Forest Service Truth in Advertising: Using Pretty, Unlogged Forest Photos to Promote “Active Management”

Last week on this blog, a post focused on comments members of the public left on the Sierra Club’s Facebook page regarding the issue of logging and management of the Giant Sequoia National Monument. The basic ‘gist’ of the post was that the Sierra Club wasn’t being truthful in their advertising. If you look at the comments to the post (which listed 30+ comments that were on the Sierra Club’s FB page) from Jon Haber, I do believe that Jon provided some pretty good evidence and legal history documenting past threats and also explaining how future threats are certainly not out of the question.

So, let’s take a look at the official Twitter account of the U.S. Forest Service. Today, they posted this collage of photos above with the text “Active management is key to helping reduce wildfire severity and forest resilience. In 2018, the USDA Forest Service improved conditions on 3.5 million acres of forestland.”

Does anyone spot any evidence what-so-ever in any of the four photos of anything that comes even remotely close to indicating that any of these areas saw any “active management” in 2018, or even within the past decade?

When I look at the four photos, what I see are some fairly pristine areas, which appear to look much more like a Wilderness area, or a roadless area, or an unlogged native forest than anything that comes close to resembling “active management” to “reduce wildfire severity.”

In fact, the forest-type presented in each of the four photographs all appear to be more like a mid- to upper-elevation mixed conifer or spruce-fir forest type. Ironically, if a wildfire would start burning in the forest-types and ecosystems presented in each of these four photos, the wildfire would naturally and normally very likely burn at mid- to high-severity – the very type of fire that some politicians catastrophic.

It goes without saying that I think it’s pretty darn dishonest for the U.S. Forest Service to be officially using these four photos to promote “active management” (which often times means logging and “thinning”). The other thing I found sort of interesting is the claim that in just 2018 the U.S. Forest Service accomplished 3.5 million acres of some type activity that supposedly will “reduce fire severity and increase resilience.” That accomplishment in just one year on nearly 5,500 square miles of U.S. Forest Service land is a far-cry from the rhetoric we hear from many right-leaning politicians, who claim the USFS can’t do anything because of “environmental terrorist groups” and “environmental extremists.”

P.S. Here are a couple of photographs showing actually U.S. Forest Service projects, which had a stated goal of reducing fire severity and increasing resilience. Guess these photos just would not have been as pretty to use in the Forest Service’s PR efforts.

The myth of “coordination”

In recent years this the idea of “coordination” has been sold to local governments as a legal tool to make federal land managers do what the locals want with national forest plans.  It’s a myth that periodically needs busting.  This article describing the response of the Malheur National Forest and a document from the Northern Region provides a pretty good summary of the history and reality.

“Based on recent local government resolutions or ordinances and letters to some national forests, it appears that some local government officials believe the (National Forest Management Act) coordination requirement means the Forest Service must incorporate specific provisions of county ordinances into forest plans or that the Forest Service must obtain local government approval before making planning decisions,” Hagengruber said.

“This position overstates the NFMA obligation of the Forest Service,” he continued. “The statute does not specify what actions are required to coordinate Forest Service planning with local government planning, and it does not in any way subordinate federal authority to counties.”

“Rather,” he continued, “the Forest Service must consider the objectives of state and local governments and Indian tribes as expressed in their plans and policies, assess the interrelated impacts of these plans and policies, and determine how the forest plan should deal with the impacts identified.”

Interior Dept. to limit freedom of information

To add to the lawsuits that result when the government misses its deadline to provide information subject to the Freedom of Information Act, we may soon see a lawsuit against USDI’s effort to not have to provide the information in the first place.  Comments on their proposed new FOIA regulations were due Monday.

(The purpose is to) “streamline the FOIA submission process in order to help the Department inform requesters and/or focus on meeting its statutory obligations.”

The department proposes limiting the number of requests that individuals or groups could file each month, and to “not honor a request that requires an unreasonably burdensome search or requires the bureau to locate, review, redact, or arrange for inspection of a vast quantity of material.”

A department spokeswoman said making the process more efficient would “ensure more equitable and regular access to federal records for all requesters, not just litigious special interest groups.”

FOIA represents a strong statement from Congress about the importance of open government.  Responses to FOIA requests often reveal illegal activity and become the basis for lawsuits. Still, every administration seems to stamp its own bias on its FOIA procedures, and this is Trump and Zinke.

As a practical matter, it can take a lot of agency resources to comply with FOIA requirements.  But as a legal matter, the law is pretty clear about what has to be provided and how fast.  Regulations can’t change that.  There is nothing in the law that excuses agencies from honoring a request if they happen to take actions that generate “vast” quantities of material, or if some aspect of providing required material is “burdensome.”

(Could the USDA Forest Service be brewing something similar?)

 

Mining by the Ouachita National Recreation Trail

I found three things interesting about this situation.  Legally, I think there is a problem if the environmental analysis for a mine fails to say anything about the proximity to or the effects on a national trail and its users.

Bo Lea, president of FoOT, told The Sentinel-Record Jan. 15 that the Ouachita National Recreation Trail is a 223.5-mile premiere hiking and biking trail, and FoOT’s concern was that project’s environmental assessment made “no mention of the Ouachita Trail except for one map that shows a 150-foot buffer between the trail and the mining area. That’s only 50 yards.”

The Forest seems to be assuming that the buffer will fully mitigate any effects, but that has to be disclosed and supported by some analysis.

Politically, this area is in the Congressional district of Bruce Westerman, who has become renowned for proposing anti-environmental riders to Forest Service legislation.  At least he is consistent:

“I’ve long supported sustainable mining in the 4th District, provided it benefits local communities and stewards natural resources well,” Westerman said Tuesday in an email. “I look forward to the results of the Quartz Mine’s environmental review, and hope to see it progress in the upcoming year.”

Lastly, this is an area that is promoted for mountain bike use by the Forest Service and organizations that appear to support both hiking and biking.  It’s an “epic” biking trail, and it doesn’t go through any wilderness areas.

Disagreement About Fuel Treatment: Exhibit A?

Still More Agreement About Fuel Treatment: Conservation Colorado and former Secretary Zinke

Sharon said:

That’s why I’m thinking that finding some projects that entail:
1. FS clearcutting in California
2. Fuel treatments in backcountry
3. Fuel treatments taking out big fire-resilient (living?) trees

Would help us understand exactly what the issues are.

I think this project might be a good place to start:

Destructive wildfires along the California-Oregon border in recent years has the U.S. Forest Service pursuing projects to clear forests of burnt debris and trees that could feed future fires. One of those projects included selling the rights to log old-growth trees in Northern California, until a federal judge halted the timber sale on Friday.

Environmental groups asked a federal court to halt the Seaid-Horse timber sale in the Klamath National Forest. They say it would violate the Northwest Forest Plan by clear-cutting protected old-growth trees and harming Coho salmon.

Its purpose is: “Reduce safety hazards along roads & in concentrated stands, reduce fuels adjacent to private property, & to reduce the risk of future large-scale high severity fire losses of late successional habitat.”

So it’s got California, clearcutting, fuel treatment and big trees.  It’s also got wildlife issues, which is the other point of disagreement I suggested.  Maybe not back-country, but certainly not front-country – mid-country? 

It even comes with a spokesperson who is probably familiar with our questions:

Western Environmental Law Group attorney Susan Jane Brown says old-growth trees in Northern California provide a habitat for threatened species such as the northern spotted owl. They’re also the most resilient in enduring wildfires.

“We could agree that cutting small trees is a good thing to reduce fire risk, but when it comes to cutting very large, very old trees, that’s an entirely different matter,” Brown said.

 

 

America’s First Forest: Carl Schenck and the Asheville Experiment

This comment by Retired Smokey Bear reminded me that at the recent Forest Service Retirees’ meeting in Asheville, we were fortunate to have a screening of this film.

If you haven’t experienced this part of the country and its history, I highly recommend it.

It might be hard to schedule with our PBS outlets in the West, but I thought it was definitely worth watching.  Note that it was an official selection of the Colorado Environmental Film Festival, so at least some westerners found it worthwhile.

Here’s a link to the trailer.

 

California Fires Map

Interactive map of fires in California: worth a look.

Nantahala-Pisgah forest plan comments

The third of three articles on the results of a Carolina Public Press Freedom of Information Act request for the more than 6,000 comments focuses on governmental emails.

Hmmm … maybe this is one of those articles where we should debate the author’s approach, especially his choice of who to interview (somewhat tongue-in-cheek).  Here is one thing a “retired Forest Service bureaucrat” had to say …

Mostly absent from the collaborative groups are elected officials. While elected officials represent residents, Friedman said, they are seldom effective members of stakeholders groups that strive for collaborative solutions.

“They may not share the level of passion and knowledge of individuals, experts and special interest groups that participate in stakeholders groups,” she said.

An interesting theory.  Friedman had quite a few things to say.  (Maybe she can explain why the locals insist on calling this the Pisgah-Nantahala National Forest.)

(The article includes links to a number of articles on this Forest’s plan revision process.)

AP: Trump rollbacks for fossil fuel industries carry steep cost for people and planet

According to this piece by Billings, Montana-based Associated Press writer Matthew Brown:

As the Trump administration rolls back environmental and safety rules for the energy sector, government projections show billions of dollars in savings reaped by companies will come at a steep cost: more premature deaths and illnesses from air pollution, a jump in climate-warming emissions and more severe derailments of trains carrying explosive fuels.

The Associated Press analyzed 11 major rules targeted for repeal or relaxation under Trump, using the administration’s own estimates to tally how its actions would boost businesses and harm society.

Just check out this list of regulation for the oil, gas and coal industry. Many of these regulations impact resource extraction on America’s federal public lands, one way or another.

According to the Associated Press: Under President Donald Trump, federal agencies have moved to roll back regulations for companies that extract, transport and burn oil, gas and coal. Government analyses show companies will save billions of dollars in compliance costs, but the trade-off often will be adverse impacts to public health and the environment.

See the full list here.

The AP identified up to $11.6 billion in potential future savings for companies that extract, burn and transport fossil fuels. Industry windfalls of billions of dollars more could come from a freeze in vehicle efficiency standards that will yield an estimated 79 billion-gallon (300 million-liter) increase in fuel consumption.

On the opposite side of the government’s ledger, buried in thousands of pages of analyses, are the “social costs” of rolling back the regulations. Among them:

Up to 1,400 additional premature deaths annually due to the pending repeal of a rule to cut coal plant pollution.

An increase in greenhouse gas emissions by about 1 billion tons (907 million metric tons) from vehicles produced over the next decade — a figure equivalent to annual emissions of almost 200 million vehicles.

Increased risk of water contamination from a drilling technique known as “fracking.”

— Fewer safety checks to prevent offshore oil spills.

But, hey, “Make America Great Again,” right?

Welcome Back, Federal Employees!

Welcome back dear friends and colleagues! To say we missed you would be a vast understatement. I’ve been saving many posts until you were back to discuss them, because we would have missed so much in the discussion without your contributions. Below, I’m going to review posts and discussions after 12/22/18.

I’m going to try to highlight some of the topics since you’ve been gone.

(1) Supporting You All. We posted Jim Caswell’s letter to retirees about what we can do to help employees during the shutdown here.

(2) The Smokey Wire Changes You will notice the site looks very different. The site went down (for the first time in nine years!) because the hosting service felt it had been infected with malware (at the same time I was asking for tech support for a problem). Also the site needed to be updated because our theme was not compatible with Word 5.0. I won’t trouble you with the details of the need for donations, but for now just explaining the current status and ask that if you have problems, please let me know.

(2) Poop in National Parks. Here, we looked at the coverage of Park closings compared to National Forests, and wondered what it means that certain public lands are generally open without problems, but people at others use the absence of people to enforce rules as an opportunity to do bad things. I suggested a social scientist SWAT team to investigate this further. As parks and Forests get more and more crowded, it seems to me that figuring out the motivations of people who break rules would be very helpful. But to be fair, there was also poop in one of our State Parks.

(3) More Agreement Than You Might Think, or the Three Types of Straw Projects. I posted two news stories (here and here) with suggestions that people might be in agreement about fuel treatments in general, with exceptions for the Straw Projects, but really, if there are no actual Straw Projects, then they are actually in agreement.. In the California story, perhaps folks were talking past each other because the California Forestry Association person was talking about what they were for on federal land, and the Sierra Club person was talking about what she was for on private land. Matthew found out that the Sierra Club still has the policy of being against any commercial logging on federal land. We had a great discussion, including thoughtful comments by Jon and Anonymous, and we’re not done with this one yet. The closeness of possible agreements is tantalizing, as well as trying to understand what people are thinking. In Colorado, in many places, we’d like it if people would haul away our thinned material for free, let along pay us!

(4) Mountain Bikes Good discussion among people with knowledge and different points of view. Original post was about not allowing a bike race a permit, but got into the Mountain Bikes in Wilderness debate.

(5) What Was Open and What Was Shut Down This started off as being about oil and gas operations, but went on to logging operations (that violated contract and legal requirements according to Susan Jane Brown’s comment here, but as Anonymous said, ski areas were not shut down either.  Susan also shared this E&E news story that tried to make sense of what was shut down or not.
 

I know that this summary is incomplete and is heavily biased towards the last few weeks. Others are free to add.