Weaken a key environmental law to help California meet its climate change goals?

Weaken a key environmental law to help California meet its climate change goals? That’s what a state lawmaker proposes. Except from LA Times article is below.

If this come to be, then why not revise laws that make it harder or more time-consuming for forest managers to conduct fuels treatments and other activities that reduce fire hazards or fire intensity? According to data from the Idaho Department of Environmental Quality, the roughly 700,000 acres burned by wildfires in Idaho last year resulted in the emission of 12,300,000 tons of carbon dioxide, about 120 percent of the 10,200,000 tons of CO2 emitted by on-road vehicles in Idaho during the same period. Reduce the number of acres burned and you reduce emissions.

LA Times:

Assemblyman Tim Grayson (D-Concord) has introduced legislation that aims to make it harder for lawsuits filed under the California Environmental Quality Act, or CEQA, to stop construction of roads and public transit.

CEQA requires developers and public agencies to disclose a project’s environmental effects and take steps to reduce or eliminate them. But Grayson says the law can grind to a halt transportation projects that are needed to reduce the amount of cars on the road.

His legislation, Assembly Bill 1905, would make it easier for road or transit projects included in a state-approved regional growth plan to begin construction before any CEQA litigation is resolved.

Since state climate regulators will have already signed off on those road and transit projects when approving a region’s growth plan, the projects shouldn’t face multiple threats of environmental litigation, Grayson argues.

“What I’m looking at is how do we cut down on traffic congestion where we’re just spilling greenhouse gases, creating clouds of greenhouse gases and impacting the environment negatively,” Grayson said.

But Grayson’s approach is already attracting concerns from high-profile environmental organizations. Environmental groups often credit CEQA, which took effect in 1970, with preserving California’s natural beauty, and argue it is complementary — not contrary — to the more recent climate change laws.

Hanson: “Forest ‘restoration’ rule is ruse to increase [commercial] logging”

This op-ed is nothing new from Chad Hanson, but here goes anyhow….

“The U.S. Forest Service recently proposed a sweeping effort to identify aspects of environmental analysis and public participation to be “reduced” or “eliminated” regarding commercial logging projects in our national forests, with initial public comments due Friday. The Trump administration is attempting to spin this as an effort to promote “increased efficiency” for the expansion of forest “restoration,” but these are just euphemisms for more destructive logging.”

Logging is “destructive” — especially commercial logging. That’s partly, I think, because it is commercial — a profit might be made. This issue came up in a recent discussion I had with friends about the highly controversial plan by Nestle to build a water-bottling plant in Cascade Locks, a small town on the Columbia River. (The plans were nixed last year by Oregon Gov. Kate Brown.) Bark, an environmental group that is opposed to commercial logging on the nearby Mt. Hood National Forest, also is opposed to commercial water bottling: It suggested that like-minded people “Please tell [the state regulatory agency] that ‘Giving public water away so that Nestlé can bottle and profit from it is the wrong thing for Oregon! Retain our public water rights!’

I asked one of my well-connected friends who opposed the deal whether other opponents would favor it if, instead of Nestle, a non-profit organization or perhaps the city of Cascade Locks itself opened a bottling plant. His answer: “Of course!” Much of the opposition was apparently not about the water, but about making a profit from it.

Would Hanson would oppose “destructive logging” even if a non-profit were the contractor? Probably. Others do not. The National Wild Turkey Federation hasn’t had much opposition to its work as a stewardship contractor in Arizona, for example:

“Forest thinning offers several benefits, according to Scott Lerich, NWTF senior regional biologist. Among them are: increased biodiversity, watershed quality and amounts of forbs and grasses available for wildlife. It also increases employment opportunities, conservation of wildlife and prevents large-scale forest fires.” And: “Encompassing about 5,000 acres and home to Mount Graham red squirrels and Mexican spotted owls, this area needs commercial logging and prescribed fire to manage several species of pine and firs.”

When I interviewed Lerich for a recent article in The Forestry Source, he told me that the Center for Biological Diversity approved of the project.

If anyone of this blog has a connection with Hanson, I suggest that you invite him to join us in a discussion of the commercial aspects of logging.

 

 

 

Maybe they should just sell this national forest land?

Steve Sanders addressed the board on the issue of the landfill nearing capacity. Sanders stated the landfill is expected to meet capacity sometime in the summer 2018. The plan for expansion has been on the books for a number of years. The expansion will cap in 5-7 years and then will require Gila County to have a new site to continue to collect municipal solid waste to dispose of for the northern part of the county. They have already started discussions with the Forest Service to acquire land around the Buckhead Mesa Landfill as it’s on a special use permit from the Tonto National Forest.

When someone argues that the Forest Service isn’t complying with the Multiple-Use Sustained Yield Act because a particular use excludes others, show them this example.  I suppose you could camp here … or how about a shooting range?

Lawsuit against water diversions on the Sawtooth

Nearly two dozen water diversion projects in central Idaho’s Sawtooth Valley are harming federally protected salmon, steelhead and bull trout, according to the Idaho Conservation League (and this article).

Specifically, the lawsuit says the Forest Service in 2001 prepared environmental documents called Biological Assessments and found most of the 23 diversions are “likely to adversely affect” one or more of the protected species.

Those assessments were sent to Fish and Wildlife and NOAA Fisheries. But in June 2001, NOAA Fisheries notified the Forest Service, according to the lawsuit, that the additional information was needed to begin the consultation. The lawsuit says the Forest Service never followed up with that additional information.

“More than 16 years later, the Forest Service continues to authorize these 23 diversions to be used, operated, and maintained without ESA consultation, even though sockeye salmon, Chinook salmon, steelhead, bull trout, and their habitat have been, are being, and will continue to be harmed by the diversions,” the lawsuit says.

Once an agency decides that a proposed action is likely to adversely affect a listed species it has to formally consult with the appropriate agency (in this case, Fish and Wildlife Service for bull trout and NOAA Fisheries for salmon and steelhead).  If they haven’t done it, it’s kind of an open-and-shut case – one that would be a good candidate for settlement.  Under ESA, there should have been a 60-day notice of intent to sue, which should have led to discussions that might have avoided a lawsuit.  Not sure what happened here.  (If there have been more recent reauthorizations with a finding of “no effect,” that would complicate things.)

Forest planning heats up on the Custer-Gallatin

It looks like the Forest has at least two alternatives now for wilderness recommendations, with competing proposals from a local wilderness group and a “partnership” that includes a state wilderness group.  (What should count more, local or collaborative?).  An interesting comment from the local group:

“I recently met with the Custer/Gallatin National Forest supervisor regarding the forest plan revision available for public comment. She cautioned me to limit my comments to science-based concerns rather than value-based.  I have a problem with that.”

That disagreement sounds like one we have discussed before.

Then you’ve got bison (and protesters).  It’s a pretty unique situation, but triggers the standard requirement for the Forest to determine if there is substantial concern about their persistence in the plan area, which would require them to be formally treated as a species of conservation concern and maintain habitat for a viable population.  They can’t just say they’ll do whatever the state wants, or whatever the Park Service wants, or assume that those other parties would ensure that the species persists on the Forest.

“Outdoor Recreation” Industry Goes Political- What’s the Battle of Bears Ears Really About?

The Outdoor Retailer and Snow Show held its first event in Denver this week at the Colorado Convention Center. Thanks to Jennifer Yachnin/E&E News

For those of you who haven’t been involved in Interior West public lands drama, the Outdoor Industry decided to move their annual trade show to Denver from Salt Lake City because of a disagreement with elected officials about Bears Ears.

As it turns out in this E&E News story, apparently that industry has decided to become more politically active:

Peak politics
Roberts said OIA will aim to maintain that newfound engagement among its members in coming months, vowing to hold members of Congress accountable on public lands positions as well as unveiling new programs — including a congressional scorecard and a voter education program.

“I think our opportunity is to go into those areas where we know voters are really concerned about these issues and talk about the importance of the outdoor recreation economy to their state, the opportunity in building an economy that’s built on outdoor recreation, especially for rural areas,” Roberts said. “I think we have a responsibility to raise awareness … so that voters are thinking about that when they go to the polls, and they think about who best represents them.”

Roberts pointed to the latest Conservation in the West Poll released by Colorado College this week, which shows more voters self-identifying as conservationists (Greenwire, Jan. 25).

During a panel discussion on the poll’s results, Roberts also said OIA members will focus more on congressional primary contests, which has not been a priority in past election cycles.

“We have to think as an industry, in districts where it’s likely a Republican is going to be elected, what’s the opportunity in a primary there?” Roberts said. “We know that voters who are identifying as Republicans also care about conservation issues.

This sounds like a full court press (with conveniently released Colorado college polling figures we’d discussed here) and op-eds released at the same time, this one by a Winter Olympian (really?), published by the Colorado Springs Gazette here.

Hearing that the Trump administration has opted to shrink some of our nation’s most treasured national monuments is deeply upsetting to me.

On top of this, lawmakers recently introduced legislation to further secure these reductions to our monuments. These actions are so shocking to me, especially given that the public is so clearly opposed to the idea. Many of these public lands play a critical role in our history, and I can’t imagine getting rid of these protections.

I don’t get the linkage between Bears Ears and their industry. Usually industry folk want reduced tariffs for items they import, and reduced regulation (like streamlining NEPA for guided recreation), but it seems like there is a preference for Monuments and Parks over Forests and BLM.

Is “access” a codeword for Parkification? Who is leading this full court press? Why did they pick Bears Ears, and why are they still going after it? Do current Forest Service and BLM visitors not buy enough Patagonian doo-dads?

Forestry prof says enviro’s corridor lawsuit has holes

We should start a list of enviro’s willing to use falsehoods to obstruct sound/healthy, sustainable forest ecosystems – here are two strong candidates:

Enviros (Oregon Wild and the Greater Hells Canyon Council) indirectly claim supernatural powers by being able to discern the false motives of others and decide what research is good and what is bad in spite of their lack of any impartiality, broad understanding of established forest science or background sufficient to discern relative value of evolving research.

Dr. James Johnston has been quoted in the Wallowa County Chieftain as outing certain falsehoods perpetrated by these two groups. Selected facts per the Chieftain and quotes from Dr. Johnston are as follows (my comments are in italics and parentheses):

A) Per the Chieftain:

1) “The corridor project is a U.S. Forest Service plan to use both hand and mechanical treatments to ostensibly mitigate wildfire in the area west of Lostine, while the two activist groups claim it is a thinly-veiled excuse to commercially log the corridor.”
(i.e. Enviro’s claim to be able to discern False Motives of others)

B) Per Dr. Johnston after reading the FAQs published by the two enviro groups:

1) “One-hundred percent of the project is explicitly designed to address safety issues. Oregon Wild may believe that only 10 percent of the project is appropriate to address safety issues, but that’s just their opinion. … the U.S. Forest Service has considerable expertise in managing fire and risks to human health and property while stating that Oregon Wild is not drawing on any particular fire management expertise. Johnston also said he was not aware of any expert in fire and fuel management that endorses their claim that only 10 percent of the project addresses safety issues.”
(i.e. Enviro’s claim that their opinion is fact without supplying objectively determined evidence.)

2) “The professor also questioned FAQ statements that the project will prioritize commercially logging some of the largest most fire-resistant trees out of the forests over stands of smaller trees that could benefit from thinning, or that scientific evidence indicates that logging in that type of forest will not decrease the severity of fire but would likely increase fire severity risk in the forest. … 100 percent of the proposed logging targets small fire- intolerant forest structure, and a huge body of scientific evidence demonstrates that removing those trees can reduce fire severity and make wildfires more manageable and less of a threat.”
(i.e. Enviro’s claim that faux science is good and established science is bad. Again, where is there evidence?)

3) ““Oregon Wild badly misrepresents the science,” Johnston said. “The one paper that they cite clearly states that fuel reduction thinning such as that planned for the Lostine River Corridor is appropriate in cases of unnaturally high fuel loading. This is precisely the case in the Lostine River Corridor.””
(i.e. Enviro’s cite references that don’t support their case. How could that occur unless it was a deliberate attempt to deceive or an example of their ignorance on the subject?)

4) “Dr. Johnston also noted that the Forest Service has documented that the corridor currently contains far more trees than were present before fire was excluded from the area at the end of the 19th century.

“There are very high fuel loadings that pose a significant risk to old-growth forest structure,” Johnston said. “Much of the old-growth larch in the corridor has died or is dying as result of competition-induced stress. Oregon Wild presents zero evidence that thinning will increase fire severity. All of the available evidence suggests that thinning and prescribed fire will reduce fire severity and protect old growth.””
(i.e. Enviro’s claim that their opinion is fact without supplying objectively determined evidence.)
(i.e. Enviro’s claim that faux science is good and established science is bad. Again, where is there evidence?)

5) “Another statement in the FAQ gave Johnston pause: “Not only will this project not stop a fire, the proposed industrial logging prioritizes many of the most mature fire-resistant stands in the canyon over those that might benefit from thinning.”

“The Forest Service is only planning to treat 450 acres within the corridor, which is a tiny percentage of the total land area and a tiny percentage of the total area that probably should be treated to reduce risk of uncharacteristic insect, disease and fire effects,” he said. Johnston added that all 450 acres of thinning is targeting the most overgrown stands.”
(Again, enviro’s are unabashedly publishing outright falsehoods and making mountains out of molehills to mislead the public; spend taxpayer dollars on insignificant issues; and delay the implementation of sound, sustainable forest management where appropriate to reduce the risk of loss of existing federal forests prized by all Americans. And for what? Maybe, if we are lucky, another forest that will look like a huge clearcut in the beginning and possibly produce an inferior forest because of all of the erosion of valuable topsoil and dead/destroyed root systems resulting from the baked soils. Yet, they will protest any suitable use of clearcuts even if the only impact is a deterioration of the viewshed for a limited time period. Or maybe, the denuded land will become another grassland or maybe even another Grand Canyon. They have outed themselves. Once they had clear but mistaken goals to “preserve specific old growth forest ecosysytems/types” without any plan for regeneration to replace those dying stands/ecosystems. Now their double talk and lies have turned 180 degrees and have contradicted all of their past claims and revealed that they don’t really care about protecting existing forests. In fact they don’t care what happens to the land. The only thing that they seem to care about is being important, maintaining their power base (fiefdom), and raising funds to keep certain enviros employed.)

USDA OIG Harassment Survey and Report in Forest Service Region 5 Released

Posted today: The FS response here.
Here are some actions that the FS is doing or is going to do.

Opened the Harassment Reporting Center (Nov. 2017): The Forest Service Harassment Reporting Center is a single office dedicated to receiving all reports of all types of harassment. The Harassment Reporting Center is open seven days a week from 7:00 a.m. to 11:00 p.m. Eastern. Representatives can be reached by calling the toll-free number: (844) 815-8943. It is operated by skilled and trained, contracted representatives who are available to confidentially take reports of harassment from employees, supervisors and anyone who does business with the Forest Service.

Launched the Anti-Harassment Program intranet page (January 2018): The Forest Service has created a new intranet page committed to the Anti-Harassment Program. The intranet page was created to provide a single dedicated resource for all employees and contractors to receive current and accurate information regarding the anti-harassment policy and program. The new page will answer frequently asked questions, such as what is harassment, how to report it, what to expect once reported and what to expect regarding the inquiry or investigation.

Applied accountability and continuous learning
: Since the establishment of our new anti-harassment policy in September 2016, we have received 1,013 reports of harassment and have completed inquiries/investigations in 632 of those cases. Of the 632 cases, 150 cases found misconduct and we have implemented corrective actions. The 150 corrective actions taken range from letters of warning all the way to termination/removal depending on the severity and facts gathered in each case. When looking at the cases where no misconduct/harassment occurred, those cases suggest the need to provide a better understanding of what harassment is. Along with that, we see a need for quicker assistance to overcome workplace conflicts or communication barriers that are not harassment or misconduct. This is particularly true when it comes to the bullying category. In these cases, we have implemented a process to quickly provide opportunities to resolve conflict and communication issues by offering the services of our Conflict Management and Prevention Program.

Created a senior advisor in the Chief’s Office
: The senior advisor will integrate agency efforts that improve the work environment. This position aims to reinforce the Forest Service’s ongoing commitment to create a harassment-free workplace where every employee feels valued and respected.

In coming weeks here are other actions we will take:

Finalizing an agency-wide anti-harassment training to continue to provide employees with the tools they need to eliminate harassment from our work environment. It addresses the five key points of our policy while stressing that every employee has a responsibility for doing their part when it comes to eliminating harassment. Training will be delivered to all employees by our senior leaders. We expect to begin delivering this training in late spring 2018.

Designing work environment engagement opportunities that focus on building trust and provides a safe forum for employees to discuss the work environment.

Establishing an employee advisory group to identify proactive steps for peer-to-peer engagement and support to empower employees. This group will advise the Chief and senior leadership on additional practices or policy steps needed to eliminate harassment and promote safe and respectful workspaces. As we learn more, we will continue to enhance and strengthen our agency. We must continue to uplift and empower our employees and maintain a respectful, safe working environment.

If you have been harassed, or you know of harassment taking place, please report it to the national Harassment Reporting Center, where it will be documented and investigated. Learn more on the center’s website.”

Here is a link to the OIG survey. I must admit I was a little curious about “supervisor harassment.” I searched and couldn’t find it defined in the document.
Comments welcome!

New mountain top radio tower causes static

The Humboldt-Toiyabe National Forest has gone a century (or however long it’s been since they invented radios) without radio service on some of its lands, but has decided that it needs it now, and that it requires the use of a mountain top with no development on it yet, and that there is no impact on the environment of doing that.  They say it technically fits a categorical exclusion because it involves less than 5 acres of land, and there are no extraordinary circumstances.  But it’s on the top of a pristine scenic mountain, and there is apparently an alternative location that is already developed?  And it sounds like it might require a forest plan amendment (meaning they told the public they intended to keep the mountain top pristine).  No wonder people are complaining.  It sounds like the kind of tone-deaf action that makes the agency look bad.  Do the EA; consider alternatives.

Trout Unlimited’s Chris Wood: “Good things are happening on our national forests”

Op-ed from the Idaho Stateman by Chris Wood, president and CEO of Trout Unlimited.

“Some members of Congress glee in blaming the Forest Service for declines in timber cutting, and the proliferation of wildfires in the West. Outside the glare of Washington, D.C., however, good things are happening on our national forests — starting in Idaho.”