It is Election Night..

On this election night, I would like to give a big shout-out to the commenters at NCFP who have not engaged in any negative partisan-infested rhetoric. Of course the comments wouldn’t have been approved on this blog, but we never even had to delete any strays thanks to your self-discipline.

We really appreciate your willingness to debate the concepts and realities and leave the partisan acrimony somewhere else.

I’m looking forward to have some new staff members of new elected officials to discuss the usual subjects with. Perhaps these new folks will come up with new ideas that will move forward into new territory our mutual quest to care for the land and the people.

Reality Check: Rainforest Site and the Sequoia National Monument

Ran across this letter..

I know that what they (The Rainforest Site?) say is not true, taken literally at face value, but I can’t even figure out from this what is statement really going on ..

Despite all of its commanding beauty, the Sequoia Monument is in grave danger. The US Forest Service has revealed plans to log the forest, creating space for commercial and residential development.

Note the commenter’s responses. They seem to believe what is written. Wonder if there’s a quality control department at the Rainforest Site?

The Quest for Consistency: Ski Bill Version

It appears that the quest for national consistency in summer management of ski areas has led to a specific bill (see story here). Here’s a quote.

Not all conservationists were supportive of the bill. Identifying permitted uses at ski resorts is best left to the forest planning process done at the regional level, said Louise Lasley, public lands director for the Jackson Hole Conservation Alliance.

During a forest planning process, factors such as public participation and addressing the needs of individual forests could be taken into consideration, she said.

“It seems like overkill,” Lasley said of the bill. “A federal law to prohibit or allow specific activities on leased ski areas on the forest seems Draconian, no matter what the outcome is.”

But we have a federal law for wilderness, and many want a national rule for roadless areas. Both of these allow and prohibits specific activities nationally. The question of what restrictions or sideboards should be decided nationally versus locally continues. And there is an associated question; if people agreed to do it nationally, the FS could issue national direction that might be easier than passing a bill. There must be more to this than meets the eye.

Sec. Vilsack’s Speech in Fort Collins

I attended the ribbon-cutting ceremony for the Rocky Mountain Station Laboratory in Fort Collins a few weeks ago and when I heard this speech I thought it was an excellent insight on his vision and priorities. Note his beginning discussion of the importance of outdoor recreation to the US public and to rural economies. And the importance of forests to reducing greenhouse gases through the use biomass for fuel. It is very exciting for a Secretary of Agriculture to show this kind of passion for, interest in, and knowledge about our forests.

Here’s the Youtube link.

Labor Day Weekend Safety Message- Hazard Trees

This weekend as you recreate, hunt (or as one colleague puts it, are off on a “spiritual retreat”), cut firewood or work, please remember these safety messages..
Here are safety guidelines for visitors to bark beetle country:

Plan for a Safe Visit

* Contact the ranger district office in the area you plan to visit for the most current information about recreation opportunities and closures and conditions.
* Review the Hazard Tree Guidelines that follow this list. Remember them as you park your car, sit down to rest or picnic, pitch your tent, plan your route, etc. Look up, look down, look all around. When travelling on forest roads and trails, be prepared to encounter fallen trees across the route. Riders of horses, ATVs, and motorcycles should be especially alert to these potential obstacles.
* Check the weather forecast before heading out. Winds and moist conditions increase the likelihood of trees falling.
* Make sure someone knows where you are going, when you expect to be back, and what to do if you don’t return.
* Don’t rely only on cell phones. Cell phone coverage is unreliable in many remote areas.
* When possible, travel in groups. If one member of your party gets hurt, the others can assist and get help. Solo travel is not advised.
* Dress for changing weather; conditions can change quickly no matter what time of year.
* Pack adequate food and water and personal safety equipment.
* Take a map, compass, or other items that will help you know where you are. Plan an open and safe route. Make note of openings you can retreat to if winds become strong.
* Falling trees aren’t the only hazard out there. Be prepared for storms, lightning, flash floods, altitude, ticks, mosquitoes, and wildlife encounters.

Hazard Tree Guidelines

* Remember, falling trees are always a hazard when visiting National Forest System lands.
* Be aware of your surroundings. Avoid dense patches of dead trees. Trees can fall without warning.
* Stay out of the forest during periods of high winds. If you are already in the forest when the winds kick up, head to a clearing out of reach of potential falling trees.
* Place tents and park vehicles in areas where they will not be hit if trees fall.
* When driving in remote areas, park close to a main road rather than on a spur or one-way section. If trees fall across the road, you may be trapped.

Here’s one for employees.

Ray Ring on Judge Molloy Opinions


photo by Kurt Wilson of the Missoulian

see this piece in High Country News.. entitled “How Green is Judge Molloy?”. It’s related to some of the discussion topics on this blog, including the ever-popular “impact of litigation on FS actions, especially in Montana.”

Many plaintiffs engage in “venue shopping.” Environmentalists take their cases whenever possible to Molloy and a few other notable federal judges, including B. Lynn Winmill in Boise (the primary watchdog on livestock grazing) and James Redden in Portland (the salmon champion), who were also appointed by Democratic presidents.

But picking your judge doesn’t guarantee victory. Molloy — who gets a lot of environmental cases simply because of his location — still rules against environmentalists more than half the time, says one lawyer who’s often in his court. Another frequent lawsuit-filer quickly names five timber sales that Molloy approved over his objections; all five were ultimately blocked by an appeals court.

Environmentalists don’t even agree on what they want from the judge. In last year’s grizzly case, for instance, the National Wildlife Federation agreed with the government, saying that the endangered species law didn’t need to be reapplied. That group, along with other pro-hunting groups such as the Rocky Mountain Elk Foundation, also backed the feds’ latest deal on wolves.

Molloy actually paddles his legal canoe more or less in the middle of the river. And despite complaints from some environmentalists, they still have better odds in his courtroom than in many others in the West.

More than anything, Molloy’s wolf ruling shows how environmental laws can sometimes block pragmatic and political solutions. And it underscores our basic psychology about judges: When they rule against you, they’re biased, but when they rule for you, they’re going on the facts.

Logging Road Run-Off is Point Source Pollution


In a decision issued today, the Ninth Circuit ruled that logging road run-off that is channeled by a system of ditches and culverts into navigable waters is point-source pollution regulated under the National Pollution Discharge Elimination System, which requires permits to limit the amount of pollution discharged to meet water quality standards. Although the case involved logging roads on Oregon’s Tillamook State Forest, its reasoning applies equally to the national forest system because the Clean Water Act directs that federal agencies be treated just like all others when it comes to water pollution.

This decision builds upon an earlier ruling that subjected pesticide spraying from airplanes to NPDES permitting. The ruling invalidates EPA’s long-standing silvicultural exemption from point source permitting.

Several responses to this ruling are possible. Here are my guesses. Will the State of Oregon appeal to the U.S. Supreme Court? Yes. Will the Court accept cert? No. Will EPA and/or its delegated state regulatory agencies seek to issue programmatic, general permits for logging road-related sediment discharge, much like it does for certain classes of in-stream gold mining? Yes (the court invites EPA to do so). Will forest road owners face increased scrutiny from citizen Clean Water Act lawsuits? Duh! Will road engineers start designing outsloping roads without culverts and ditches? Perhaps so.

Other speculations welcome.

“We keep trying to stop the fires” Char Miller

We keep trying to stop the fires
Essay -Published in High Country News here August 12, 2010 by Char Miller

Scorched earth and gnarled oaks lit up like flares. Blackened skies and the whomp-whomp-whomp of helicopters aloft as evacuees huddle in a local school. This quick-cut imagery can mean only one thing in California: The summer fire season has begun.

Although the first major fires in the Southern California counties of Kern and Los Angeles have been contained, the larger lessons to be drawn from this trio of late-July fires already are obvious. The stunning devastation from last summer’s Station Fire, and the political inferno it ignited, is driving a much-more aggressive firefighting response this summer.

Take the wind-whipped Bull Fire. It started July 26 in the Sequoia National Forest, and within three days had swept through 16,000 acres of grass and brush along the Kern River, near the town of Kernville. Nearly 2400 fire-fighting personnel battled the blaze, at their command an impressive arsenal of 124 fire engines, five bulldozers, 16 water tenders, and 14 helicopters. That ground and air technology, combined with 99 hand crews doing the essential back-breaking labor to clear fire lines around the perimeter, was a sign of the seriousness with which this early outbreak was taken.

Every bit as significant was the swift reaction to the West Fire. It flared up July 27, not far from major wind farms. The same gusting force that turns those turbines propelled the fire through the kindling-dry landscape; within two days it had burnt through an estimated 1400 acres. However small it may have appeared, the West also drew a major crew to extinguish it: more than 1000 firefighters from county, state, and federal agencies worked in conjunction with eight helicopters, nine fixed-wing aircraft and a fleet of engines and dozers.

They also got a governor. Not one to miss a fire-action photo-op, Gov. Arnold Schwarzenegger made an appearance at Tehachapi High School, command post for the West’s operations. He did what governors should do, praising the first responders and declaring Kern County a disaster area, a declaration that frees up additional state funding for the emergency. But his most critical contribution was in showing up. His presence underscores that politics, not science, is determining when and how fires will be fought.

True, one reason so many firefighters raced to the West Fire, and another 1750 were quickly dispatched to the fast-moving 14,000-acre Crown Fire near Palmdale, is that these areas have not burned in a very long time. The fuel load, and thus the level of fire danger, was (and remains) extreme.

Yet another reason why so many resources were hurled at Bull, West, and Crown fires is the searing memory of the 2009 fire that got away. Last August, a small, arson-ignited fire in the Angeles National Forest blew up into the single largest conflagration in the history of Los Angeles County. When the Station Fire finally was brought under control in October, it had torched more than 250 square miles of the San Gabriel Mountains, killed two firefighters and destroyed countless structures.

Its charred acres have become an in-your-face warning to firefighting agencies across the state. So have Congressional hearings that charged the Forest Service with mismanagement and media investigations that unearthed damning evidence about a possible cover-up of its actions. Because no agency head wants to endure such public scrutiny, and because no one wants to bear witness to the anguish of burned-out communities, every fire now is going to get hit hard.

This is not the smartest response. Not all fires must be controlled; some are essential to maintain ecosystem health. Not all firefighting makes economic sense, either. Yes, the commitment to protect human life is non-negotiable, the swift punishment of arsonists is essential and the need for more funds to fireproof the wildland-urban interface is critical.

But it is also true that Californians and other Westerners must become a lot smarter about where they choose to live. If they decide to reside in fire zones, they need to learn how to safely inhabit those areas so as not to endanger the lives of those racing to their rescue.

In the immediate aftermath of the Station Fire, these cautionary insights have gone up in smoke. Now that fire has become so politicized, whenever and wherever sparks fly, a small army of firefighters will storm in and flame-retardant will rain down.

Char Miller is a contributor to Writers on the Range, a syndication service of High Country News (hcn.org). He is director of the environmental analysis program at Pomona College in California and the author of Gifford Pinchot and the Making of Modern Environmentalism.

Threat to Forests: Housing

Things are admittedly slow on the blog this summer, but thought this might be of interest. Here is a link to a Seattle Times article.

Here is a link to the report.

Note that on this map, Colorado, New Mexico and Arizona (of the interior West) have big chunk of reds (for fires, and housing).

Alternative to Litigation- Western Watersheds and Ruby Pipeline

Here’s a link to a piece describing this …

But with El Paso’s commitment, “we agreed not to try to delay or litigate Ruby Pipeline,” said Jon Marvel, executive director of the Western Watersheds Project. His group is one on three plaintiffs in a federal lawsuit challenging the U.S. Fish and Wildlife Service’s refusal to declare the greater sage grouse a threatened or endangered species.

Marvel expects the Western Watersheds fund to eventually be used to buy grazing permits from willing ranchers, but the organization first wants Congress to approve legislation to allow federal agencies to permanently retire grazing permits in such cases.

“It’s unprecedented to have the support of industry to work for the retirement of public grazing permits,” Marvel said, emphasizing that the fund would only buy permits from willing sellers.