Role of local and state governments

Forest Service wins 2

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The Forest Service turned back a challenge on the Manti-La Sal National Forest to its management of a research natural area in Utah Native Plant Society v. U. S. Forest Service. The state of Utah had introduced mountain goats outside of the national forest boundary, over the objections of the Forest Service that they could adversely affect the plants being protected by the RNA. Plaintiffs challenged the Forest Service for allowing the reintroduction, and failing to remove the goats after they were introduced. The court dismissed plaintiffs’ claims because there was no requirement for a special use permit for actions beyond national forest boundaries or for “migrating wildlife,” and the Forest had not yet determined the effects of the introduction nor decided to take any action on the mountain goats that could be challenged. The court did indicate that this was not the end of the story:

“Indeed, it would be nonsensical if an administrative agency could kick the proverbial can down the road by merely stating that more research must be conducted before acting. Eventually, after further research, the Forest Service will need to take a position.”

In Granat v. USDA a federal district court in California upheld the travel management plan for the Plumas National Forest against a NEPA challenge from counties and motorized user groups. It refused to require the Forest to conduct field surveys to support its environmental analysis because plaintiffs did not explain how that would have changed the outcome of the analysis conducted by the Forest. The court found that the Forest had considered an adequate range of alternatives, that the prohibition of non-highway legal vehicles on maintenance level three roads was reasonable, and that the Forest properly coordinated with local governments. The EIS also adequately considered economic and recreation impacts and the Forest adequately responded to public comments. A cumulative effects analysis beyond the Forest boundaries was not necessary. Changes between the draft and final EIS were not “substantial” and did not require a supplemental EIS. The court also upheld compliance with requirements of the Travel Management Rule.

Federal lands and transitional economies

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Headwaters Economics has released this update to a report discussed at length here last year:

 “Rural counties in the West with more federal lands performed better on average than their peers with less federal lands in four key economic measures.”

“This update of research from last year finds that from the early 1970s to the early 2010s, population, employment, and personal income on average all grew significantly faster—two times faster or more—in western rural counties with the highest share of federal lands compared to counties with the lowest share of federal lands. Per capita income growth was slightly higher in counties with more federal land.”

An article on “transitional communities” adds:

“Rural decline is a large and complex issue that appears to be accelerating. According to the Pew Charitable Trust, during the period between 1994–2010, 38.4 percent of U.S. rural counties lost population; since 2010, over two-thirds of rural counties lost population.  This level of decline has far-reaching national and international implications for food and energy production, tourism, and national culture and identity.”

Putting them together, it looks like public lands can be an important asset for minimizing or avoiding rural decline, if communities can get their act together to embrace this potential and plan for it.

“Particularly in declining communities where long-established residents remember the charm of life in simpler times, residents can have considerable resistance to change. This connection and preservation of the past, while a rural virtue, can impede its adaptation into the future. Resistance to any proposed solution that “hasn’t been done before” simply impedes innovation or positive transition.”

The beginning of state management of national forests

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A group of Western senators, including Sens. Jim Risch and Mike Crapo, both R-Idaho, have introduced a bill to allow states to implement their own conservation plans to protect sage grouse and their habitats, in lieu of federal management.

Congress would be allowing states to override the decisions by the Forest Service and BLM to amend their plans to protect sage grouse, which would amount to letting states take over planning for national forests to the extent that it can be tied to sage grouse in any way.

Interior nominee Zinke talks about federal lands

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He had a lot of interesting things to say that generally put him within the normal range of political appointees to this position (a nice surprise, given some of Trump’s other nominees), including retaining federal ownership and understanding of climate issues, and this:

An admirer of President Theodore Roosevelt, Zinke said management of federal lands should be done under a “multiple-use” model set forth by Gifford Pinchot, a longtime Roosevelt associate and the first chief of the U.S. Forest Service.

Zinke also pledged to tackle an estimated $12 billion backlog in maintenance and repair at national parks, saying parks and other public lands should be a key part of Trump’s infrastructure improvement plan.

But the former Navy SEAL said his most important task at Interior will be to “restore trust” between the agency and the states and Indian tribes it serves.

“One of the reasons why people want to sell or transfer public land is there’s no trust, because they feel like they don’t have a voice,” Zinke said, referring to elected officials and residents of many Western states. “They feel like they don’t matter. Well, they should matter.”

The question of how much local interests and which local interests should matter to decisions for federal lands has always been a matter of degree and circumstances.  For example he might be talking about the “bi-partisan solutions” mentioned by Trout Unlimited.  But note the “nuanced” comment from Senator Tester, because “Zinke had last June endorsed a bill handing management of federal lands to state or local governments, while leaving ownership of those lands to the feds.”  (We should expect that USDA Forest Service policy under whomever is selected as Secretary would line up with USDI.)

County job description for biologist: “help us combat the radical environmental influence”

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This job interview of a former Forest Service employee by Tuolumne County Supervisors didn’t go well.

Supervisor Evan Royce noted he wanted to be explicit with Boroski, trying to make sure they are on the same page, by saying, “I think we have experienced a lot of extreme environmental influence on public lands policy and in Tuolumne County 78% of our county is publically owned and that has a huge effect on our communities, and we fight very hard on this board to try to protect our communities and represent them in a way that will preserve our quality of life and prosperity…looking into the future, as we are about to adopt a general plan and we’re dealing with new forest plans, it’s very critical to us that if we are going to do business with you that you represent us in that way and you help us combat the radical environmental influence that you see from groups like Center for Biological Diversity. That’s what we want.

A revealing look at their approach to forest plan collaboration.

Should the Forest Service intervene on the side of environmental groups?

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“Public interest groups filed a lawsuit Thursday, Sept. 15, challenging the city of Highland’s approval of the high-density Harmony development. The development sits at the confluence of Mill Creek and the Santa Ana River and is directly adjacent to San Bernardino National Forest lands and will bring more than 3,600 houses to 1,657 acres of land acquired by Orange County Flood Control in the Seven Oaks Dam project that are currently home to numerous endangered species, rare habitats, wetlands and crucial wildlife connectivity corridors, according to the suit.”

“The lawsuit was brought by the Center for Biological Diversity, San Bernardino Valley Audubon Society and the Greenspot Residents Association, who are represented by the law firm Shute, Mihaly and Weinberger. It argues the city of Highland’s City Council’s August approval of the project violates the California Environmental Quality Act.”

It sounds like potentially illegal local government actions could adversely affect national forest resources.  Shouldn’t the Forest Service be trying to protect those resources?  (Not to mention what this would add to fire management costs.)

http://www.highlandnews.net/news/political/lawsuit-challenges-high-density-harmony-housing-development/article_f36e5c3e-7cfd-11e6-845e-2bf853763e42.html

Remember the “Shovel Brigade?” Court unsettles settlement.

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This was the Bundy gang of the 90s.  The Forest Service decided that it would not rebuild a washed out road along the Jarbridge River in Nevada to avoid impacting the now federally threatened bull trout.  The locals threatened to rebuild it themselves.  The issue in court became “who owns the road.”

Under the Bush Administration, the Forest Service agreed to not challenge the county’s ownership – a substantive concession that a federal district court has just reversed.  The judge said, “Without evidence that Elko County owns the right-of-way, the consent decree gives land of the United States to Elko County without following proper procedural requirements.”

This is how the discretion of federal agencies to settle lawsuits may be limited.

On the question of whether a “road” existed prior to establishment of a national forest, the court required “a demonstration of more than random or merely occasional use.”