The Need for NACs (or Not)

There is a great story in E&E News about NACs or “natural asset companies.”

Investors could soon buy into companies trading on the New York Stock Exchange with a unique dual purpose: protect nature — including on public lands — and make money.
The Securities and Exchange Commission is currently weighing whether to clear the way for the NYSE to offer a new kind of investment known as “natural asset companies,” or NACs.
The idea proposed by the NYSE is to list companies with missions to improve ecosystems through management, maintenance, or restoration of public or privately-owned lands — and then put a dollar figure on the resulting benefits, like clean air or wildlife habitat.
The proposal so far hasn’t gotten much attention, but caught the notice of conservative lawmakers and property rights advocates. They’ve warned the companies could open a backdoor into strict management restrictions for public lands and waters — as well as foreign investment on federal lands — while raising questions about whether the investments are even viable.

But the financial services firm Intrinsic Exchange Group, which launched the idea two years ago and has drawn support from the NYSE and groups like the Rockefeller Foundation, says it would give investors interested in preserving nature a place to put their money.
“We were looking for a private-sector approach that wasn’t dependent on policy, it wasn’t dependent on traditional taxes, regulation or philanthropy to price in these assets and give investors the opportunity to invest directly in nature, whether that’s for climate or biodiversity,” said IEG Chair Douglas Eger.

I’m neither conservative nor a lawmaker, but I’m skeptical, at least based on this story.

Now I am way above my pay grade with talks of the SEC, but as I said with cap’n’trade, the financial sector does so well policing itself (think 2008, mortgage crisis) we should definitely reward them by handing over … the environment(!)… not.

I think there is a private sector approach to preserving nature.. it’s called “buying land.” Conceivably, people could get together, form a company to “buy land”, and take advantage of all the USDA and private programs (such as PERC talks about) to pay owners for preservation. Seemingly if you were a supporter of this idea, like say, the Rockefeller Foundation (with assets of $7,117,904,789,  you could actually buy quite a chunk!).

On the other hand, I looked at the company proposing this and their supporters

And many of them are in other countries. So maybe those countries have rules about foreigners buying land?

It seems to me that there are three different things that are not clearly delineated:
1. What they want to do in other countries
2. Willing buyer and seller of whatever (I don’t have a problem with that).
3. Selling contracts for certain kinds of management on public lands.

Eger compared their approach to improvements on public lands to a mining claim or a timber lease, or utilizing air rights on private lands.

Eek !Let’s not go back to 1872.. and public (federal) lands don’t actually have “timber leases.” When I think of these, mining claims tend to be limited in time and space; mine themselves are subject to NEPA and public comment (and, dare I say, litigation). Timber sales (and stewardship contracts) are made to carry out decisions agencies made with public involvement.

Instead of a lease to extract ore

There are actually two bills in Congress about redoing the 1872 Mining Act right now..claims are not “leases.”

or cut down trees,

Again, timber sales on federal land are not “leases” they are for specific actions for a specific period of time.

however, NACs would ink agreements granting them “ecological performance rights.” Where a successful mining claim is intended to result in the collection of ore, the value of the ecological rights would be judged on a series of factors, ranging from data on carbon storage and sequestration to more ephemeral qualities like the “sensory benefits” of a nice view.

Critics have targeted the concept as creating companies that would attempt to make money off monetizing aspects of nature that belong to everyone.
“This is creating this whole new category and monetizing things that nobody has a right to own,” said Margaret Byfield, the executive director of the American Stewards of Liberty, a property-rights-focused organization.

This is confusing, because if you were with a “property rights focused” organization, you’d be all for #2 but maybe not for #3.

In order to qualify as a natural asset company, a corporation would need to document how it is improving the lands included in its portfolio.
In broad strokes, a NAC is responsible for the “conservation, restoration, or sustainable management” of those lands, which commit to various goals, such as improving wildlife habitat or ensuring clean air.

But if you include “sustainable management,” what makes them different from BLM or the FS?

Based on these quotes, NYSE and IEG may not be on the same page.. NYSE is a #2 and IEG mentions #3.

“NACs — which have not yet been approved for listing — are a voluntary, free-market decision by a landowner to monetize their assets,” said NYSE spokesperson Lauren Sullivan.
In a document detailing the companies’ structure, IEG notes that lands “can be areas that are publicly owned, such as a national park, or tracts of privately owned property held by individuals or corporations.”

What do elected officials in states with large amounts of public land think about this?

“This rule has wide-ranging implications for the citizens of our states, specifically in our natural resources and agricultural industries,” Govs. Joe Lombardo of Nevada, Greg Gianforte of Montana, Mark Gordon of Wyoming and Brad Little of Idaho wrote in an October letter to the SEC.

The governors also questioned whether the Interior or Agricultural departments had been involved with the proposal. An Interior spokesperson declined to comment, and the USDA did not respond to a request for comment.

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Harris said another complication is the environmental statements and audits these companies would be required to produce — a potentially significant expense.
“The innovation here is that these companies are being given a mechanism by which they can credibly show that they’re doing what they say they’re doing,” Harris said. “And to give investors some confidence that they’re not rapaciously destroying the planet or the environment.”
Eger pushed back against that analysis, arguing that NACs will create a return on investment because individuals choose to value the environment, along with sustainable production of timber or agriculture.

I thought folks like SFC and SFI had already figured out what was sustainable; so conceivably companies that are certified are doing that, and people could invest in them directly.

“There’s no reason that we can’t set a price to ecosystem service,” Eger said. “Between a willing buyer and seller, the underlying becomes true. If they think that value is there, then it is there,” he said, comparing the idea to “the price of paintings or gold.”
He added that while some of the lands have an existing “production value,” whether because of agricultural or other uses, investors into NACs are supporting an “existence or appreciation value” of the benefits of those lands, like support for biodiversity or natural beauty.

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So some people would have the duty of checking on landowners to make sure that they were doing the things they were supposed to be doing, that they wouldn’t otherwise do without the payments.  But there are already a variety of agreements for paying people to do what they otherwise wouldn’t want to do. Folks like PERC have examples like paying for elk presence.

Here’s a link to a WSJ op-ed by the treasurer of Utah.

Why would anyone invest in a company that can’t make money? Initial buyers would likely be “impact investors,” committed to sacrificing returns to advance the climate agenda. But it seems clear the goal is to sell NACs to endowments, sovereign wealth funds, pension funds and other investors demanding greater direct and immediate ESG presence in their portfolio. Demand from “values-driven investing” alone could drive up NAC share prices even as the value of the assets they purchase decrease by virtue of the NAC’s ownership of them. More disturbing, reducing U.S. mineral extraction could be intriguing to Chinese, Russian or Saudi sovereign wealth funds.

Environmental offsets in the form of carbon credits or government transfers for “conservation uses” could also generate ostensible revenues.

I’m a bit leery of companies buying these things and then pressuring the government for more subsidies. Right now the subsidies go directly to landowner. Getting more financial and auditing middle-people requiring salaries may not be a terribly efficient way of meeting environmental goals. And how are we doing with carbon credits? It seems like where there is big money, there is also a tendency for questionable auditing.. check out this CAP article on carbon offsets.

Also, TNC already has an investment program which sounds a bit like the same thing, without the trading part. Maybe some of our financially-inclined readers can explain the difference?

Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions FS and BLM

Here’s a link to the Agenda

Here’s a screenshot of the BLM section:

Looks like the “Conservation and Landscape Health” CLH rule will be out soon.
Here’s a screenshot of the FS section:

Looks like MOG is not on the list for now. Many of these are unknown to me… if any of you are familiar with them or have links to reporting, please put in the comments (that’s also true for the BLM regs other than the CLH reg.

Decarbonizing the West Workshop Dec. 12 and 13.. Some Interesting Stuff

This one is free…if anyone’s interesting in attending all of parts and writing it up for The Smokey Wire, it would be greatly appreciated.

The second workshop of Wyoming Governor Mark Gordon’s WGA Chair initiative, Decarbonizing the West, will be held in Boise, Idaho, on December 12 and 13.

The two-day workshop will focus on topics related to natural carbon sequestration, including agriculture, forestry, and land management. It will feature roundtable discussions with carbon capture experts from around the region, including the Idaho National Laboratory, as well as remarks from Governor Gordon and Idaho Governor Brad Little.

View the agenda below and register here to watch a FREE livestream of the event.

You can also watch recordings of the first Decarbonizing the West initiative workshop, which explored the potential of carbon capture, utilization, and storage technologies, here.


December 12

12:30 p.m.: Welcome and Introductions  

– Jack Waldorf, WGA Executive Director

12:40: Opening Remarks 

– The Honorable Brad Little, Governor of Idaho

12:50 – 1:55 p.m.: Roundtable 1: Dairy Digesters and Agricultural Waste

Digesters can significantly mitigate greenhouse gas emissions from livestock production by capturing methane that would otherwise be released from manure.  The resulting biogas can be used to meet on-farm energy needs or sold on the market.  This panel will explore the opportunities, challenges, and benefits for biogas recovery and how digester systems can contribute to overall emissions reduction in the agricultural sector.

Panelists:  Andre Brasil, Senior Director, Business Development, California BioEnergy LLC; John Olshefski, Ingevity; and Jesse Burson, Supply Development Lead, Renewable Natural Gas, Shell.

Moderated by: Rick Naerebout, Chief Executive Officer, Idaho Dairymen’s Association

1:55 - 2:50 p.m.: Roundtable 2: Climate-Smart Agriculture

Increasing adoption rates of climate-aware practices is one of the most effective ways to reduce the effects of carbon emissions from the agriculture sector.  Incentivizing new practices, compensating producers for less-efficient yields, and building demand for agriculture-based carbon markets are a few of the approaches to accelerate adoption by producers.

Panelists:  Bill Jaeger, Strategic Initiatives Officer, LOR Foundation; Myles Gray, Program Director, U.S. Biochar Initiative; and Tony Schoonen, Chief Executive Officer, Boone and Crocket Club.

Moderated By: Kirsten Boysen, Managing Director, Colorado Department of Agriculture, Drought and Climate Office

2:55 – 3:50 p.m. Roundtable 3: Decarbonizing through Integrated Energy Systems  

Idaho National Laboratory’s Integrated Energy Systems Program, supported by the Department of Energy’s Office of Nuclear Energy, conducts research, development, and deployment activities to expand the role of nuclear energy beyond the grid for various industrial, transportation, and energy storage applications.  INL’s work on integrated energy systems and other research areas such as biomass, hydrogen, ammonia, and nuclear for heat and electricity generation can enhance utilization of low or non-emitting energy generation, bolster grid resiliency, and help achieve clean energy economy goals. The panel will discuss various decarbonization pathways and provide insights on the techno-economic and socio-economic effects of deployment on the energy economy.

Panelists: Eric Dufek, Department Manager, Energy Storage & Electric Transportation Department; Seth Snyder, Program Director, Energy, Environment Science and Technology; David Thompson, Chief Scientist, Bioenergy, Ning Kang, Department Manager, Power and Energy Systems; and Ning Kang, Department Manager, Power and Energy Systems.

Moderated by: Todd Combs, Associate Laboratory Director

4:00 – 4:55 p.m.: Roundtable 4: Carbon Storage in Mass Timber

Forests are excellent at sequestering carbon into biomass, but less effective at retaining carbon over long timescales.  Stabilizing forest carbon within long-lived building materials presents a powerful opportunity to not only mitigate carbon emissions from wildfires and decomposition, but also to defray the costs of forest health treatments.  Achieving these dual benefits requires growing both the supply chains for mass timber products as well as the markets for utilizing them.  This panel will examine strategies for expanding mass timber utilization and its benefits for forest restoration economics and natural carbon sequestration.

Panelists:Jennifer Okerlund, Director, Idaho Forest Products Commission; Bill Parsons, Chief Operating Officer, WoodWorks – Wood Product Council; and Julie Kies, U.S. Forest Service, Wood Innovations Program Manager.

Moderated by: Rachael Jamison, Vice President, Markets and Sustainability, American Wood Council

5:00 p.m.: Adjourn 

December 13

8:30 a.m.: Decarbonizing the West Initiative Remarks

– The Honorable Mark Gordon, Governor of Wyoming

8:45 – 9:40 a.m.: Roundtable 5: Balancing Carbon Stewardship Management Goals   

Forests and grasslands sequester about 14 percent of the United States’ carbon emissions and represent one of the largest opportunities for large-scale carbon removal.  Management actions can be strategically selected to optimize carbon sequestration and storage while meeting other management objectives.  This is a delicate balancing act, however, that increases the potential for unintentional outcomes.  The panel will examine the nuances of carbon stewardship and the potential benefits of carbon optimization projects on forests and rangelands.

Panelists: Matt DiBona, District Biologist, National Wild Turkey Federation; Jim Elbin, Trust Lands Division Administrator, Idaho Department of Lands; and Katharyn Duffy, Director of Science Operations, Vibrant Planet

Moderated by: Todd Ontl, Climate Adaptation Specialist, U.S. Forest Service.

9:45 – 10:40 a.m.: Roundtable 6:  Incentivizing Carbon Reductions  

Voluntary carbon markets have emerged as a dynamic and evolving method of reducing carbon emissions.  These markets allow businesses, organizations, and individuals to take proactive steps to reduce their carbon footprint.  Carbon markets can drive innovation, support sustainable projects, and promote environmental stewardship.  In recent years, these markets have expanded, presenting both challenges and opportunities to meet carbon reduction goals.  This panel will explore the potential pitfalls and opportunities to support broader carbon dioxide reduction activities through voluntary carbon markets.

Panelists: Brian DiMarino, Head of Operational Sustainability, JP Morgan Chase; Spencer Plumb, Senior Manager, Forest Market Innovation, Verra; and Matt Bright, Director of External Affairs, CarbonCapture Inc.

10:50 - 11:45 a.m.: Roundtable 7: Innovative Finance for Carbon Benefits  

Healthy forests are a prerequisite for natural carbon sequestration, but funding can be a limiting factor for forest restoration or afforestation projects.  Innovative strategies for providing forestry assistance have demonstrated that unconventional approaches can yield significant carbon sequestration benefits.  Instead of relying exclusively on public resources, these strategies leverage a mixture of funding sources, technical assistance, and other resources to support forest health and carbon sequestration.  In this panel, participants will discuss how innovative finance mechanisms and partnerships can catalyze investment in natural climate solutions.

Panelists: Mary Mitsos, President and CEO, National Forest Foundation; Luke Hawbaker, Director of Business Development and Partnerships, Mast Reforestation; and Jill Ozarski, Program Officer, Environment, Walton Family Foundation.

Moderated By: John Oppenheimer, Government Relations Director, Idaho Conservation League

11:45 a.m.: Recap and Takeaways 

 

The Department of the Interior Goes All in on “Nature-Based Solutions”

There are many new readers to TSW, so I will tell this story again.  After I retired from the Forest Service, I spent a few months working as the Catholic Channel administrator for a for-profit company called Patheos.  My job was to post snippets of blogs written by our writers .  As part of that job, we had training that it was important to tie the blog topics to current events, even if it was quite a stretch, so that they would get more clicks and hence revenue.

Well, we definitely see that with the COP.. there’s been a plethora of what I call COPaganda and COProphilia.  I see that as the context for this Interior Department press release. I have to wonder about 70K people traveling using fossil fuels, to a meeting in a country that produces fossil fuels, to decry fossil fuels.

The announcement comes as Assistant Secretary for Fish and Wildlife and Parks Shannon Estenoz wraps up her trip to the 28th Conference of the Parties (COP28) in Dubai,

I wonder how many people the US Government sent to this meeting from how many different departments and agencies?

Anyway, the Department is going to go with “nature-based solutions”:

“Investing in nature is investing in ourselves. By employing nature-based solutions, land managers and decision makers can restore and sustain healthy ecosystems that in turn support healthy communities and economies,” said Assistant Secretary Estenoz.

Nature-based solutions use or mimic natural features or processes to improve biodiversity, strengthen resilience for disaster and hazard-risk management, support climate adaptation, and address carbon management to offset greenhouse gas emissions, while also benefitting both people and nature. These can include green infrastructure, natural infrastructure, and natural climate solutions.

The Department today also announced a new policy that will strengthen the Department’s ability to meet its mission in the face of a changing climate by prioritizing nature-based solutions across bureaus and offices. The policy will provide land managers and decision makers with guidance on using nature-based climate solutions, and will center collaborative partnerships, equity, environmental justice, and the use of the best available evidence. This new policy compliments the announcement in September 2023 of new policies to strengthen climate adaptation and resilience efforts, including the first-ever effort to factor the climate crisis into all operations.

The Department is prioritizing high return nature-based investments that connect lands and waters, promote cross-bureau collaboration, and leverage partnerships. By implementing these innovative strategies, our efforts also aim to ensure climate security, improve equity and address environmental justice, incorporate Indigenous Knowledge into decision making, and apply evidence-based scientific approaches to predict, monitor, and assess implementation effectiveness.

It sounds like all the great things that they were already doing, but now they are “innovative strategies”.

Now some of us have been through “sustainability” and the Montreal Process; “ecosystem health”; biodiversity; ecosystem management, ecosystem services, ecological integrity, climate resilience and probably other abstractions over time. In my paid career, each one of these had their own cadre of experts, and we would attend meetings and listen to them. At the end of the day, though, for federal land management agencies (and noted that Interior does many other useful things), we are discussing the exact same things that we were 50 years ago- grazing, the timber industry, how to manage wildfires, infrastructure projects (renewable or other energy, transmission) and mining. We have a mass of interlocking disciplines that work with each of these kinds of uses- wildlife biologists, fisheries folks, hydrologists, foresters, fuels folks, economists, social scientists, NEPA practitioners and so on.

I’m a bit leery of the USG going to outside sources (including NGOs and universities) when they usually have more experts in-house, but OK, let’s look at the forest section. I think, to be fair, that the NBS idea makes more sense for riparian and coastal management; maybe it’s just same-old for forests.
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Forest restoration is the process of returning a forest to its healthy state; this can include a variety of actions such as prescribed burns, reforestation, controlling invasive species, and pruning competing underbrush (American Forests 2023). Forest conservation as a management practice is the maintenance of forested areas for both people and the environment. Both
conservation and restoration are essential to forest management (Pawar and Rothkar, 2015).

TECHNICAL APPROACH
Forest conservation and restoration approaches vary based on the goals of the particular manager or management agency. Goals typically include both ecosystem and socioeconomic outcomes (Stanturf et al. 2017). When considering forest conservation and restoration, it is crucial to evaluate the trade-offs of timber production and ecosystem values (University of Cambridge 2022). Some primary forest conservation and restoration methods are as follows:
• Fuels management: Fuels management is a priority for many forests as a method to mitigate the harmful effects of wildfires, invasive species, and other disturbances. Within forests, fuels management often consists of prescribed burning and mechanical thinning (USFS 2021).
• Reforestation: Reforestation is one of the main practices for forest restoration.
There are three main reforestation methods: natural regeneration, assisted natural regeneration, and planting (USFS 2022).
• Natural regeneration: Natural regeneration allows regrowth to occur naturally. Depending on the project, natural regeneration can provide the most cost-effective reforestation method. It is essential to be aware of the species that will likely grow in these areas to ensure they will meet project goals (Chazdon 2017).
• Assisted natural regeneration (ANR): ANR is a method requiring less labor and funding than planting, but aims to accelerate a forest’s natural regeneration process. ANR can be achieved by improving soil, removing competing species, and mitigating disturbances (Ciccarese et al. 2012).
• Planting: Some forest restoration projects require systematic planting of native species, with the best results coming from species-diverse planting projects (Ciccarese et al. 2012).
• Controlling invasive species: Another crucial management approach to forest restoration is invasive species management, including prevention, early detection and rapid response, long-term control, and monitoring. In long-term, large-scale forest conservation and restoration projects, prioritization is critical to ensure cost-effective management. Native tree species resistant to invasive pests can be planted to aid in stand reestablishment (NPS 2022).

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Here are some forest examples (I circled the lessons learned that I thought we already knew, plus the AS duration is perhaps incorrect (if not, please let us know more!):

So I guess they are saying that all these things (BAU) can be put under the new umbrella of “nature-based solutions.”

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Several barriers are common across many of the nature-based solutions strategies; these are described in more detail in Section 1 of the Roadmap. Additional notes about the barriers specific to forest conservation and restoration are included here.
Expense: Lack of funding is the primary obstacle forest restoration practitioners report (Cook-Patton et al. 2020). Forest restoration costs on a landscape-scale level can be in the billions of dollars. While the economic investment is high, forest conservation and restoration should be considered socioeconomic and environmental investments for the future (Wu et al. 2011).
Capacity: Certain methods of forest restoration have high labor requirements, which can be a constraint in implementing these projects (Ciccarese et al. 2012).
Public opinion: Public support is crucial for forest conservation and restoration on public lands. It is important to educate about the importance of the conservation and restoration work (USFS 2012).
Conflict with other land uses: Forest land conversion is one of the primary causes of forest loss. This land is typically converted into development or agriculture. With the growing population, deforestation is estimated to exceed 50 million ac by 2050. Forest land conversion has lasting socioeconomic and ecological effects, and it is important to find integrated ways to sustain the growing population while still prioritizing forest conservation and restoration (Alig et al.)
Regulation: Forest restoration projects can be delayed by regulatory requirementssuch as fulfilling National Environmental Policy Act (NEPA) and endangered species consultation requirements. However, in some cases, categorical exclusions can exempt a particular project from NEPA requirements (Fretwell and Wood 2021).
Community
Legal and administrative constraints: Forest restoration is not currently occurring at the desired rate, often because of funding, legal, and organizational constraints and barriers (Jones et al. 2021).
Species-poor plantations: Forest conservation and restoration may create singlespecies tree plantations, which do not provide the same ecological benefits as speciesdiverse forests (Aerts and Honnay 2011).

The Locally Led Restoration Act

Thanks to Nick Smith for the link, from the National Association of Counties.

  • The Locally Led Restoration Act would improve relationships between intergovernmental partners and outside organizations, including the private sector, helping to reestablish healthy and resilient federal forests.
  • The bill would improve the implementation of stewardship contracts to better support landscape restoration projects and create well-paying jobs in our communities.
  • The bill would allow third-party contractors to propose their own stewardship contracts to the U.S. Forest Service or Bureau of Land Management if at least 10 percent of the vegetation to be removed is salvage. The bill classifies salvage as beetle kill, dead or dying trees and wildfire kill.
  • Crucially, this legislation does not change the established process for timber harvests on federal lands – it only makes necessary improvements to stewardship contracting.

Managing “Unplanned Fire”: Expert Advice and the Decimation of Our National Forests

Smog the Golden! Mythical Pyrodactyl aka “Smokey Dragon” (Frank Carroll, PFMc)

The following interview by Jim Petersen with Frank Carroll is nearly 2800 words long — which is kind of excessive for this forum but well worth the read for anyone who hasn’t done so already and is concerned with USFS wildfire history, politics, and economics over the past 35 years.

The interview is nearly four years old, but has just been republished in the current issue of Smokejumper magazine by editor Chuck Sheley and is a slightly abbreviated version of Petersen’s April 2020 publication in Evergreen Magazine: https://www.evergreenmagazine.com/blowtorch-forestry/

Despite the interview’s age, it remains directly relevant to current discussions regarding the great cost, visual and air pollution, wildlife mortality, and damaged rural economies resulting from continuing practices of the modern US Forest Service — what Carroll refers to as the “New Wildfire Economy.”

In 2020, then-USFS Chief Vicki Christiansen’s directive was: “Using unplanned fire in the right place at the right time.” Today, current-USFS Chief Randy Moore says he is “pleased to report that we have made significant progress in implementing this daring and critical strategy,” and talks about “using” fire on a “record 1.9 million acres as a method of reducing hazardous fuels.” If that is the objective, then much safer and cheaper methods of reducing such fuels — and even showing a taxable income while doing so — were demonstrated over hundreds of millions of acres in the 20th century and continue to be effectively used on private, state, and Indian lands to this time. 

According to Carroll, the “New Wildfire Economy” has become “big business” for the USFS, “effectively replacing traditional forestry practices with unfettered wildfire tending.” This is presented as the difference between producing tax revenues for the government while creating needed local jobs, safe and beautiful environments, and maintaining abundant and diverse wildlife populations vs. using taxpayer dollars to economically bankrupt our rural forest economies, killing our wildlife, and replacing the once beautiful landscapes with a sea of ugly and dangerous snags. Not in those words exactly, but documented factual outcomes.

Sheley, Petersen, and Carroll are all experts regarding the responsible treatment of “unplanned fires” and the consequences for mismanaging them. Petersen’s book on the topic and Carroll’s qualifications are described in the interview and Sheley’s introduction:
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Chuck Sheley: I found Jim’s interview of Frank Carroll, a Colorado forester and wildfire expert, to be educational and informative and something the readers of “Smokejumper” magazine would find interesting. Jim’s book, “First Put Out the Fire,” leads off the discussion. This interview is from several years ago, and during COVID, but very relative to what is going on today. I’ve shortened the word count to make it fit in this issue. Reprinted with permission.

Jim Peterson: I’ve yet to hear from anyone who thought my book wasn’t “a good read,” but Frank Carroll, a colleague of 20 years, thought I stopped the wildfire discussion 20 years too soon.

Frank was Public Affairs Director for Potlatch Corporation’s Eastern Region when we met in 2000. Today, he is the Managing Partner in Professional Forest Management (PFM), a Pueblo, Colorado, firm that does trial work with clients whose private forests have been overrun by “managed fires” that began on adjacent Forest Service land.

Frank wrote: “I just finished your book and have to say I have high hopes for your book. I thought you would step above the old swamp and take on the biggest gorilla in the room, ‘using unplanned fire in the right time and the right place’ to ‘reintroduce fire to fire depleted ecosystems’ as Chief Christiansen put it in her directive to the troops last year.”

“Using unplanned fire in the right place at the right time” appears in a note Forest Service Chief Vicki Christiansen sent to her line officers last year. It is a thinly veiled reference to “managed fire,” or applying wildfire like prescribed fire, in a directive agency fire crews are expected to follow whenever the opportunity to let a wildfire run presents itself. There are few places outside of designated Wilderness areas where this can be done safely, but the practice is used widely across the Western National Forests as a matter of policy. Certainly, nowhere near communities, municipal watersheds, or fish or wildlife habitat critical to threatened or endangered species, and, yet, it is precisely these locations that are increasingly overrun by managed fire.

Some people rejected forestry long ago. State foresters, Interior agencies, and local governments have stayed the course where wildfires are concerned. Put them out as quickly as possible. Hence, the title of my book: First, Put Out the Fire. I write that if we don’t put these fires out, we won’t have anything else to talk about after the smoke clears. So, by all means, let’s talk about a proper role for wildfire in a post-industrial society that depends on its national forests for far more than timber.

Appropriately, timber production has become a by-product of federal policies that favor wildlife habitat conservation. In my opinion, “managed fire” is on a collision course with every forest value our society holds dear, which brings me to what’s bothering Frank Carroll.
I’ll let Frank speak for himself in the question-and-answer interview below, but his main complaint is one with which I am familiar— “managed fires” have a nasty habit of becoming unmanageable wildfires that overrun adjacent and well-managed private forest lands.
Petersen: Frank, tell us about your new business venture.

Carroll: Professional Forest Management, LLC, does wildfire impact analysis for law firms and private clients in federal tort claims and legal actions. From a forest perspective, this rather simple aspirational objective—using unplanned fire in the right place at the right time—is the absolute worst development in the history of forests and forest conservation.

Petersen: How so?

Carroll: We are burning our forests to ruin, and we’re doing it on purpose. We got out of the thinning and prescribed fire business on federal land, and now we are in the Age of Fire for Fire’s Sake. I call it “Fire-first” forestry. Federally-funded wildfire crews are burning big boxes around the West and are now responsible for 40 to 60 percent of the acreage burned by any given large fire.

Petersen: And this is managed fire?

Carroll: This is managed fire. National forest supervisors are expected to maximize the management role of wildfire, and they are doing it with a vengeance.

Petersen: This doesn’t sound like good forestry.

Carroll: It isn’t, but it is what’s happening. The 2018 Pole Creek and Bald Mountain Fires in Utah and the earlier Lolo Pass Fire are great examples of the madness of managed fire. We are working on $40 million in claims on Bald Mountain and Pole Creek alone, and there are many more that will go unchallenged because there is no internal or congressional oversight.

Petersen: What does that mean?

Carroll: It means the USFS is violating the National Environmental Policy Act. These fires are major federal actions with environmental consequences. Where are the Environmental Assessments or the Environmental Impact Statements? They don’t exist. There is no Record of Decision, no public process, no paper trail, no recourse for the public. The agency can operate in complete secrecy without disclosing specific or cumulative consequences. It’s all illegal. You cannot use Congressionally-appropriated fire suppression funds to do resource management except wildfire suppression. If you or I did this, we’d be in jail.

Petersen: Yet from what I’m hearing, “using unplanned fire in the right fire in the right place at the right time” is currently giving way to more timely and direct attack.

Carroll: Congressional delegations from the West forced Chief Christiansen’s hand because of concerns about the impact COVID-19 will have on firefighting this year. She is suddenly in full suppression mode because of the risks the virus poses to crews that work, eat, and sleep in close proximity.

Petersen: I understand that, but how does it undermine managed fire?

Carroll: The virus prevents the Forest Service from operating in complex strategic environments that feature big, intricate burnouts covering hundreds of thousands of acres because they can’t coalesce in one giant fire camp and coordinate all the moving parts. But you can be sure they’ll be back to “using unplanned fire” as soon as possible.

Petersen: Why?

Carroll: First, because they can. It’s a management prerogative they control completely and requires no public oversight or interference from cooperating agencies. Even when cooperators protest, as the State of Utah did in 2018, the Agency moves ahead anyway without consequences. Second, they are strongly pressed by environmental groups like FUSEE and the DiCaprio Foundation to let fires burn. And, finally, fighting forest fires has become big business for the USFS and their firefighting contractors—a hog’s paradise allowing them to spend money like drunken sailors. So, no one realizes what they are doing except the special interests who want them to do it, and an ignorant Congress is giving them limitless money to burn. So, they burn.

Petersen: How do you know all this?

Carroll: It’s our business nowadays. We do the intensive and comprehensive analysis of entire records from large fires. We spend years in deposition and preparing for court and trial. Our sources keep us abreast of new developments in policy and practice in real-time. In its reports to Congress, the USFS is counting wildfire acres burned as acres treated.

Petersen: We’ve heard that before and it has always seemed like a misappropriation of taxpayer dollars.

Carroll: It is. The USFS is using federally appropriated wildland fire management dollars to practice a new kind of wildfire-based resource management that holds that, since we can’t do real natural resource management projects on an ecologically significant scale, we’ll just use wildfire on everything everywhere and call it good enough. Managed fire is the only form of management no one questions. Environmentalists can’t stop them and don’t want to, they don’t need anyone’s permission, and there is no oversight.

Petersen: Real resource management being the thinning and prescribed fire regime that states, private landowners and Indian tribes use perennially?

Carroll: Correct

Petersen: This goes back to my belief that the fault here rests with Congress and its failure to allow the USFS to undertake forest restoration projects on physical scales that are environmentally significant.

Carroll: It’s worse than that. What we have here is a federal forest management agency that can spend whatever it wants in any way it wants with no public input or oversight.

Petersen: Aren’t there auditors who go through the firefighting bills?

Carroll: There are, but no fiscal officer in the USFS has firefighting experience. They won’t challenge or second guess fire commanders or forest supervisors because if things go to hell, they’ll be blamed. This is the new Wild West and Wildfire is the name of the game.

Petersen: Keep your head down and don’t mess up.

Carroll: Climate change, fuels equilibrium, growth, harvest and mortality, and reforestation are all yesterday’s news. What we have today is a rogue federal agency burning its way into a new bureaucratic empire that is publicly unaccountable.

Petersen: Reminds me of Eisenhower’s warning about the dangers posed by what he called the military-industrial complex.

Carroll: That’s a good analogy. What we have here is an Industrial Wildfire Complex that is answerable to no one. The Forest Service today is a much different agency than the one that all of us knew for decades. The transition from forestry to fire has rendered every forest plan objective effectively moot.

Petersen: That’s a big statement, especially when we consider that this transition occurred in plain view of anyone who was watching. And you worked for the Forest Service, didn’t you?

Carroll: In the National Park Service and the Forest Service from 1972 through 2012. I held primary fire, forest staff, and leadership roles in the USFS in Arizona, New Mexico, Idaho, South Dakota and spent time in Washington, D.C. My time since my Forest Service years has been spent in wildland fire mitigation planning and implementation, remote sensing, wildfire impact, and suppression analysis.

Petersen: Based on all your experience, how do we reverse course?

Carroll: Not easily. The Forest Service today is a black box. It is immune to public scrutiny and led by fire officers who are not well-grounded in natural resource management. They have no interest in further fights with smoke regulators or anti-management environmentalists. Why would they when they can burn far and wide, accumulate political power, maintain their Smokey vibe, and enjoy vastly increased budgets in the New Wildfire Economy.

Petersen: New Wildfire Economy. I don’t even like the sound of those words.

Carroll: No one should, but it’s real and it’s here.

Petersen: Some of these big fires burn so hot that they cook the soil. It can take a century or more to rebuild the organic layer in which seeds germinate, so 200 to 300 years to grow a new forest where the old one stood.

Carroll: That’s true and the burners don’t care. They see big wildfires as a natural agent.

Petersen: Better than the thinning and prescribed fire combination I describe in my book.

Carroll: Yes, because the New Wildfire Economy makes it easy. No appeals or litigation. No nasty wild-eyed environmentalists. Just lumbermen who don’t seem to understand the problem or are under too much economic pressure to have any stomach for the fight.

Petersen: So, where is the good news?

Carroll: The good news is that the Forest Service will not go to public trial on these issues for fear of upending their new wildfire hegemony. They are doing their own version of stop, drop and roll so they can stay hidden in plain sight. They will settle every claim out of court, no matter how weak, rather than go to trial and have these issues openly reviewed. This is good for people harmed by these fires.

Petersen: The big issue is the transition from an agency that manages forests to one that favors applied wildfire to every natural resource management objective?

Carroll: That is precisely the biggest issue. It is the issue that has the USFS hiding behind things like 747s that dump fire retardant on fires. It makes great video on the evening news but does nothing to address the underlying causes of these enormous fires or the agency’s decision to favor fire over forestry.

Petersen: We’re told the public is very suspicious of thinning projects that are large enough to actually reduce the risk and size of these big wildfires.

Carroll: Some people don’t like logging of any kind. Others see its value. In our New Wildfire Economy, it doesn’t matter. Welcome to the world of blowtorch forestry.

Petersen: More than half the Forest Service’s annual budget is spent on wildfires. Most people think that’s what it takes to put these fires out. You’re saying the big expense occurs when the decision is made to “manage” the fire, meaning let the fire run rather than put it out quickly.

Carroll: That’s correct. I can show you one 1,600-acre managed fire that cost taxpayers $12.6 million. The whole idea of firefighting has been turned on its head. The USFS is using crews to light fires on an epic scale, not put fires out. They have no idea what they’re doing or what the implications of using unplanned fire are for the future.
Petersen: Maybe Congress needs to tell the USFS that for every blowtorched acre there will be an acre that is mechanically thinned in combination with prescribed fire. The way it was done for decades.

Carroll: Nice idea but it won’t happen.

Petersen: Why not?

Carroll: Two different worlds. In the blowtorch world, the USFS burns to its heart’s content with no oversight, no need to ask anyone for permission and no lawsuits. In the world of forest and range management, there are laws and regulations, there is oversight and there is litigation. Moreover, the Forest Service no longer has the skill sets needed to plan and execute large scale thinning projects.

Petersen: So, we’re stuck with blowtorch forestry?

Carroll: The Forest Service—and Congress by association—are rolling big dice. They are betting that blowtorch forestry will reset the biological clock in our forests and that they will be able to meaningfully manage the resulting brush fields for the greater good. That’s just a fantasy.

Petersen: Brush fields have overtaken much of the 500,000-acre Biscuit Fire that burned in 2002 on southern Oregon’s Siskiyou National Forest.

Carroll: You haven’t seen anything yet. Blowtorch forestry is creating millions of acres of sorrel monocultures that will burn and reburn and revert to the lowest common denominator, cheat grass and wild oats, like we’re seeing in California. The only way they can manage these newly created brush ecosystems is to keep burning them and the only time they can burn them is in high fire season. So, the blowtorch will be applied relentlessly until the world changes.

Petersen: There are still some dedicated professionals working for the Forest Service. I’m surprised no one has blown the whistle on this racket.

Carroll: I know, but you must realize that the USFS has no intention of returning to its roots. It has embraced wildfire because it’s easier. My partner and I are doing very well in this environment, but it’s so sad to watch.

Petersen: So, if I have followed the bouncing ball to its destination, what you are telling me is that the Forest Service will work harder on initial attack this year because the virus and the western congressional delegation have forced their hand.

Carroll: That’s correct. And because of much better initial attack—and no managed fires—you will see smaller fires this year unless they just let them burn, which is likely because moving armies around will be harder in most cases. But as soon as the virus passes, the Forest Service will go right back to blowtorch forestry.

Petersen: Unless we can find a way to stop them from burning the nation’s federal forest legacy to the ground.

Carroll: I am not optimistic. The forces that gave us a five-fold increase in fire suppression spending will not abate. The current Forest Service Chief is deeply and personally invested in the ascendance of fire management in her agency. The Deputy Secretary of Agriculture over the Forest Service is likewise a fire-first leader and the current Chief’s mentor. There is a fire dragon walking the halls of the Forest Service in Washington, D.C. and it will not be easily dislodged.

Endangered Carnivore Friday

There seem to be at least three different views of what should be done with endangered species.  1. Recover the species in a specific area; 2. Recover the species everywhere it ever was and 3. Manage for the species in areas where it currently isn’t, but might possibly go under climate change. It’s all a bit confusing to some of us as to what is legally required by ESA and what is just the druthers of some folks.

Oregon Wolves To Be Released in Colorado: Location Unknown

Yes, Colorado already had wolves who wandered down on their own from Wyoming. However a ballot initiative requires them to be reintroduced anyway (political reasons). Here’s a nice article in the Colorado Sun.

The wolves headed to Colorado currently live in Oregon. Once they’re captured, the volunteer flight service LightHawk, which assists conservation agencies with endangered species transportation, will bring them to Colorado.

Western Slope ranchers could start seeing wolves by mid-December. That troubles Lenny Klinglesmith, who runs between 600 and 1,000 head of cattle in Rio Blanco County, southwest of Meeker.

Klinglesmith said stress and anxiety are running high in him and his ranching neighbors, who’ve “been dreading it for quite awhile. Now, reintroduction is almost here but we don’t have a choice. It’s just the stress, not only for me but for our hunting community. They talk deterrents and conflict minimization like it’s easy, but wolves are there 24 hours a day, 365 days a year. And most [impacts] are going to happen in the middle of the night. It could be Christmas Eve. It’ll change lives forever.”

But Eric Odell, CPW’s species conservation manager, said CPW plans to help them with the transition by contracting a conflict minimization specialist with expertise in wolf reintroduction who has worked with several ranching communities in the past. The agency intends to hire more such specialists. And Odell said CPW has some of the materials needed for deterring wolves on hand, including “fladry” to string around livestock pastures or holding areas, and scare devices like sirens and strobe lights.

“We have some for loan and use, but not enough that will meet the demand,” he said. “And there will be lots and lots of demand.”

It seems to me like the wolves came in on their own, and people were adjusting.  Then came the “reintroduction” effort-voted for by people who live elsewhere and only narrowly passed at all.  I don’t think if a person’s goal was to help heal any urban rural divide, that this effort is helping. Just my two cents.

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Wolverines

This is from the Center for Western Priorities newsletter.

Human-driven climate change has led to the species’ decline, with the most recent estimates noting a population of around 300 in the Lower 48. Wolverines rely on deep snow through the late spring to build dens, but in recent decades, snowpack has been decreasing. The species used to roam from the northern United States to New Mexico, but now they exist only in small populations in the Rocky and Cascade mountains.

“The science is clear: snowpack-dependent species like the wolverine are facing an increasingly uncertain future under a warming climate,” Michael Saul, Defenders of Wildlife Rockies and plains program director, told National Parks Traveler. “Now it’s time to support the species’ future by bringing them back to the mountains of Colorado as well.”

I’m wondering why they would pick the most southern part of the range specifically to bring them back, the part conceivably least able to support them based on the warming climate.

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Grizzly Bears Translocation to Add Genetic Diversity

This one from Wyofile.

To me if the yellow lines were the target, it seems like the grizzlies are doing fairly well.

“We’re trying to demonstrate to everybody, the courts included, that connectivity isn’t an issue that should impede delisting,” said Ken McDonald, wildlife division chief for Montana Fish, Wildlife and Parks. “Until it’s happening regularly, naturally, we can cover this with human-assisted movements.”

The two grizzly bear populations aren’t far from each other — the leading edges are just 35 miles apart —  but there’s never been a documented case of a Northern Continental Divide Ecosystem grizzly traveling to the Yellowstone Ecosystem and procreating. Grizzlies have gone the other direction, trekking north well into Montana, but that doesn’t accomplish the goal of creating gene flow into the isolated population.

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Although state wildlife managers have committed to translocating grizzlies into the Greater Yellowstone Ecosystem, the current level of genetic diversity is not “in dire straits,” Interagency Grizzly Bear Study Team Leader Frank van Manen said.

Frank van Manen, leader of the Interagency Grizzly Bear Study Team, at the Interagency Grizzly Bear Committee’s Yellowstone Ecosystem Subcommittee meeting in Cody in May 2023. (Mike Koshmrl/WyoFile)

“We have a little bit lower genetic diversity than other populations, but it’s not declining further,” he said. “It’s moderate genetic diversity, is how I would classify it.”

The genetic augmentation appendix of Montana’s draft grizzly bear management plan calls the ecosystem’s genetic isolation a “long-term conservation concern.”

“The rate of inbreeding has been very low (0.2% over 25 years),” the document states, “and no inbreeding effects have been detected.”

As a geneticist, I would say “if it’s low and not decreasing, it’s not a problem.”

Nevertheless, U.S. District Court Judge Dana Christensen sided with environmental groups in 2018 on the question of genetic diversity, ending a short stint where the Northern Rockies states had jurisdiction over their Ursus arctos horribilis populations.

I went to the link above and this is what the Judge said:

In ordering the re-listing, the judge noted that delisting Yellowstone-area grizzlies might have an impact on other grizzly populations. But he also found threats to the Yellowstone-area bear itself. One worry is that the geographically isolated Yellowstone population may lack the genetic diversity necessary to persist.

The judge, over many pages in his order, mulled arguments about minimum populations, effective population sizes and other important factors, including federal law. He criticized federal scientists for “failing to recognize that all evidence suggests that the long-term viability of the Greater Yellowstone grizzly is far less certain absent new genetic material.

“Despite its recognition that continued isolation poses a threat to the Yellowstone grizzly, there is no regulatory mechanism in place to address the threat,” the judge wrote.

When the Fish and Wildlife Service decided in 2017 to delist the Yellowstone grizzly, the decision that prompted the successful lawsuit, it “misread the scientific studies it relied upon,” Christensen wrote.

“The Service failed to logically support its conclusion that the current Greater Yellowstone population is not threatened by its isolation.” The judge wrote. “The Service has failed to demonstrate that genetic diversity within the Greater Yellowstone Ecosystem, long-recognized as a threat to the Greater Yellowstone grizzly’s continued survival, has become a non-issue.”

So it appears that the Judge is not talking about the actual science, but the FWS not “logically supporting its conclusion.”

Sommers recalls something that Chris Servheen, the former lead government grizzly scientist, once told him. “We also have to remember bears have been isolated on Kodiak Island for 10,000 years and they’re doing just fine, ” Sommers paraphrased.

Alaska’s Kodiak population differs from Yellowstone in that there are about 3,500 Kodiak brown bears. (Many refer to both species as grizzlies, though they are slightly different.)

“How good is the science on the genetics issue,” Sommers asked, saying conservationists call to preserve natural migration corridors between the grizzly recovery zones in the Lower 48 “are just attempts to tie up policy [regarding] land use.

“I think this genetic connectivity issue is a red herring that underlies some groups’ efforts to try to manage, manipulate this larger landscape with regard to how they want to see [land-use] decision on the ground,” he said.

Back to the original article:

Thompson pointed out that genetic diversity was an issue decades ago when the Yellowstone region population was much lower and “bottlenecked,” but nowadays, with many times more bears, it isn’t much of a concern, he said.

“We’ve demonstrated it is not an issue anymore,” Thompson said, “but [translocation] is another way to address the issues that some people have.

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Feds Plan to Expand Barred Owl Removals

From the Seattle Times via this site…. Excerpts below. Draft EIS here. The 60-day public comment period will close January 16, 2024.

The U.S. Fish and Wildlife Service is proposing to enlist shooters to kill more than 500,000 barred owls over the next 30 years in the Pacific Northwest to preserve habitat for northern spotted owls, a protected species.

The goal of a draft environmental impact statement for the agency’s barred owl reduction program is to take out the owls in the northern spotted owl’s range in Washington and Oregon and to focus on heading off expansion of the barred owl into the range of the California spotted owl.

Assuming complete implementation of the proposal, an initial cull of about 20,000 barred owls would occur in the first year. Then, an annual reduction of 13,397 birds a year in the first decade of the program; 16,303 a year in the second decade and 17,390 birds each year in the third decade, in parts of Washington, Oregon and California — 11 to 14 million acres in all.

 

Hermits Peak Calf Canyon and Luna Post-Fire Recovery Project: Draft EA in One Year

Thanks to Tim at the Hotshot Wakeup for pointing out this project.

Here’s the link to the project documents. The EA is 60 pages, including five pages of response to comments.  The draft EA was released on August 14 2023, and the final DN and FONSI on October 30, 2023.  There were two fires involved, Hermits Peak Calf Canyon in 2022, and the Luna Fire in 2020.  Acreage and time for the project: 24,420 acres over the next 1-10 years or until completed.

Some interesting things about it:

* Speed- draft EA out in one year.

* Tiers to FEMA programmatic.

* Uses emergency authorities so no  objection process (helped with speed).

* As far as I have been able to ascertain, the woody material is being given to local not-for-profits or governments to distribute.  There are no sawmills in the area.

Here’s the clause in the DN about objections:

“The Hermits Peak Calf Canyon and Luna Post-Fire Recovery Project has been approved by Forest Service Chief Randy Moore for use of the Emergency Authority Determination under Section 40807 of the Infrastructure Investment and Jobs Act of 2021 (Public Law 117-58 Nov. 15, 2021 ). Under section D in this authority,

An authorized emergency action carried out under this section shall not be subject to objection under the predecisional administrative review processes established under section 105 of the Healthy Forests Restoration Act of 2003 (] 6 U.S. C 6515) and section 428 of the Department of lnterio,; Environmental, and Related Agencies Appropriations Act, 2012 (16 USC 6515 note; Public Law 112-74).”

Here’s the project description:

“The Proposed Action provides the opportunity to implement a suite of restoration activities on approximately 24,420 acres over the next 1-10 years or until completed, as part of the Hermits Peak Calf Canyon integrated response and recovery approach to the current disaster and to possible future events associated with FEMA-4652-DR-NM. The “Proposed Action” section of the EA lists four items that the decision incorporates. Per the Final EA “Purpose and Need” section, implementation of the project as analyzed includes:
• Aerial re-seeding
• Re-forestation
• Ground-based material removal
o Using ground-based equipment on steep slopes
o Removal using conventional ground-based equipment
o Personal fuelwood
o Temporary road use on 58.1 miles, with decommissioning of these routes after
project completion
o Treatment of slash, including pile burning
• Recreation site stabilization
• Other recovery efforts, after assessments have been completed within the Hermits Peak Calf Canyon Fire portion of the project area:
o Noxious weed abatement (treatments approved in the Final Environmental Impact Statement for the Invasive Plant Control Project. Carson National Forest and Santa Fe National Forest (USDA 2005),
o Restoration and reforestation of fire-adapted vegetation types,
o Restoration of riparian areas,
o Post-wildfire hillslope stabilization treatments, including aerial seeding,
o Post-wildfire channel treatments,
o Post-wildfire road, culvert, and trail flow diversion treatments,
o Post-wildfire ash, sediment, and debris removal and infrastructure repairs,
o Structure demolition, relocation, or alteration, and
o Hydraulic capacity improvements and protection of water infrastructure.
Based on the resource specialists’ analysis/reports, as summarized within the EA, and tiering to FEMA Programmatic Environmental Assessment for the State of New Mexico Watershed Resiliency and Post-Wildfire Treatment Projects, the implementation of the Proposed Action and associated activities (including design features) can be implemented such that the proposed project will not result in a significant impact. This determination is based on the following:
• How well the selected alternative achieves the need.
• How well the selected alternative protects the environment and addresses issues and concerns.
• How well the selected alternative complies with relevant policies, laws, and regulations.

My decision to implement the Proposed Action is based on how well the alternative responded to the purpose and need and public comments received during the public involvement process. My decision facilitates the need to address recovery actions, particularly for the Hermits Peak Calf Canyon Fire as part of the integrated response for this emergency while also addressing vegetation recovery needed within these burned areas. My decision best meets the purpose and need to aid in recovery efforts, while complying with applicable laws and regulations and addressing the public’s concerns. In making this decision, we thoroughly considered issues and comments identified during scoping and from the public during the 30-day Draft EA comment period. Our decision balances public concerns and the need to restore and participate in integrated recovery efforts.”

 

 

WEG and Oregon Wild Argue That They Can’t Afford $4600 Award to Feds Despite Joint Annual Revenues of $7.5 Mill

Thanks to Nick Smith for this one, from the Capital Press.

Two environmental groups must pay about $4,600 of the U.S. government’s litigation expenses following the dismissal of their lawsuit against commercial thinning in southeastern Oregon.

A federal judge has ordered Oregon Wild and Wildearth Guardians to compensate the U.S. Forest Service for the cost of processing paperwork related to three disputed projects in the Fremont-Winema National Forest.

The environmental plaintiffs claimed the $4,655.80 bill would discourage similar “public interest” lawsuits in the future.

However, U.S. District Judge Michael McShane disagreed, ruling they “have not provided sufficient evidence that an award of costs would be inequitable or create a chilling effect” on such actions.

The judge also said the lawsuit wasn’t of such extraordinary importance that the U.S. Forest Service should be barred from recovering its costs as the prevailing party.

“The court will not allow plaintiffs to hide behind the subject matter of the litigation they initiated to avoid costs Congress intended them to pay” under federal law and court rules, McShane said.

Last year, the plaintiffs filed a complaint alleging the government’s plan to commercially thin 29,000 acres under the three projects was too expansive to “categorically exclude” from environmental review.

In August, however, the judge ruled such analysis wasn’t legally required for the South Warner, Bear Wallow and Baby Bear projects under an exemption for certain habitat improvement treatments.

After the lawsuit was thrown out, the Forest Service asked to be compensated for the money paid to a third-party vendor for converting paper administrative records into searchable PDF computer files.

The environmental plaintiffs objected, arguing they’d brought the case in good faith because the agency’s implementation of forest regulations affects “the entire National Forest system,” not just the 29,000 acres in question.

“Through cases like this one, plaintiffs and other conservation organizations help ensure that federal agencies properly manage public lands and remain accountable to the public they serve,” the nonprofits said.

The government countered that environmental groups are actually encouraged to file lawsuits against federal agencies under the Equal Access to Justice, under which they can recover attorney fees and other litigation costs.

For example, Wildearth Guardians was awarded nearly $300,000 for winning a case against the Forest Service last year, the government said.

The government also pointed to recent tax filings that showed annual revenues of nearly $3 million earned by Oregon Wild and $4.5 million earned by Wildearth Guardians.

“Public information indicates that plaintiffs have adequate means to pay for the modest bill of costs here,” the government said.

The judge said legal precedents allow him to consider the financial resources of plaintiffs, but in this case they’ve “not demonstrated that a severe injustice will result from an award of costs.”

Oregon Wild and Wildearth Guardians had previously appealed the underlying decision to allow commercial thinning on 29,000 acres to move forward.

The groups have now amended their filing with the 9th U.S. Circuit Court of Appeals to also challenge the government’s $4,600 award.