Secretary of Agriculture Nominee Perdue Hearing- DIY Journalism

This seemed like a good summary from Faith Campbell at The Center for Invasive Species Prevention.

Here’s one of my favorites quotes:

The hearing was friendly – except to the President’s proposed budget, which calls for a 21 percent cut in USDA’s discretionary spending. Ranking Minority Member Debbie Stabenow (D-MI) said the budget makes it clear that “rural America is an afterthought.” But Chair Pat Roberts (R-KS) and others noted that “the President proposes and Congress disposes,” with a nod down the table to Sen. John Hoeven (R-ND), who chairs the Senate Appropriations Committee’s agriculture subcommittee. Sens. Thad Cochran (R-MS), Mitch McConnell (R-KY), and Patrick Leahy (D-VT) — each with considerable seniority — serve on the same subcommittee.

I’m around many younger people nowadays who are really worried about the President’s budget. After spending a number of years watching this “President proposing and Congress disposing,” I am not as worried. Of course, I’m worried about their being worried…

And as for the Forest Service:

Only the U.S. Forest Service received more than passing attention. Its management of national forests was criticized. Several senators noted the crisis in funding fire-fighting. Forests, Gov. Perdue said, provide “opportunities clothed in challenges,” e.g., to implement best management practices and be better neighbors. Sen. Steve Daines (R-MT) urged him to restore active management of forests, as well as to limit litigation by “extremist groups.” Perdue sympathized.

Here’s the link to this article.

Any other interesting quotes or summaries from other sources?

Controversial Gaviota Fuel Break Canceled After Lawsuit

The following was posted on the Facebook page of the California Chaparral Institute. – mk

The Forest Service has canceled plans to construct a massive fuel break in a remote corner of the Los Padres National Forest after the California Chaparral Institute and our partners, Los Padres Forest Watch, challenged the project in federal court.

Today, our organizations, along with the Forest Service, notified the U.S. District Court that the project has been canceled and requested that the lawsuit be dismissed.

The project would have removed native chaparral habitat across a six-mile-long, 300-foot-wide corridor along the crest of the Santa Ynez Mountains along the Gaviota Coast, one of the crown jewels of Santa Barbara County. The site was located far away from any structures, and contained some of the most significant stands of Refugio manzanita, one of the rarest and most endangered manzanita species in California.

The Forest Service approved the project last September without preparing an environmental assessment and without proposing any measures to protect manzanitas and other rare plants and animals in the area.

By filing the lawsuit last November, we hoped to protect the Refugio manzanita and other rare plants and animals in the path of the fuel break. The suit was also aimed at encouraging forest officials to focus their limited resources on reducing fire risk directly in and around communities.

The vast majority of fire ecologists agree that the best way to protect communities from wildfire is to create defensible space immediately around homes, and to retrofit structures with ignition-resistant building materials like fire-rated roofs, dual-paned glass, and screening. Clearing vegetation in remote areas, far away from structures, is a costly and often ineffective way to stop wildfires and protect homes.

We appreciate the Forest Service’s decision to reconsider this flawed project, and we will continue to assist forest officials in identifying and implementing proven, cost-effective ways to directly protect homes from wildfire.

Our organizations were represented by Earthrise Law Center, the environmental law clinic at Lewis & Clark Law School in Portland, OR – one of the top environmental law programs in the country.

U.S. Forest Service Scalped on Tongass Timber Sales

Old-growth forest clearcutting was ongoing last summer on the Tongass National Forest’s Big Thorne timber sale on Prince of Wales Island. Photo by Jacob Ritley, as part of the Tongass Groundtruth Expedition, 2016.

Thanks to longtime blog commenter and contributor, David Beebe, for posting information about this release from PEER (Public Employees for Environmental Responsibility) in this comment at a previous post. – mk

Washington, DC — Recent timber sales from Alaska’s vast Tongass National Forest have been financial as well as ecological debacles, according to internal reports released today by Public Employees for Environmental Responsibility (PEER). In violation of its own policies, the U.S. Forest Service let timber operators benefit by cherry-picking more valuable trees and leaving intended salvage trees standing.

A June 20, 2016 Forest Service “Washington Office Activity Review” examined two large Tongass timber sales and found –

• Staggering monetary losses in each, “close to 2 million” in one sale, an amount “more than double the original stumpage” according to a post-harvest Monitoring Report. In the other sale, Forest Service maladministration led to “a reduction in sale value exceeding $1,700,000”;

• Despite being stewardship sales to improve forest health, the agency allowed companies to ignore prescriptions by “favoring removal in the larger diameter, more valuable species groups, such as western red cedar and spruce” while significantly undercutting far less valuable hemlock; and

• Required law enforcement timber theft prevention inspections appear to have been bypassed. Nor could the forest produce a written contract or other “pertinent documentation” for this high-volume sale. That sale also allowed “purchaser selection of trees without prior marking” and the forest’s only follow-on monitoring was completely “reliant on the purchaser’s own data.”

“This national forest runs major commercial timber sales like a cookie jar without a lid,” stated PEER Executive Director Jeff Ruch, noting that the review’s call for “an independent review [to] inform solutions and prevent similar issues in future timber and stewardship contracts” has run into a stone wall. “These reports read as if some Forest Service staff are coconspirators in wholescale timber fraud.”

Under the Secure Rural Schools program, a portion of all Tongass timber sale proceeds go to local communities and schools. Depressed sale values therefore cost both the U.S. taxpayers and Alaskan schoolkids. PEER is asking the Inspector General for the U.S. Forest Service’s parent agency to perform a “forensic audit” of recent sale proceeds to calculate total losses, as well as recommend steps to ensure that these sales yield the fair market value they are supposed to produce.

These were also stewardship sales using harvests to reach prescribed tree species cut criteria but they lacked any “defined process for independently confirming whether the criteria are being met. This obfuscates the acceptability of the end result.” Another issue the review identified was temporary timber roads improperly left open “for several years following commercial activity.”

“As a businessman, President Trump would presumably not write a sales contract so open-ended that it is tantamount to a license to steal,” added Ruch, pointing out that during the campaign, candidate Trump promised to increase timber jobs, presumably by directing more and larger timber sales from national forests. “We are asking the Senate to extract pledges from the upcoming nominees for the Chief of the Forest Service and the Agriculture Undersecretary for Natural Resources & Environment to ensure that all future timber sales protect both the forest resources and the taxpayer’s pocketbook.”

###

Read the Forest Service Timber Sale Review

View Post Harvest Monitoring report

See PEER call for forensic audit

Look at PEER letter to U.S. Senate

Look at long history of commercial timber theft on the Tongass

Litigation Weekly March 24, 2017

Court Decisions
1. No new decisions.

Litigation Update

1 . Timber I Region 6
Magistrate Judge in the District Court for the District of Oregon issued a Findings and Recommendation on Cascadia Wildlands et al. v. Carlton et al., stating that the Forest Service cannot move forward with a commercial thinning project without first conducting an environmental impact statement (EIS). The project, the Loafer timber sale, calls for the commercial thinning of approximately 1,400 acres and the prescribed burning of 821 additional acres in critical habitat to the Northern Spotted Owl (NSO). Plaintiffs challenged the Forest Service’s use of an environmental assessment (EA) for this project instead of an EIS, believing that the project’s adverse effects on NSO were to such a degree as to merit analysis beyond an EA. The Magistrate Judge agreed. Finding that “a considerable portion of designated critical habitat” would be effected by the project, the Judge determined that an EIS was warranted. (16-01095, D. Or.)
New Cases
1. Land Management I Region 6
Pacific Northwest fishermen sued under the Wild and Scenic Rivers Act for improved management of nine rivers in Mount Hood National Forest designated as part of the Wild and Scenic Rivers system in 2009 in Pacific Coast Federation of Fishermen’s Associations, Inc. et al. v. Northrop et al. Several of these rivers contain critical habitat for Coho, Steelhead, and Chinook salmon.
The Wild and Scenic Rivers Act was adopted in 1968 to protect public use and enjoyment of the rivers that possess outstandingly remarkable values in their natural condition. 16 U.S.C. §1271. It mandates that boundaries be established within one year of the designation, and that a comprehensive management plan be created for the protection, facility development, and other management practices within three fiscal years.
Plaintiffs are a coalition of fishermen’s organizations in California, Oregon, and Washington whose livelihood
depends on Pacific salmon, which require cold and unpolluted fresh waters. Plaintiffs claim that instead of establishing the river corridor boundaries and comprehensive management plans for the nine rivers, the Forest Service approved activities in proximity to rivers that threaten the rivers’ value. For example, plaintiffs approved projects with tree removal, dam improvement, and other watershed distributing activities. These activities are feared to disturb vegetative cover and soils as well as cause discharge sediment.
The complaint claims that the Forest Service:
1. Failed to establish detailed river corridor boundaries by the 2010 deadline, and continues to fail to do so; and
2. Failed to prepare comprehensive management plans by 2012 and continue to fail to do so. (16-17-0416, D. Or.)
Notices of Intent
1. Wildlife I Region 4
On behalf of the Idaho Conservation League, Advocates for the West submitted a Notice of Intent to Sue (N01) the Forest Service for authorizing water diversions in the Sawtooth National Forest. The NOI claims that 23 diversions near streams in the Sawtooth Valley which were issued special use permits by the Forest Service threaten Chinook salmon, sockeye salmon, steelhead, and bull trout in violation of the Endangered Species Act (ESA). Specifically, the NOI alleges the Forest Service violated the ESA in the following ways:
1. Failing to consult with the National Marine Fisheries Service or the Fish and Wildlife Service;
2. Failing to insure against jeopardy of sockeye salmon, Chinook salmon, steelhead, and bull trout;
3. Failing to insure against the destruction or adverse modification of each species’ designated critical habitat;
4. Irreversibly and irretrievably committing resources to the extent that the Forest Service has initiated consultation for any of the 23 water diversions; and
5. Causing the unauthorized take of ESA-listed species “by authorizing diversions that impair or block fish passage, reduce stream flows, entrain fish, increase stream temperatures, and harm fish by other means.”
Natural Resource Management Decisions Involving Other Agencies
1. Wildlife I National Park Service
Several environmental groups have filed a Motion for Summary Judgement on National Environmental Policy Act (NEPA), Administrative Procedure Act (APA), and Endangered Species Act (ESA) claims against the National Park Service’s (NPS) approval of Burnett Oil Company’s Plan of Operation (Plan) to conduct seismic geophysical exploration through wetland habitats in the Big Cypress National Preserve in Natural Resources Defense Council et al. v. National Park Service et al. Eleven federally-listed species occur in the area effected by the plan including Florida panther, Florida bonneted bat, red-cockaded woodpecker, and wood stork.
Plaintiffs state that the NPS’s and FWS’s analysis of the plan was insufficient and failed to use the best scientific data available. According to the plaintiffs, the Agencies analyzed the plan “too narrowly by ignoring areas affected by the use of” an off-site staging area for the exploration and “omitting a necessary buffer to account for Florida panther movements.” Additionally, the plaintiffs assert that the NPS ignored the impacts helicopter and truck activity within the survey area and off-site staging area would have on birds like the wood stork and on panther dens.
Citing two reasons, plaintiffs also contend that the NPS and FWS must reinitiate consultation on the exploration plan. The first reason cited by the plaintiffs is that the Burnett’s final plan changed the off-site staging area after the agencies approval in a way the agencies did not consider. Because this change, the plaintiffs state, has “the potential for different effects on species” the Agencies must reinitiate consultation. Citing Cottonwood Envtl. Law Ctr. V. U.S. Forest Serv., the plaintiffs’ second argument states that the Agencies have to reinitiate consultation because a new species was listed since the revision of the Preserve Management Plans, upon which Burnett’s Plan is based, last went through consultation. Specifically, plaintiffs claim the Florida bonneted bat was listed as endangered by the FWS in 2013, but that the Agencies have not yet reinitiated consultation on the affected
Preserve Management Plans and so Burnett Oil Company cannot begin exploration until this new consultation is completed.
2. Agency Deference I Bureau of Safety and Environmental Enforcement
The Supreme Court this week decided to not take a case challenging the legal doctrine with which courts give deference to agency interpretations of rules. At issue in the case was an order issued by the Interior Department’s Bureau of Safety and Environmental Enforcement forcing a company to permanently plug and abandon a well off the coast of central California. Even though the contract under which the well was operated had not been breached, Interior decided that its regulations still applied and called for the closing of the well.
The U.S. Court of Appeals for the District of Columbia upheld Interior’s order last year and the plaintiff challenged the decision. The plaintiff argued that the court improperly gave the agency deference in this case and asked the court to eliminate agency deference in cases where agencies interpret their own rules and regulation. The Supreme Court, however, passed on the plaintiff’s petition.

The NFS Litigation Weekly Newsletter is provided to Forest Service employees for internal, informational purposes and is not intended to provide a legal/policy opinion or interpretation of its subject matter. Information presented in the Litigation Weekly is publicly available via official court records. Official court records should be consulted for the most complete and accurate discussion of each case.

Files: NRDC v NPS Sawtooth NF Diversion NOIS Pac Coast Fedn Fishermens Assn v Northrop Cascadia Wildlands v Carlton

The Impact of Sound Forest Management Practices on Wildfire Smoke and Human Health

– Some would have us turn our forests back to a time before any of mankind inhabited North America.
– Some suggest that we should limit our management of forests to that done by native Americans pre European times.
– Some of us see a problem with limiting ourselves to these past practices because of the current population level.
– Some of us even see that properly validated forest science carried out in environmentally sound ways can improve the sustainability of our forest ecosystems and all of the species that depend on them for habitat, store carbon and reduce our dependence on the use of non-renewable, environmentally unfriendly resources which are being extracted from their long term, safe, natural storage underground.

This article (J. For. 115(●):000–000 http://dx.doi.org/10.5849/jof.16-042
Copyright © 2017 Society of American Foresters) “fire & fuels management Aligning Smoke Management with Ecological and Public Health Goals” seems to me to be a good starting point for a much neglected discussion on why mankind has to manage our federal forest better just from the point of protecting human health.

A) Motivation for the study comes from:
1) “mismatches between the scale of benefits and risks make it difficult to proactively manage wildland fires to promote both ecological and public health.”
2) “A recent update to wildfire smoke policy proposed by the US Environmental Protection Agency (US EPA) recognized the need to restore and maintain more frequent fire regimes through intentional use of fire, while asserting that protecting human health remained the agency’s “highest priority” (Office of the Federal Register 2015). Therefore, addressing both forest restoration and air quality objectives remains a central challenge.”
3) “Hurteau et al. (2014) found that under a business-as-usual climate scenario, this escalation in fire potential is likely to increase wildfire emissions in California by 50% by the end of this century unless agencies take a more proactive approach to fire use.”
4) “… current policies have permitted regulators to curtail fires intentionally managed for resource objectives in response to nuisance complaints by a few individuals, despite the potential for such
fires to have long-term collective benefits (Engel 2013). Because the impact and likelihood of smoke increase the longer that fire is kept out of the system, extensive fire suppression can result in a vicious cycle that becomes more and more costly to escape until the system fails, as represented by extreme
wildfires (Calkin et al. 2015).”
5) “Smoke and wildfires can impact public health in ways other than particulate pollution, including ozone pollution, increased stress during and after wildfires, and strains on medical services and communication systems (Fowler 2003, Kumagai et al. 2004, Finlay et al. 2012). Despite these broader
considerations, public health regulations for smoke typically focus on a 24-hour average of PM2.5. Values that exceed 35ug/m3 are considered unhealthy for sensitive groups, which include pregnant women, young children, elderly individuals, smokers, and people with chronic respiratory problems such as asthma (Delfino et al. 2009, Kochi et al. 2010, Moeltner et al. 2013).”

Please note that this study was not offered as a be all and end all study. In my opinion, the main objective was achieved. That objective being to give order of magnitude numbers to justify further research and further stimulate the process of rethinking current regulations and forest management policies.

B) Known Facts:
1) California: “The wildfire emissions in 2008 represented 68% of all PM2.5 emissions in the state, and they caused notable public health impacts (Wegesser et al. 2009, Preisler et al. 2015)”
2) “An important spatial mismatch results from the fact that large wildfires can create smoke impacts on distant urban populations. The risk to urban populations from regional-scale smoke impacts has increased as California became the most urbanized state in the United States, with 90% of its population residing within cities that have more than 50,000 people and another 5% living in smaller urban clusters (US Census Bureau 2015). Many of those urban areas are situated in valleys or basins that have poor air quality due to human activities as well as natural conditions that often trap pollutants (Ngo et al. 2010, Nakayama Wong et al. 2011). For example, the four metropolitan areas in the United States with the highest levels of particle pollution are all located in California’s Central Valley (American Lung Association 2015). Because many urban populations already experience poor air quality during the summer, they are particularly vulnerable to health impacts from wildfires (Delfino et al. 2009, Cisneros et al. 2014)”
3) “Within the study area, daily emissions from both prescribed burns and resource objective wildfires remained well below 500 tons PM2.5 , whereas the Rim Fire had 20 days exceeding that threshold (nearly half of its entire period of active fire growth) and peaked at nearly 11,000 tons PM2.5 /day on Aug. 26, 2013 (Figure 2). During the late summer, air quality is already problematic in downwind areas such as the Lake Tahoe Basin and San Joaquin Valley”
4) “Ground-level monitoring indicated that these large smoke plumes coincided with highly polluted days in Reno, which occurred on August 23–25 and again on August 28–29, when PM2.5 values exceeded the “unhealthy for all populations” standard (55.5ug/m3) (Figure 4F). Such high levels are such a serious health concern that people are advised to avoid going outdoors. Navarro et al. (2016) reported that very unhealthy and unhealthy days occurred at 10 air monitoring sites in the central Sierras, northern Sierras, and Nevada during the Rim Fire.”

C) Data – Smoke Plume data was used to “compare differences in smoke impacts between resource objective wildfires and full-suppression wildfires within the San Joaquin River watershed in California’s Sierra Nevada, the Sierras that burned between 2002 and 2013, including 10 resource objective wildfires (totaling 20,494 acres), 17 prescribed fires (totaling 6,636 acres), 4 small wildfires (totaling 12,025 acres), and the exceptionally large Rim Fire (257,314 acres). … the limited availability of smoke monitoring data, particularly before 2007, requires a focus on modeled emissions.”

D) Findings: Reasonable Expectations from the use of increased forest management to reduce the impact on human health of catastrophic wildfires include:
1) “Our results indicate that the 257,314-acre Rim Fire of 2013 probably resulted in 7 million person-days of smoke impact across California and Nevada, which was greater than 5 times the impact per burned unit area than two earlier wildfires, Grouse and Harden of 2009, that were intentionally managed for resource objectives within the same airshed.”
2) “The combination of a warming climate and accumulation of forest fuels ensures a future with more large fires and smoke in dry western US forests. We have outlined framework to more directly account for regional-scale smoke impacts from these events using surface monitoring and satellite observations of smoke. Managing large fires for resource objectives can shift the release of inevitable emissions to conditions that minimize large-scale smoke impacts, by controlling fire spread based on available dispersion and monitored impacts and creating anchors for containing future hazardous fires. When well supported by firefighting, air quality monitoring and modeling, and public communications resources, this approach can overcome existing disincentives for achieving ecological and public health goals.”
3) “August 31 … Altogether, medium- and high-density HMS smoke from the Rim Fire on that day covered a large area (251,691 mi2) with a population of 2.8 million people, more than 2 million of whom resided below high-density smoke … In contrast, the Grouse and Harden Fires burned slowly over the early summer of 2009, with very modest emissions until the last week of June … Our analysis of HMS maps indicated that there were only 2 days when medium-density plumes overlaid substantial populations in California and Nevada, amounting to 25,000 person-days”
4) “the Rim Fire burned 55 times more area (257,213 acres) than the combined footprint of the Grouse and Harden Fires (4,695 acres), but our analysis suggests that it had at least 275 times greater impact in terms of persondays, or 5.5 times greater impact relative to area burned.”
5) “Our analyses help to illustrate and begin to quantify many of the potential benefits of resource objective wildfires compared with those of extreme fires:
– 1. Reduced fuels and reduced consumption. … We accounted for this effect within the 10,385 acres of the Rim Fire’s footprint that had experienced prescribed fires or resource objective wildfires since 2002 by changing “typical” fuel loads to “light,” which reduced estimated emissions in those areas by 53%.
– 2. More favorable dispersion and potential for less ozone. As maintenance burns reduce fuel levels over time, managers may be able to burn more safely earlier in the summer and or later in the fall, when dispersion is often more favorable and ozone concentrations are lower (Jaffe et al. 2013). Fires managed for resource objectives are less likely to result in the greater lofting and concentrations of smoke reported from extreme fires, which often deliver pollution to distant, large urban populations in lower-elevation valleys (Colarco et al. 2004, Peterson et al. 2015).
– 3. Greater ability to regulate fire spread. Because wildfires would be managed for resource objectives when weather and fire behavior conditions are more moderate than under extreme wildfires, their slower fire spread can curb daily emissions. In addition, managers can employ the push-pull tactics burn described for the Grouse Fire to regulate daily emissions based on monitored concentrations fire will become increasingly important for reducing the likelihood and extent of large-scale, extreme fires like the Rim Fire (Westerling et al. 2015).”

America’s national forests are not unhealthy, don’t need logging to be “restored”

The following guest column was written by Brett Haverstick, the education and outreach director of Friends of the Clearwater, a public lands advocacy group in north-central Idaho. – mk

National forests across the West are facing dire threats from politicians, the timber industry and the U.S. Forest Service. The public is being misled into thinking that our forests are “unhealthy” and that they need to be “restored” due to “beetle infestations” and “insect and disease.” All of this is euphemism to drastically ramp up logging.

America’s national forests are not unhealthy. Some people may want forests to look a certain way, but that desire or perception ignores scientific research, which suggests that fungi, bacteria, insects, disease and wildfire are key components of forest function and resiliency. If you want a healthy forest, these natural processes must be allowed to play out.

Efforts to “thin the threat” and use thinning for “fire hazard reduction” across Western landscapes is largely unsubstantiated in scientific literature. Recent studies suggest forests with stands of “dead trees” are at no more risk of burning — and possibly less — than thinned forests. Dead trees generally burn more slowly because they do not have oil-rich needles or resins. To the contrary, thinning “live trees” places fine fuels like needles and cones on the ground, and opens the forest canopy to greater solar penetration and wind, resulting in overall drier forest conditions and flammability.

The Forest Service is currently identifying “priority areas” on the national forests that need to be treated (read: logged). A provision of the 2014 farm bill gives the agency the ability to expedite logging projects, including in roadless areas, designed to reduce fuels and prevent the chance of “uncontrollable wildfires.” Public involvement is simultaneously being minimized, and robust environmental analysis is being short-changed.

Fire frequency and intensity in the West are predominantly climate- and weather-driven. An overwhelming amount of scientific evidence shows that drought, warm temperatures, low humidity and windy conditions drive wildfire intensity. Tree density and beetle infestation do not drive fire intensity and behavior.

The predominantly mixed-conifer forests of the West have evolved with fire. Wildfires are not “catastrophic,” but rather necessary for nutrient cycling, soil productivity and providing habitat for insects, birds and mammals. Wildfire is a natural disturbance that is critical to forest function and resiliency. A more accurate term for Western landscapes is “fire-scapes.”

Building roads and logging in postfire landscapes is also unnecessary and harmful. “Salvage logging” impedes forest succession, can increase soil erosion, and impairs streams, fish habitat and water quality. Scientists are discovering that “snag forests” are one of the most biologically rich and diverse habitat types, rivaled only by old growth.

Politicians and the timber industry are assaulting America’s national forests. Managed forests are neither healthier nor more resilient to wildfire. The real catastrophe is that the forest service continues to lead its century-old war on wildfire by supporting commercial logging and fire suppression to the detriment of American taxpayers and forest ecosystems.

FS Litigation Weekly March 17, 2017

The Forest Service used to send these out with a word and a pdf version. Currently they only send a pdf version. So apologies for bad things that happen as a result of conversion to word so I can post them. I am trying different free conversion programs and am sure this will settle out. Thank you for your patience!

I am a little curious about the FACA case at the end..why would the FS not follow the rules about the FACA committe re:meetings and documents? Is there more to the story?

1. Wildlife | Region 6
The Forest Service received a favorable ruling in the District of Oregon concerning livestock grazing in the Fremont-Winema National Forest in Oregon Wi/d et a/. v. Cummins et a/. The plaintiffs alleged the Forest Service violated the Endangered Species Act (ESA), the National Forest Management Act, (NFMA), and the National Environmental Policy Act (NEPA) by issuing grazing permits authorizing livestock use on federal lands. Plaintiffs believed the grazing activities threatened the Lost River sucker and the shortnose sucker.

In their first claim, Plaintiff’ s challenged the 2014 re-consultation’ s conclusion that grazing is not likely to adversely affect suckers’ critical habitat in violation of the ESA. The court found plaintiff’ s ESA claim moot since the Forest Service has to complete a new ESA consultation prior to any livestock grazing in 2017.

Plaintiff’ s NFMA claim centered on the contention that the Forest Service “ignored widespread evidence of riparian problems.” The court disregarded this claim because the court found that the Forest Service reasonably gathered and evaluated data and issued the challenged permits on that basis.

Regarding Plaintiff’ s first NEPA claim that the Forest Service violated NEPA in issuing its 2009 EA, the court found that the plaintiffs failed to exhaust their administrative remedies and thus could not bring this claim in the first place.

Lastly, Plaintiffs alleged that the Forest Service had a duty under NEPA to supplement their analysis due to newly designated habitat and changing conditions. The court found nothing in the analysis attached to the newly designated habitat or the changing conditions identified grazing as a significant threat to suckers. Thus, the court concluded, the Forest Service did not need to supplement its NEPA analysis.

2. Wiidiife & Recreation | Region 3
The District Court for the District of Arizona ruled in favor of the Forest Service in a case on the Kaibab National Forest in Centerfor Biolgical Diversity et a/. v. United States Forest Service. Plaintiffs had filed a Resource Conservation and Recovery Act claim against the Forest Service seeking “judicial review, as well as declaratory and/or injunctive relief” to stop the disposal of lead ammunition on public lands and “to protect wildlife species threatened by exposure to spent lead ammunitions in the foraging range within [Forest Service} land in Arizona.”

The Forest Service, along with several intervenors, filed a motion to dismiss this claim for failure to state a claim upon which relief could be granted. The court ended up dismissing this case, however, on justiciability grounds.

Article III, Section 2 of the United States Constitution limits the federal judicial power to questions capable of resolution through the judicial process and that do not intrude into areas committed to other branches of government. The court here believed that the “prohibition of lead ammunition in national forests is a matter over which the USFS has control” and “is a matter on which the USFS has knowledge and expertise. The court, therefore, concluded that it was not in in any position “to supplant the USFS’s authority, knowledge, and expertise
on this matter” and dismissed the case.

1. Wildlife | Region 5
The District Court for the District of Columbia granted in part and denied in part the Forest Service’s motion to dismiss Federal Advisory Committee Act (FACA) and Administrative Procedures Act (APA) claims brought by the Center for Biological Diversity challenging an advisory committee established to create a conservation strategy for the California spotted owl for the Sierra Nevada Region in Center for Bio/ogica/ Diversity v. Tldwe// et a/.

The plaintiff stated two claims for relief under FACA:

1. The Forest Service violated FACA by failing to have a committee that was fairly balanced in terms of points of view, failing to open the committee’ s meetings to the public, and not making the committee’ s documents available to the public; and

2. The Forest Service has engaged “in a pattern and practice of violating FACA.” Due to the court finding that the committee no longer existed and that there was no evidence that wrongful conduct was likely to reoccur, however, the court dismissed the plaintiff s FACA claims as moot.

Although the court dismissed the FACA claims, the plaintiff’ s APA claims survived to the extent they seek relief for the Forest Service’ s failure to comply with FACA’s document disclosure provision. Under FACA, the government is required to make certain materials available to the public as a matter of course, unless certain exceptions apply. Documents that were made available to or prepared for or by each advisory committee are required to be disclosed. The plaintiff, the court concluded, made a viable claim under the APA that the committee was regulated by FACA before it ceased to exist and that the Forest Service failed to disclose materials prepared for and by the committee.

CBDvFSDistrictCourtDismissalCBD v TidwellOregon Wild v CumminsLitigation Weekly 03172017

Center for American Progress: “America’s Forgotten Forests”

New report from the Center for American Progress (CAP): “America’s Forgotten Forests: A Vision for Revitalizing Rural Economies Through Restoration”

Greenwire used this headline: “Think tank urges Trump to transfer agency to Interior” but the policy paper is much more comprehensive. Greenwire says the report lays out policy recommendations that “include responsible timber harvest but also put the focus on forest restoration as a pathway to all kinds of additional positive outcomes, many of which would create American jobs.”

Some folks will find much in the paper to disagree with, as I do. For example, the authors have far too much faith in recreation as a forest resource/value that can adequately sustain rural communities. However, they do highlight the potential of cross-laminated timbers: “Fostering growth in this new market would put more people to work in the timber industry and return forests to health.”

Some folks will discount the paper because of its source — the CAP is widely seen as progressive/liberal. IMHO, the paper is well worth thought and discussion.