NEPA Challenge: Meaningful Participation Required, Says 6th Circuit

This E&E News article sounds like it could apply to USFS and BLM cases. I’m not sure if it sets precedent or not. The 6th Circuit’s decision is here.

Court dismisses NEPA challenge to Mich. trail

Amanda Reilly, E&E News reporter
Published: Friday, February 23, 2018

Citizens who don’t meaningfully participate at the planning stage of a federal action forfeit their ability to later challenge the environmental review of that action, a federal court ruled today.

The 6th U.S. Circuit Court of Appeals dismissed claims by a group of local residents challenging the National Park Service’s review of a scenic trail through Michigan’s Sleeping Bear Dunes National Lakeshore.

The plaintiffs can’t bring their claims because they didn’t raise their objections when NPS issued a revised plan for the trail, Judge John Rogers wrote for the court.

….

Navigating Social Forestry

Interesting open-access paper in the journal Land Use Policy: “Navigating social forestry – A street-level perspective on National Forest management in the US Pacific Northwest.”

Highlights:

• US National Forest management takes place within a vetocratic institutional setting.
• Non-agency actors both constrain and enable forest management.
• A mismatch exists between official policy objectives and institutional regime.
• Resulting decisions are sub-optimal for reaching management objectives.

CFRP Technical Advisory Panel will meet April 30 – May 4 in Albuquerque

Anyone on this blog going? Note that “The meeting is open to the public and grant applicants are encouraged to attend.” Press release:

The 2018 Collaborative Forest Restoration Program (CFRP) Technical Advisory Panel will meet April 30 – May 4 at the Hyatt Place Albuquerque Uptown, 6901 Arvada Ave., NE. The final number of days the meeting will last will depend on the number of grant applications we received by February 27. An agenda for the meeting will be posted on the CFRP Website the first week of March. The purpose of the meeting will be to review the 2018 CFRP grant applications and make recommendations to the Secretary of Agriculture on which ones best meet the program objectives. The meeting is open to the public and grant applicants are encouraged to attend.

For more information on the Collaborative Forest Restoration Program Technical Advisory Panel, please contact myself or Walter Dunn at [email protected] 505-842-3425.

Amanda Montoya
Program Specialist
Forest Service
Southwestern Region
p: 505-842-3176
[email protected]
333 Broadway SE
Albuquerque, NM 87102
www.fs.fed.us

Groups File Objections to Protect Fish, Wildlife and Recommended Wilderness on the Flathead National Forest

The Swan View Coalition put together the following blog post, which includes links to a bunch of official objections filed on the Flathead National Forest’s revised forest plan (including one from my organization, the WildWest Institute).

Conservation groups wanting better protection for fish and wildlife in the Northern Rockies filed Objections to the revised Flathead Forest Plan and Amendments to four other Forest Plans in the Northern Continental Divide Ecosystem.

The plan revision and amendments are intended to pave the way for delisting of threatened grizzly bear in the NCDE, which would remove their Endangered Species Act protection.

The groups launched a letter writing campaign in 2016. This resulted in 98% of the 33,744 comments the Forest Service received on its Draft Environmental Impact Statement calling for protection of all remaining roadless lands as wilderness and continuation of the road decommissioning program that agencies credit with improving grizzly bear security and helping restore critical bull trout watersheds.

The revised Flathead Forest Plan instead abandons its road decommissioning program and recommends for wilderness designation only 30% of the areas it found suitable for wilderness. The Kootenai, Lolo, Lewis and Clark, and Helena Forest Plans would similarly be amended to abandon road removal as a primary means to restore fish and wildlife habitat that has been damaged.

The groups rallied around the principles of the Citizen reVision alternative Swan View Coalition and Friends of the Wild Swan asked the Forest Service to include in its DEIS. The DEIS included some of these principles in its Alternative C, which it then assigned the highest marks for maintaining water quality and wildlife habitat connectivity. The FEIS and revised Flathead Forest Plan, however, select Alternative B-modified even though it is assigned “the highest risk of impact to aquatic species” and “is likely to adversely affect” already threatened grizzly bear, bull trout, and Canada lynx!

The Objections were due at Forest Service Region One headquarters in Missoula on February 12. The Region now has ten days to “publish a notice of all objections in the applicable newspaper of record and post the notice online.” The Region’s responses to the Objections are due within 90 days, unless it grants itself extensions.

Below are links to some of the Objections filed by groups supporting the principles of the Citizen reVision:

Swan View Coalition Objection and Supplemental Objection.

Friends of the Wild Swan Objection.

Independent Wildlife Consultant Brian Peck Objection.

WildEarth Guardians, Western Watersheds Project and Sierra Club Objection.

Alliance for the Wild Rockies, Montana Ecosystems Defense Council, Friends of the Wild Swan Objection.

Flathead-Lolo-Bitterroot Citizen Task Force, Wilderness Watch, WildWest Institute, Friends of the Bitterroot, Friends of the Rattlesnake, Friends of the Clearwater, Independent Consultant Mike Bader Objection.
Citizens’ Objection filed by WildEarth Guardians on behalf of 4,000+ signors.

Montana Chapter Sierra Club Objection.

The 3,000 pages of FEIS, Forest Plan and Forest Plan amendments can be found here.

Firefighters and Cops Win In FY’19 Budget

You know the authoritarians are in charge when firefighters and cops get more money and everyone else gets less. That’s the bottom-line in Trump’s FY 2019 Forest Service budget.

Many dismiss the administration’s annual budget exercise because Congress makes the final appropriations decision. But, the budget reflects the administration’s philosophy and priorities. It guides how political appointees view public lands and the role of government in their management. In this respect, the proposed Forest Service budget is a caricature of the Trump Administration.

Firefighting, already enjoying the lion’s share of spending, gets an 8% boost, which would move it from 41% to 53% of Forest Service discretionary spending. With the entire FS discretionary budget slated for a 16% cut, something else has got to give . . . and give and give and give. The biggest losers are Capital Improvement and Maintenance, i.e., taking care of roads, bridges, buildings and campgrounds, which drops 74%, from $362 to $95 million. State and Private Forestry gets a 43%19% (two funds are shifted to Fire) haircut and Research is slashed by 15%. Timber, which drops 6%, isn’t exempt from the chopping block either. Perennial poor mouth Recreation & Wilderness is cut 9%.

What else goes up? Law enforcement by 2%. Marijuana growers beware!

The Bureau of Land Management is “chaining” our public lands, and BLM’s next stop could be within Grand Staircase-Escalante National Monument

In my opinion, “chaining” looks straight outta Isengard from Lord of the Rings.

The Southern Utah Wilderness Alliance (SUWA) has launched a statewide television and online media campaign in Utah to focus public attention on the Bureau of Land Management’s destructive practice of “chaining” native pinyon and juniper forests to create more forage for cattle on public lands. Now the BLM wants to chain in Grand Staircase-Escalante National Monument. Call the BLM at 801-539-4010 or learn more at suwa.org/chaining

Oregon Raises Protections for Rare Seabird: Logging, Loss of Prey, Climate Change All Endanger Marbled Murrelet

Here’s the press release from the successful conservation groups.

PORTLAND, Ore.— Responding to a petition from conservation groups, the Oregon Fish and Wildlife Commission voted today to change the status of marbled murrelets from threatened to endangered under the Oregon Endangered Species Act.

The decision to uplist the murrelet reflects the increasingly imperiled status of the species in Oregon and represents an important step in reversing its ongoing decline toward extinction in the state.

“We applaud the commission for recognizing that the marbled murrelet warrants endangered status in Oregon,” said Nick Cady, legal director at Cascadia Wildlands. “This decision sets the stage for the state of Oregon to take the steps that will be necessary to recover this species in Oregon.”

The marbled murrelet is a seabird that nests in old-growth and mature forests and forages at sea. Its population has declined dramatically over the decades because of extensive logging in Oregon’s Coast Range. The commission’s decision could have implications for forest protection on state and private timberlands.

“While federal laws have stabilized habitat loss on federal lands, the state of Oregon has continued to allow logging of older forests at an alarming rate and failed to adequately address new threats to the species,” said Bob Sallinger, conservation director for the Audubon Society of Portland. “Changing the murrelet’s status to endangered will help ensure that Oregon takes the steps necessary to do its part to save this species.”

In response to a petition from multiple conservation organizations, the Oregon Department of Fish and Wildlife developed a status review to assess the murrelet’s condition. The review demonstrated that murrelets need increased protections under the Oregon Endangered Species Act due largely to loss of nesting habitat from ongoing clear-cut logging. State protections are critical, because although many of Oregon’s Coast Range old-growth forests have been logged and converted into industrial tree farms, some of the best remaining older forests occur on state-managed lands.

“We’re pleased commissioners made a sound, science-based decision that’s exactly what these desperately imperiled seabirds need to survive,” said Tierra Curry, senior scientist at the Center for Biological Diversity. “The science was absolutely clear that the murrelet warrants endangered status in Oregon. This protection will be critical to preserving an amazing part of our state’s natural heritage.”

The murrelet was listed as threatened in 1995. However, the recent status review conducted by Oregon’s Department of Fish and Wildlife concluded that the “key threats identified at the time of listing have continued or increased, and many new threats have been identified since the 1990s … the life history exhibited by this species provides little opportunity for the population to rapidly increase even under the most optimal circumstances.” It also noted that the primary causes of marbled murrelet declines — loss and fragmentation of older forest habitat on which the bird depends for nesting — have “slowed, but not halted … since the 1990s,” with greatest losses occurring on lands managed by the state. The review specifically notes that existing programs and regulation have “failed to prevent continued high rates of habitat loss on nonfederal lands in Oregon.”

The Oregon Endangered Species Act requires that the commission adopt survival guidelines for the species at the time of reclassification. Survival guidelines are quantifiable and measurable guidelines necessary to ensure the survival of individual members of the species. Guidelines may include take avoidance and protecting resource sites such as nest sites or other sites critical to the survival of individual members of the species. They would serve as interim protection until endangered species management plans are developed by applicable state agencies and approved by the Fish and Wildlife Commission.

“It is remarkable that this species has been listed as threatened for more than 20 years but the state of Oregon has never developed a plan to actually protect murrelets on either lands owned by the state of Oregon or private timber lands,” said Quinn Read, Northwest director of Defenders of Wildlife. “The status quo has failed this iconic Oregon seabird. We look forward to working with ODFW and other agencies to developing a plan that will truly protect this species and allow it to recover in Oregon.”

“This is an important step for ODFW. The agency has struggled to faithfully act on it’s core mission of protecting all native fish and wildlife in our state, but with this action to protect the marbled murrelet we hope they have turned the page,” said Steve Pedery, Conservation Director for Oregon Wild.

The conservation groups that initiated the petition to declare the marbled murrelet endangered in Oregon were Cascadia Wildlands, Audubon Society of Portland, the Center for Biological Diversity, Oregon Wild, Coast Range Forest Watch and the Oregon Chapter of the Sierra Club.

Colville NF poised to set records as timber harvest, restoration increase

This article from the Spokane Spokesman-Review, “Colville National Forest poised to set records as both timber harvest, restoration increase,” notes that “The forest is expected to yield 120 million board feet of forest products in 2018, compared to 70 million board feet in 2017, said Colville forest supervisor Rodney Smoldon.”

“Compare that to the two years before 2017, when the forest’s output didn’t reach 50 million board feet; or since the late 1990’s, when it struggled to offer 40 million board feet per year.

“Those advances haven’t come overnight, and have spanned several White House administrations and leadership changes in Congress.

“Smoldon said he credits the advances to a mixture of local collaboration and use of innovative management tools Congress has provided, including those in the 2014 Farm Bill. Those resources were motivated, in part, by hopes of expanding forest restoration work necessary to reduce the risk of wildfire in northeast Washington.”

Lots to discuss in the article, including the words of Mike Garrity, executive director of the Wild Rockies Alliance: “corporate welfare.” His group lost in court, so far, on a challenge of the project.

Jeff Juehl, national forest chair of Upper Columbia River group of the Sierra Club, raises a good point: that the Forest Service doesn’t have the budget to monitor the contractors doing the work (Vaagen Bros.). Does the Northeast Washington Forestry Coalition do some monitoring?

FYI, I picked a year at random to check past volumes — 1988, when the Colville cut 127 million BF.