NFS Litigation Weekly November 16, 2018

Forest Service summaries:  Litigation Weekly Nov 16

(New case.)  Environmental groups challenge the Rico-West Delores Roads and Trails Management Project on the San Juan National Forest regarding effects on elk.  (D. Colo.) (A lawsuit by motorized users was filed earlier and described here.)

(New case.)  Environmental groups challenge the Kilgore gold mining exploration project, allowing ten miles of new roads and 140 drill stations, and its environmental assessment on the Caribou-Targhee National Forest.  (D. Id.)

 

Blogger’s Bonus

The plaintiff is a grazing permittee seeking to enjoin the Forest Service from enforcing certain livestock grazing management standards against Plaintiffs’ grazing operations on a grazing allotment within the Beaverhead-Deerlodge National Forest.  The court looked only at the question of irreparable harm that would occur to Plaintiffs prior to resolving the case, found none and denied the injunction.

This was introduced as a new case here.  Regarding my comment about granting Plaintiffs’ relief, the Forest did reinstate grazing privileges, but the parties still disagree about the appropriate annual use levels incorporated into existing permits.

The Cove Fire Salvage and Restoration Project would remove fire-damaged trees on the Modoc National Forest, which is proceeding under an “Emergency Situation Determination.”  On October 30 the court denied a preliminary injunction motion involving compliance with the Sierra Nevada Forest Plan Amendment requirements for northern goshawks and riparian areas.  It held that the project was consistent with guidelines that permit salvage harvest after “stand replacing” events, and that require surveys as part of project planning, and it held that guidelines do not require remapping of goshawk habitat in the project area.  The court found the Plaintiff has “some likelihood of success” regarding effects on the Modoc sucker, a recently delisted fish species, and regarding the “hard look” required by NEPA.

However, the court was not impressed with Plaintiff’s arguments that it would be irreparably harmed by the project.  It distinguished the many precedent cases that had established a fairly low bar associated with environmental harm, including implying that such harm is only associated with “the logging of healthy mature trees.”  In balancing the equities and the public interest, the court placed significance on “hazardous roadside trees that pose a risk of falling within the next five years,” and the “interest in mitigating the intensity and severity of future fires, increasing ecosystem resilience.”

 

 

Zinke: “It’s not the time for finger-pointing” Also Zinke: “I will lay this on the foot of those environmental radicals”

A day after President Trump blamed California’s wildfires on a lack of raking, Secretary Zinke told Breitbart that “It’s not the time for finger-pointing” regarding wildfires.

And then literally a few minutes later Zinke said “I will lay this on the foot of those environmental radicals that have prevented us from managing the forests for years … This is on them.”

Not climate change. Not record high temperatures. Not record drought. Not high winds. Not over-development in fire prone landscapes. Not PG&E power lines that sparked the Camp Fire. Nope.

It’s all the fault of “environmental radicals.”

Does anyone know if “environmental radicals” are also the same as “environmental terrorist groups,” whom Zinke blamed for wildfires in California back in August?

A Picture is Worth at Least 1000 Words

“Natural Forest Regeneration”? (in the Eldorado National Forest.)

#MakeAmericaRakeAgain

“You gotta take care of the floors. You know the floors of the forest, very important… I was with the President of Finland… he called it a forest nation and they spent a lot of time on raking and cleaning and doing things and they don’t have any problem.” – President Donald J. Trump

INCHES OF RAIN DURING SUMMER (June – Sept):
Helsink, Finlandi: 12″
Los Angeles: 0.2″

DAYS OF RAIN IN SUMMER:
Helsinki: 64
Los Angeles: 2

P.S. If you do live in the wildland-urban interface it is a good idea to rank dry leaves and needles from around your home and remove dry materials from your gutters. Learn more about FireWise steps you can take as a homeowner.

California Chaparral Institute on new housing developments in very high fire-prone areas

Rick Halsey of the California Chaparral Institute says so many smart things in this TV interview…and, in my opinion, the reporter does an excellent job as well. The segment starts at the 5:33 mark and runs to the 9:10 mark. Blog readers may recall that Rick Halsey has, in the past, been a commenter on this blog and has always offered spot-on perspective on a host of issues, including wildfires and the ecology of the chaparral ecosystem in California. Also, great work by the Center for Biological Diversity to help convince the San Diego County Board of Supervisors to delay decision on approving another subdivision in fire-prone areas.

Two Stories on the Forest Service Oversight Hearings on Sexual Harassment

Here is the coverage from Government Executive: Two points first, Gov Exec reporting.

While training in fire-fighting, she was called a ***** and was told she would have to ***** to keep her job, she said. Male supervisors threatened to “bend me over and spank me,” she testified. She was tripped, pushed and kicked.

When Reed left the National Park Service operations at the Grand Canyon in 2015 to transfer to the Forest Service, “little did I know I was going from the frying pan to the fire,” she said. Men told her she was “unwelcome as a female” and “seen as a sex object” who had “no right to the job.”

Some of the worst quotes in the NPR story here actually were from the Park Service part of her testimony, based on what GovExec reported. Not that the FS is any better.. but.. for accuracy.

What I thought was interesting about this Gov Exec reporting is that they added the context of the Park Service to the story about the House heaing. The FS (Christiansen and Vela) have what appears to be variants of the same problem (and other Interior agencies may, and since Ms. Reed’s worst stories have to do with fire, and fire is interagency) doesn’t it make sense for these agencies to work together or try the same things, or consciously try different things and compare? It sounds like they are all independent efforts. Could this be a problem?

“Changing a culture is a multi-pronged effort,” Christiansen said, adding that any large organization has a population of mostly good people but some “who don’t do the right thing.” She said she “would like to say [we could do] it in six months, but with an agency that’s 112 years old with a mission of getting a critical job done in remote locations—[it won’t be done] overnight.”

Reed, who identified herself as one of the 34 women, said her case of being fired after retaliation has not been closed. She said the new Forest Service remedies “have no real application in reducing sexual harassment.” The process is a “failure and a waste of money” that “has not made a safe environment for reporting sexual harassment,” she added. She still knows women who are being forced to have sex with their supervisors, Reed said.

On the Senate side, Raymond David Vela, a 28-year career Park Service employee whom Trump nominated to head the agency in August, told the Energy and Natural Resources panel that his agency “had made great strides” but in some ways had still “fallen short” in creating “a workplace that treats them with the dignity and respect they deserve.”

Vela called harassment “a scourge” for the service and society. “We will continue to hold people accountable,” he said. “We’re in a better place, with better reporting, subject-matter experts and a defined process.” But he said he was still learning what “takes place in the field, where we haven’t had adequate reporting and protocols.” The NPS is “not quite there yet on accountability,” Vela said. “Every leader in the Park Service must own this,” and it will be used in their performance evaluation process.

NPR’s headline was Forest Service Chief says “it will take longer than any of us want.” I think that that’s a true statement. What was missing from the NPR story IMHO was any context of other efforts by other kinds of agencies.

Just for reference, let’s look at the military’s annual report on assault, not harassment.

Out of those 2,218 cases in which commanders had evidence to take action, 1,446 received action on at least one sexual assault charge; 774, or 54 percent, of the 1,446 cases were entered into the court-martial process, while the remaining cases received adverse administrative actions or discharges (378 cases) or were administered nonjudicial punishment (294 cases). The remaining 772 cases had no evidence of a sexual assault crime, but resulted in disciplinary action on some other form of misconduct discovered during the course of the sexual assault investigation, such as physical assault, making a false official statement or underage drinking.

Friday Funny- Conference Bingo

This is from a conference of the Society of Biblical Literature and American Academy of Religion, but reminded me of various scientific and forest related conferences I have attended. A manel is a men only panel.. who knew there was a word for it? Author is Juli Gittinger.

House Oversight Hearing Tomorrow (Nov. 15, 2018) on Forest Service Misconduct and Retaliation


Here’s the link. If anyone wants to watch and report, please comment below.

There was a radio show with Shannon Reed, Lesa Donnelly and Lawrence Lucas on Blog Talk Radio. The link is here. I think it was Lesa that said some pretty derogatory things about the Chief and other women leaders in the FS (to my mind, uncalled-for). It does give you insight into what some of the players will say in a less formal environment than an Oversight Hearing.

The House Oversight and Government Reform Committee will receive an update this week on the Forest Service’s response to a history of sexual misconduct in the agency, as complaints about officials’ response continue to surface.

Forest Service Chief Vicki Christiansen is among the witnesses scheduled to testify Thursday. Since taking charge of the Forest Service in March, she has put a new reporting system in place and vowed to change the workplace culture — but reports of harassment and retaliation against those who report it have persisted, according to Chairman Trey Gowdy (R-S.C.).

The hearing follows a letter Gowdy wrote to the Department of Agriculture — which oversees the Forest Service — on Oct. 22, requesting documents and information related to sexual misconduct and the agency’s response. He had asked the department to comply by Nov. 5.

News reports this year have shed light on a long history of harassment and similar behavior within the agency, especially in firefighting crews. The scandal reached the top of the agency earlier this year, when Forest Service Chief Tony Tooke resigned amid reports about a romantic relationship he had a decade earlier with a lower-ranking agency employee, when he was a forest supervisor.

Christiansen has overseen the development of a new system to confidentially report incidents, as well as mandatory anti-harassment training for employees. USDA’s Office of the Inspector General has been looking into the issues, and Inspector General Phyllis K. Fong is scheduled to testify.

But a group of current and former Forest Service employees complained in a Nov. 9 letter to Christiansen and lawmakers that the department’s efforts have fallen flat and that officials haven’t responded to letters from the USDA Coalition of Minority Employees outlining many incidents.

“We women continue to be discriminated against, harassed, endured sexual and physical abuse, and experienced retaliation,” they wrote, asking for a meeting with Christiansen. “The Coalition had no choice but to seek congressional hearings and contact news media, radio media and television media to expose the serious issues of discrimination, harassment, and workplace violence against female employees.”

Retaliation against employees, including denial of training and fire assignments, and false disciplinary charges, has occurred since March, when Christiansen became interim chief after Tooke resigned, they said.

The current and former employees also asked to be included in meetings with USDA and the Forest Service “to collaborate on problem solving,” and they predicted that some of the signers of the letter will be “illegally fired.”

Schedule: The hearing is Thursday, Nov. 15, at 10 a.m. in 2154 Rayburn.

Witnesses:

Forest Service Chief Vicki Christiansen.
Phyllis Fong, USDA inspector general.
Shannon Reed, air quality specialist and former employee, Forest Service.

Does anyone have a copy of the Nov. 9 letter to Christiansen? Please email to me or attach in comments.

WGA Biosecurity and Invasive Species Webinar Today from Montana

Livestream keynote, roundtables at today’s Invasive Species Workshop. This is another webinar from WGA on Biosecurity and Invasive Species. As always, anyone in the NCFP community is invited to watch and summarize for us, either as a comment or a separate post (email to Sharon). Here’s the link, it will also be available afterwards. The keynote is at noon MT. Apparently feral swine have made it north of the Canadian border. I listened to the one by Hans Bodenhamer, a science teacher at Big Fork High School on how the cavers and biologists are working together to study bats- that one’s worth a look. Working together to get knowledge and manage. Great story!

Here’s a link to the agenda.

Montana Gov. Steve Bullock will speak today in Helena at the Western Governors’ Biosecurity and Invasive Species Initiative workshop focused on early detection and rapid response. The schedule and links to watch the event livestream may be found below. All events are listed in Mountain Time and may also be viewed on Facebook.

Wednesday, Nov. 14

Rapid Response for New Species and Disease Detection
s – Funding, Authorities, and Collaboration (8:20 a.m.)
WGA Executive Director Jim Ogsbury will deliver opening remarks, leading in to this panel on effective partnerships, policies, and data sharing to help managers respond to new occurrences of invasive species.

Regional Invasive Mussels Partnerships and Action Plans (9:30 a.m.)
Researchers and land managers will examine effective regional partnerships to control the spread of invasive mussels, as well as opportunities and challenges to coordinate management actions between agencies.

Terrestrial Invasive Species Case Study
(10:45 a.m.)
Panelists will examine the impacts of terrestrial invasive species on Western landscapes. Innovative management strategies and private landowner-led projects will be highlighted.

Keynote: Montana Gov. Steve Bullock (12 p.m.)

Where and When to Intervene on Invasive Species? The Costs of Control at Early, Middle and Late Stages of Infestation
(12:45 p.m.)
Panelists will highlight case studies of the various stages of invasive species control and how to most effectively demonstrate impact with limited funds.

Aquatic Invasive Species Case Study (1:45 p.m.)

Panelists will discuss the impacts of aquatic invasive species in the Mountain West and exciting technologies that improve invasive mussels monitoring.

Monitoring Invasive Species Infestations and Vectors (3 p.m.)

How invasive species managers are approaching the challenge of monitoring the spread of invasive species by focusing on specific vectors, or pathways.

International Coordination on Feral Swine Management (4 p.m.)
Populations of invasive feral swine have been confirmed north of the Montana-Canada border. Panelists will discuss collaborative management efforts at state, federal and international levels.

Beyond the Trumpstorm: How California Is Ramping Up Forest Management

Current California Governor Jerry Brown

It’s interesting that the many outlets that reported on the President’s tweet seemed to question the relevance of forest management- and didn’t seem to check on what California is actually doing with regard to forest management. Maybe emotional critiques are click-worthy and facts, not so much. It didn’t take me long to access the below information on what California is doing from local media outlets.

We find that Trump was wrong, California is ramping it up forest management-wise and (2) if forest management is irrelevant (or an R plot) why is the California state legislature and governor (all D’s) doing so much? Of course, where there are no trees, forest management isn’t relevant. But plenty of California has trees.

So what has the State Legislature passed? Here’s a detailed story by Guy Kuvner of the Santa Rosa Press Democrat. Kudos to him for digging into the details! There’s also a nice summary of all the new wildfire legislation.

Wara (Stanford professor), who was called as a witness at the committee’s first hearing, said it was “almost a no-brainer” that California had to spend more money on “vegetation management,” the term that refers to controlled burns, thinning forests and other means of reducing the fuel available to fires. He recalled that Cal Fire Director Ken Pimlott was asked at a hearing how much it would cost to make the wildlands safe. Pimlott couldn’t say.

“It’s such a big problem they never even thought they would conceivably have the resources to address it,” Wara said.

Assemblyman Jim Wood, a Santa Rosa Democrat who served on the committee, risked some political capital by stating he would not vote for the committee’s centerpiece bill without guaranteed annual funding for vegetation management, which he said should be $300 million a year.

That bill, SB 901, ultimately included just one new appropriation — $200 million a year for five years, or $1 billion — for vegetation management.

Wood, who also wrote five other fire-related bills, said he and Brian Dahle, the Assembly Republican leader from Lassen County, had been pushing a fire prevention plan for four years and the hazardous summer provided the right time to sell it.

“People have heard us, they’ve seen the catastrophic fires,” Wood said. “It was the perfect opportunity to make a big step toward protection in the future.”

“Jim Wood really lit a fire under the committee and the administration to get this done,” Dodd said.

“That was an accomplishment,” Wara said.

Cal Fire had dispensed $243 million in grants to local fire agencies and nonprofit organizations for controlled burns, forest thinning and other fire prevention programs over the past five years, according to Porter, the agency’s region chief.

“We’re super excited,” he said, referring to the $1 billion funding stream. “It’s an amazing investment the state is making in a proactive approach to controlling large, damaging fires.”

Wood’s other bills include AB 2551, which authorizes Cal Fire to collaborate with private landowners on prescribed burns, and AB 1919, which makes it a misdemeanor for a landlord to boost rent more than 10 percent in the wake of a disastrous wildfire.

Then there’s the Governor’s executive order, which specifically deals with streamlining the regulations for private landowners. This story is from CBS local San Francisco here.

SACRAMENTO (AP) — Gov. Jerry Brown signed an executive order on Thursday that aims to reduce the dangers of wildfires following some of the deadliest and most destructive blazes in state history.

The order calls for accelerating forest management procedures such as cutting back dense stands of trees and setting controlled fires to burn out thick brush. Brown wants to double the forest area managed by such practices to 500,000 acres (781 square miles) within five years.

Brown’s order also calls for streamlining the process of allowing private landowners to thin trees and encouraging the building industry to use more innovative wood products.

His office said a Forest Management Task Force will be convened in coming weeks to help implement the order.

The governor’s May budget revision, due for release on Friday, includes $96 million to support his order. That’s in addition to $160 million Brown already proposed for fire protection and forest work in the upcoming fiscal year.

Californians, please comment on what you’ve seen as the results of this new bill.