t. Could it be that we have a very ironic anomaly where increased logging can only occur where the majority consider themselves to be environmentalists?

Sometimes in order to better understand a hotly debated issue such as logging we get sucked into the details. This has the unfortunate result of losing sight of the “big picture”. We get so lost in the micro, we lose sight of the macro. Big numbers by themselves don’t mean anything, only percentages can lead us to perspective.

Perhaps it would be informative to discuss how much has been logged. The following percentages come from the USFS forest inventory analysis (FIA) reports (can you find the misspelling on this web page?) and the USFS “cut and sold” reports which list harvest acreage for every national forest for every year back to 1945. The following percentages are based on “forested acreage”. No water, rock, or grass acres were used in my calculations.

The following table represents the amount of “forested acres” that were logged in the past 50 years: Lolo…………………………………..17%
Kootenai……………………………..25%
Beaverhead-Deerodge……………5%
Helena………………………………..7%
Flathead…………………………….13%
Gallatin……………………………….7%
Let’s focus on the 5% that was logged on the Beaverhead Deerlodge National Forest since it’s the focus of Tester’s Beaverhead Partnership collaboration. 5% sounds pretty sustainable to me. I mentioned the above numbers to two prominent Montana environmentalists. It was the first they heard of it. I think it would help us all to learn together to start from a joint basis of facts.

The Partnership plan proposes to log 70,000 acres in ten years. Sounds like a lot-until you find out it’s only 2.5% of the “forested acreage”. If you projected that out 50 years, that would mean that 18% would be logged in 100 years. By that time the sapling that grew up in a clearcut done in 1960 would be ready for harvest. If 80% of the landscape for natural processes is not enough, what is?

In the five years ending in 2008, the BDNF logged an average of 500 acres/year. That’s .02% of the forested acreage. At that rate it’ll take 50 years to log 1%! In the last five years the Lolo harvested 2500 acres/year. At that rate it’ll take 50 years to log 7%. A lot of these groups had, in the past, advocated a “zero cut” on national forests. Isn’t 500 acres per year close enough to zero?

On forests that aren’t litigated, the NEPA mandated EA’s get pretty small. I compared one in Montana to one in Colorado. They were both MPB salvage timber sales. The one in Montana treated 1300 acres and ran to 200 pages, the one in Colorado treated 4,000 acres and ran to 57 pages!

Finally, the biggest cause of all should be knowing that environmentalists are good people at heart. They’re not evil. They’re good fathers and husbands. I’ve read the 1985 Lolo forest plan. There’s no doubt they planned to convert 90% of the Lolo to a tree farm by the year 2050. I’ve read USFS inventories from 1950. A third of NW Montana was old growth. There’s no doubt there’s less today. You’ve stopped old growth logging. You’ve set aside roadless. Our life ambition is to be successful at our work. You have been successful.

I also know that the pendulum of public policy in this country swings to the extremes. I’m sure the “zero cut” groups never dreamed they would have stopped all logging so easily. The USFS responded to “changing public values” in the 90’s by scaling back timber harvest. I’m sure they never dreamed it would go too far (I’ve always wanted to ask Jack Ward Thomas where he wanted it to be). Let’s hope the pendulum stops somewhere in the middle.

Note from Sharon. I tried to check Derek’s facts on the internet, but it wasn’t as easy as a person might think without going into corporate databases.

Montana has more litigation and appeals (as described in the GAO study) due to (here are a variety of hypotheses):

Venue shopping by organizations who want to win
The old timber industry built up an associated appeals and litigation industry which is continuing
People only trust that fuels treatments are needed if they aren’t sold to the timber industry.
People in Colorado just want those dead trees outta there and don’t care who takes them.
Other hypotheses?

I also tried to run down all the ongoing litigation of timber and fuels projects in Colorado. I could only find two. One deals with a lawyer/neighbor of the project; the other is a law school class project. So litigation does not seem like a serious problem here.

I also attended a speech by Secretary Vilsack and one by Governor Ritter on Friday in Fort Collins who were both very strongly for using the dead trees that we have everywhere in stacks in bark beetle country. If it is about using wood, as opposed to cutting trees, a biomass industry could start the litigation dynamic all over again. Yet those hazard trees in the photo could be used for various purposes, including to reduce fossil fuel usage. That’s why it would be good to understand the real reasons behind litigation in different areas of the country.

Finally, while trying to check on acreages, I ran across this link to a study that described 8-10 K acres of treatment on the San Juan (this study is entirely very interesting) with the goal of getting up to 20-30 K (only 10% mechanical, most prescribed burning). My colleagues assure me that there are plenty of environmental lawyers in Durango, yet they are not litigated on fuels treatment projects.

Also I see this AP report of a hazard tree removal project along roads on the Helena that is about 10K acres on the Helena over 5-7 years. Will the advent of bark beetle mortality make Montana become more like Colorado in terms of appeals and litigation?

What do you think about the Montana Conundrum? Is your state more like Montana or Colorado?

Living with Fire- North of the Border


The North American perspective..

Check out this site that shows current fires in British Columbia from an earth view. Also you can read some of the comments on the articles. What is the same as down here? What is different?

Plus they have posted other wildfire info, including a photo gallery, on the BC websites.

I wonder if we had one earth view site that showed all forest fires in North America each day, would that change our perspective on the issue and what to do about it?

Changing Public Values About Logging I- A Guest Post by Derek Weidensee

Note by Sharon. This is the first of two guest posts by Derek. The second focuses on Montana.

There’s an exciting new change blowing across the West these days. It bodes well for the future of forestry. “Changing public values” was a phrase the Forest Service often used to justify reducing timber harvests. I’ve read a version of the phrase in every USFS revised forest plan put out since the 90’s. Well, public values are changing back again. Across the West, the public now wants more logging.

The Mountain Pine Beetle(MPB) epidemic that’s sweeping the west and fear of wildfire are driving the change. There’s always been considerable rural support for logging, but what’s really exciting is this new attitude is coming from people who were traditionally opposed to logging. Many people who consider themselves environmentalists are now seeing logging in a positive light. Forestry is back in vogue.

Another important shift is the public’s attitude towards the so called “radical” environmentalist groups who litigate timber sales (I’m not trying to be disparaging here. I only call them “radical” to differentiate them from “moderate” groups who don’t litigate). The public doesn’t perceive them anymore as being the underdogs taking on the timber baron establishment. To the contrary, the radical enviro groups have become the establishment. How could they not be seen in that light? They won the timber wars. For twenty years the papers have been full of stories about timber sale litigation and sawmill closures. Timber harvest on National Forests has dropped by 80%. For all practical purposes, the public now perceives the radical enviro’s as controlling USFS timber harvest levels. They’re seen as the ones in charge now. The radicals are now in the position of defending the status quo.

This is a very important “role reversal” as every politician knows that policy is really based upon public perception. With every future wildfire, whether justified or not, the public won’t be blaming the Forest Service, they won’t be blaming the logger, they’ll be blaming the radical environmentalists. Being held responsible comes along with being in charge. I think a lot of radical groups in the West recognize this role reversal and are responding by halting timber sale litigation. However, there’s some groups who persist in litigating even “healthy forest” timber sales.

Another result of these changing public values is that the radicals are losing the support of the much more numerous and pragmatic “moderate environmentalists”. Those that supported them when the Lolo was clearcutting 15,000 acres/year, will desert them when they litigate a healthy forest timber sale. This isn’t lost on western Democrat politicians who have relied on the moderate environmentalist base. They can now safely take on the radicals without offending the moderates, and maybe pick up a few Republican voters as well. The radicals are becoming a political liability.

I’d like to share a few cases from around the West that I put forth to support what I’ve said above. Colorado is suffering a massive pine beetle outbreak in the heart of their ski industry from Steamboat Springs to Vail. These are very pro environmentalist counties. They shut down the timber industry in the 90’s. A major sawmill closed in 2003 for lack of USFS timber. And now they complain the Forest Service isn’t moving fast enough to remove the dead trees. It’s amazing to me how peoples environmental idealism goes out the window when their property values are threatened by pine beetle and wildfire. Nothing explains a clearcut better than a MPB epidemic or a wildfire. The city of Frisco clearcut 40 acres of park land, and the Mayor told me he had only one complaint. The USFS is now proposing to do clearcut 5,000 acres around Breckenridge. Now every local, state and federal politician is calling for greatly fuels reduction projects, including clearcutting of dead trees, around communities.

Most timber sale litigation is based on the National Environmental Policy Act. This act created the environmental impact statement. Sen. Mark Udall, who’s consistently received a 100% rating from the League of Conservation Voters, has recently sponsored legislation that would create “insect emergency areas” where NEPA review would be “expedited”. Seven years ago he proposed “taking funds from the timber sale program and reallocate it to protect fish and wildlife” in order “to protect rather that destroy our national forests”.

A part of me would like to scream hypocrisy, but a larger part admires the man for changing his mind. I’ve changed my mind about a lot of things over the years. I used to think that all MPB killed forests would burn. But researchers in Colorado forced me to acknowledge to myself that many past epidemics I could remember never burned. I didn’t like to change my mind, but I would only be lying to myself. Screams of “it’s all gonna burn” are as ridiculous as screams of “they’re gonna log it all”. I still have no doubt that it raises the fire hazard.

And there’s no more litigation from the 27 some Colorado environmental groups that I Googled. A few years ago, before the pine beetle alarm bells went off, they ended two years of litigation on a puny 600 acre salvage sale. I admire them for changing their minds in response to changing public values. Unfortunately, Colorado’s last sawmill closed a month ago. I’m sure it didn’t help that they were hauling the logs 150 miles one way.

In Lake Tahoe, the USFS didn’t log for decades in order to protect the lake’s famous water clarity. You needed a permit, which was seldom granted, to cut any tree on your own property. After the Angora fire burned up 200 homes, the 20 some agencies regulating the lakes environment declared “wildfires are now the biggest threat to water clarity” and “thinning the forest is now the highest priority”. Wow. Sen. Harry Reid recently introduced legislation that would spend $135 million dollars to thin the forest around Lake Tahoe. No more litigation. Changing public values.

In Arizona, the Center for Biological Diversity (CBD) shut down the timber industry in the 90’s with litigation. These guys are the big boys on the radical enviro block. They’ve filed hundreds of lawsuits against the USFS. After the 2000 Rodeo fire burned off a half million acres, a “collaborative” group called the “Greater Flagstaff Forest Partnership(GFFP)” was formed. It bills itself as a group of “environmentalists and business people(they don’t even mention loggers)” and it’s goal is to thin the forests around Flagstaff AZ. This last summer Arizona’s Governor published a study calling for the USFS to thin 30,000 acres/year.

Of course, there’s no sawmills left to take that wood. As part of a proposal to build a $300 million dollar OSB plant, the CBD recently signed a “memorandum of understanding” not to oppose thinning on 30,000 acres/year. I admire them for changing their minds.

The problem is, and this illustrates a big problem that will emerge down the road, do you think there’s a bank in the world that would loan $300 million dollars to a mill dependent on National Forest timber? The CBD’s memorandum means nothing. More litigation is only another group away.

The three cases above have two things in common. The majority of the public consider themselves to be environmentalists and they destroyed their timber industry. So now you have a future cycle of more fires, followed by more public demand to log to mitigate fire hazard, followed by more public frustration because there’s no infrastructure to do it, followed by more public anger at the radical enviro’s because the public knows they’re the reason there is no infrastructure now, and they’re the reason there won’t be. The only way you’re going to get any infrastructure is to guarantee the supply by exempting timber sales from NEPA litigation.

Oh it might take ten years. It might take another million acres burned in Arizona, another few million burned in California, a million burned in Colorado. But it’s inevitable. Congress wrote the law, Congress can fix it. I think the reason a lot of radical enviro groups are backing off litigation is they realize that wildfires are the biggest threat to NEPA. You don’t need a weatherman to know which way the wind’s blowing.

9th Circuit Appeal Decision on Forest Service Five Buttes Project

Reading this opinion makes me want to give a shout-out to the Deschutes for doing some excellent comprehensive NEPA work on their project.

No matter the height of the bar, with sufficient documentation the FS can leap it. The question is whether investment in documentation at that level is the best use of taxpayers funds.

See this story here and this one.

Here’s an AP story.
What was interesting to me about this one is the mention of the judges’ origin

The majority opinion was written by Justice Milan Smith, the brother of former U.S. Sen. Gordon Smith, R-Ore., and an appointee of President George W. Bush, whose administration tried and failed to scrap the Northwest Forest Plan in order to allow more logging…
Smith had harsh words for the dissent written by Judge Richard Paez, a President Bill Clinton appointee, calling his position “extreme,” and noting that the entire court had decided in 2008 to give deference to the Forest Service on science matters.

Interestingly, the third judge Richard Tallman was also appointed by Clinton (albeit he was an R). I just think that it is interesting that the author of the article chose to bring up the political affiliations of the judges, but only two of three.
And the decision here.

Here’s one of my favorite quotes. But the whole opinion is worth a read. I was impressed by the fact that despite the the NW Forest Plan explicitly allowed this treatment, it required this level of judgment to see the allowed activity come to pass.

Our highest deference is owed to the Forest Service’s technical
analyses and judgments within its area of expertise,
Lands Council, 537 F.3d at 993; nonetheless, our dissenting
colleague would have us halt the Forest Service’s Project
because he does not like the Forest Service’s approach to
solving the problems addressed. We went en banc to foreclose
precisely this type of second-guessing of the Forest Service.
See id. at 988 (noting that “in recent years, our environmental
jurisprudence has, at times, shifted away from the appropriate
standard of review and could be read to suggest that this court
should” “act as a panel of scientists that instructs the Forest
Service” how to perform its expert duties). The Forest Service
thoroughly considered various reasonable approaches to “protect
and enhance conditions” of the LRSs, NWFP S. & G. at
C-11, and offered a plan that does not “run[ ] counter to the
evidence before the agency or is so implausible that it could
be not ascribed to a difference in view or the product of
agency expertise,” Earth Island Inst. v. U.S. Forest Serv., 442
F.3d 1147, 1156 (9th Cir. 2006), abrogated on other grounds
11568 LEAGUE OF WILDERNESS v. ALLEN
by Winter v. Natural Re. Def. Council, Inc, 129 S. Ct. 365
(2008). Far from conflicting with the protection of LSRs,
carefully controlled logging is a tool expressly authorized by
the NWFP for long-term LSR maintenance.

On the other hand, here is what the Sierra Club website says about the same project:

Five Buttes Timber Sale

Five Buttes Logging SurveyFive Buttes Logging Survey, Oct 07
Photo by Marilyn Miller Our initial September 2008 legal victory stopping this large old growth timber sale is being contested during 2009 by a USFS appeal to the Ninth Circuit Court, so we are again in court to protect this area from severe logging harms. Our legal victory has been essential in helping protect Deschutes National Forest spotted owl Late Successional Reserve (LSR) habitat. The timber sale is currently under court-injunction stopping the sale and logging of the remaining five timber sales. For more pictures of destruction caused by logging the first Bass Sale tract of this timber sale, see the Five Buttes Photos page. Visit the Forest Service Five Buttes Project page for the FS documents related to this project.

Volunteer efforts achieving this legal victory have thus far protected old growth ponderosa pine as well as spotted owl mixed conifer old growth forests. Volunteer efforts in 2009 are needed to ensure our legal victory is not overturned and the area logged. Before our legal win, logging devastated one-sixth of the area forests, with the felling and removal of 200 to 400 year old ponderosa pine trees – that had survived centuries of recurrent fires – under the shameful pretense of “fire risk reduction”. The case has set important precedents that help our ongoing efforts to prevent harmful logging in several other area timber sales also.

Many many thanks to our wonderful team of attorneys, and to all the volunteers, staff, and allies who have helped achieve the initial victory – for the wildlife and natural forests. May we again prevail during this 2009 agency legal appeal! See the joint conservation organizations Five Buttes Press Release for a summary of this victory. The Court’s Summary Judgment Opinion provides the details of the decision. The Five Buttes legal appeal is available on the Comments and Appeals page. (3-09-09)

It’s not really about the documentation, is it?