National Stewardship Contracting Virtual Meeting Jan 27 2015

Sounds like quite the wonkfest….

National Stewardship Contracting Virtual Meeting

Tuesday, January 27, 2015
Eastern Case Studies: 11:00 AM EST
Western Case Studies: 12:30 PM EST
Registration required: Register now

Why should you attend?
Fresh off its permanent authorization in the 2014 Farm Bill, stewardship contracting is factoring into the activities of National Forests and BLM Districts across the country. This webinar is a great opportunity to learn more about how tribes, conservation groups, local communities, private landowners, and various non-agency stakeholders are engaging in the management of federal forests through stewardship contracting. In this virtual meeting you will get to hear stories and lessons learned from recent stewardship contracting projects and be able to reflect on your own experiences working on stewardship contracting projects.

Topics we will discuss include:

How non-agency stakeholders have engaged in stewardship contracting projects,
Whether collaboration on stewardship contracting projects changes the way the Federal agencies and external groups interact,
Differences between projects with established collaborative groups and those that do not have established collaborative groups, and
How the scope and scale of stewardship contracting projects is affected by involvement of non-agency groups.

How to join the meeting
A brief registration is required. To register now click here.

Case Studies Overview
We are offering two webinars, each with a regional focus. The first webinar at 11am EST will cover the six stewardship contracting projects studied in the Eastern US; the second webinar at 12:30pm EST will cover the nine projects studied in the Western US. You may register for either or both sessions. Themes cutting across stewardship contracting projects nationwide will be addressed in both regional meetings.

For background on Programmatic Monitoring of Stewardship Contracting:
http://www.pinchot.org/gp/Stewardship_Contracting

This meeting is hosted by the Pinchot Institute for Conservation, Michigan State University, the Watershed Research and Training Center, the USDA Forest Service, and the Bureau of Land Management.

Hermosa Creek- Model Place-Based Legislation?

This is from the Denver Post editorial board:

There is no small amount of satisfaction to be had in last month’s federal approval of a locally crafted protection measure for the lovely area of Southwest Colorado known as Hermosa Creek.

We feel the need to pinch ourselves in disbelief that Congress could have found a way to approve something so constructive, with bipartisan support.

The best part about the Hermosa Creek protection act was that it was the product of robust local participation and debate.

Mountain bikers, conservationists, anglers, business owners, grazing permit holders and others hashed out a detailed plan that required some compromise, but was predicated on common goals.

Bravo.

The plan was like a custom-tailored suit that should serve as a template for other communities around the nation looking to preserve and protect special areas.

It was heartening from a national standpoint as well. In recent years, Congress has gotten so polarized that it has had difficulty coming to agreement on any land protection bills. Just about the only way to address such matters was to look to the president to use his powers under the Antiquities Act to declare national monuments.

And as beneficial as that process can be, a consensus-driven effort with local support is far better.

That’s what Colorado got with the Hermosa measure, which protects more than 100,000 acres of the creek’s watershed in the San Juan National Forest, just north of Durango.

The bill designates more than 70,000 acres as a special management area, which maintains historic uses such as mountain biking and grazing.

Another 38,000 acres will be set aside as wilderness and managed in accordance with the Wilderness Act of 1964. Hunting and fishing are allowed, but roads and mineral development are not.

The attention to detail that went into this plan, its respect for various uses and the ability to compromise displayed by those who crafted the measure are admirable and should be emulated.

Maybe someone could investigate how the bill handles NEPA for grazing?

New Congress, New Ideas (This Time I Really Mean It!)

In yesterday’s post I asked:

New Congress, new ideas.. we could take this project and ask the question, how could we do better with justice for all and still follow the existing laws? Ideas? When I retired, the solution to this was “collaboration”- folks have been doing this, and spending a great deal of time and energy… but the same result seems to be occurring (in some cases). It is certainly not the solution that some believed.

Now we have some very experienced and smart people on this blog, plus many of the people who like to talk about these kinds of things over a beer or two. Now I realize that there are folks out there like Guy who think things are fine the way they are and “if the FS would only follow the law, there wouldn’t need to be litigation.” I know others may not agree with that framing. So those of you who think the current situation is sub-optimal, please put on your thinking caps and propose some ideas for solutions.. and I’d like to go with ones that keep the land in federal ownership, because the end result would be something we could try to sell to Congress. NePA nerds of all stripes are requested to chime in..

Thanks to all!

New Congress New Ideas… Example AWR and the East Reservoir Project

It would be interesting if courts required documentation of mediation efforts prior to this kind of litigation…like I have said before, it would be interesting to know in advance, in public, transparently, what changes in design would be asked for by the plaintiffs. That would be one way of trying to get more justice in the resolution of these disputes. IMHO. Wonder if Congress could require that? I wonder if there are similar approaches in other legal worlds (besides divorce, and the BLM IBLA we have discussed previously here).

New Congress, new ideas.. we could take this project and ask the question, how could we do better with justice for all and still follow the existing laws? Ideas? When I retired, the solution to this was “collaboration”- folks have been doing this, and spending a great deal of time and energy… but the same result seems to be occurring (in some cases). It is certainly not the solution that some believed.

Here is an op-ed from the Missoulian..

Loggers, conservationists stand by Kootenai timber sale
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January 13, 2015 6:15 am • ROBYN KING, PAUL MCKENZIE, TIM DOUGHERTY, ED LEVERT and AMY ROBINSON

America is a nation of laws. But that does not mean the courtroom is necessarily the best place to resolve problems.

Sometimes, the best place to settle differences is out in the fresh air, in the scent of pines and the sound of the breeze overhead.

The people of northwestern Montana are no strangers to legal battles, especially over our national forests. But as conservationists, loggers, mill workers, community members and sportsmen, we’re proud of the work we’ve done to resolve differences and move the Kootenai National Forest ahead.

That is why we are so disappointed that the Alliance for the Wild Rockies has formally threatened to sue over a substantial, but carefully crafted logging and forest-restoration project near Lake Koocanusa.

As neighbors, we’ve put four years of hard work into helping plan the project. It’s hard to imagine a better result coming from the delays, frustrations and expense that go hand-in-hand with litigation.

Last Thanksgiving, the Kootenai National Forest approved a large project on the east side of Lake Koocanusa. The East Reservoir project involves logging about 39 million board feet of timber. While that is modest compared to the logging heyday of the 1980s, it is substantial by today’s standards.

This forest management project covers an area of nearly 90,000 acres, with only 8,800 of those acres actually receiving a timber harvest treatment. The project will be spread out over five or six individual contracts, each of a three- to five-year term. Of the 39 million board feet to be harvested, roughly 24 million will be sawlog volume and the balance non-sawlog to support local small log markets.

But what really is remarkable is the breadth of people who support the project. In fact, it earned the endorsement of the Kootenai Forest Stakeholders Coalition.

Our coalition includes not only timber and economic development groups, but also a slate of local and regional conservation groups. Together, we’ve identified opportunities for timber harvest, identified prime habitats that are better off left alone and seized opportunities to repair old scars on the land to improve water quality.

We are confident that the effort will withstand legal challenge. After all, the Kootenai National Forest currently has more than 150 million board feet of timber under contract with sawmills. Those sales are in the clear and ready to go, largely because the Forest Service, conservationists and timber interests have been willing to sit down together, walk the woods, and come up with reasonable and legal forest management projects.

For those of us who live here, and for the land itself, it’s a far cry better than the old timber wars.

There is a quiet success story going on in western Montana national forests. Collaborative efforts to help the Forest Service be more successful are working. They are providing real results on the ground, both in terms of timber harvested and in terms of improving habitats and streams.

On the Kootenai National Forest alone, the Kootenai Forest Stakeholders Coalition has helped bring about more than 10 forest management projects that include both logging and conservation goals. These average about 6 million board feet of timber apiece. More of these projects are taking place in the Lolo National Forest, because of similar collaborative processes.

This success story often occurs below public radar because the news media are naturally more interested in a conflict than collaboration. The media, by and large, has moved on to other “hot button” issues. That means it’s up to us to make sure people know these success stories are happening.

We have invited the staff at Alliance for the Wild Rockies to visit the slopes above Lake Koocanusa and talk over their concerns about the project. So far, their leader has declined those invitations, but the invitation still stands.

Lincoln County is rugged and remote, but even in northwestern Montana, times change. It’s up to all of us to accept those changes and work together to keep our national forests healthy and productive.

The tired old tactics and the obsolete battle lines of the past simply no longer make sense. Our national forests belong to all of us and the best way to ensure their future is to work together.

This opinion from the Kootenai Forest Stakeholders Coalition board of directors is signed by executive board members Robyn King, executive director of the Yaak Valley Forest Council; Paul McKenzie of Stolze Land and Lumber; Tim Dougherty of the Idaho Forest Group; Ed Levert, a Lincoln County forester; and Amy Robinson of the Montana Wilderness Association.

AWR Plans to File Lawsuit over Montana Timber Sale

From the Western News here:

A potential legal challenge could result in the delay or termination of timber sales in the Kootenai National Forest that were scheduled to begin this winter as part of the East Reservoir Project.

Attorney Timothy Bechtold, representing the Alliance for The Wild Rockies, sent a notice of intent to file suit on Dec. 2, 2014, to the U.S. Forest Service, U.S. Fish and Wildlife and their parent agencies. The notice alleges the record of decision signed on Oct. 27, 2014 fails to adequately address the protection of bull trout, white sturgeon, Canada lynx and grizzly bear species native to the impacted area.

The East Reservoir Project, approximately 15 miles east of Libby, will contribute approximately 39 million board feet of timber products to the economy, according to the final record of decision issued by the Forest Service. Of that amount, Forest Supervisor Chris Savage said about 6.5 million board feet would be available in sale packages as early as this winter.

Lincoln County Commissioner Greg Larson was dismayed by the news of a possible delay in the timber sale.

“We need a sustainable and predictable source of timber in Lincoln County,” Larson said. “The lack of a predictable timber supply prevents companies from wanting to invest the millions of dollars needed to build a mill here.”

Larson said the county commissioners have been working hard to improve timber management in the area, the work that has been done in cooperation with the Forest Service and other stakeholders to ensure proper management of forest resources from both an environmental and economic standpoint. Suits such as this, Larson said, “are detrimental to those efforts.”

4FRI Update.. Compost

Thanks to Craig Rawlings of the Forest Business Network..here’s the link.

The Oman-based Good Earth this week announced a partnership with Flagstaff-based Roots Composting to combine household waste from Williams with mountains of sawdust and wood chips from thinning projects to produce rich, organic soil suitable for gardens and farmland throughout the region.

The partnership to produce rich, organic, bagged topsoil could provide a way to get the thinning effort jump-started, given the huge quantities of brush and small trees that dominate the approved thinning projects in the Flagstaff area ready to cut.

The more comprehensive effort that includes larger trees and other products will mostly await construction of new mills in Williams and elsewhere capable of producing biofuel, furniture, oriented strandboard and other products from the small trees that pose a huge fire danger to the whole region.

Roots Composting Chief Executive Officer Kevin Ordean said, “We want to change the way that people think about waste and we want to produce as much high-quality soil as we possibly can for a region that needs it desperately.”

Good Earth Power Spoils Division Director Martin Gillard said, “This partnership will redefine the role that biomass plays in assuring forest health and in improving environmental quality throughout the region.”

The soils project would end up reducing the emission of planet-warming, greenhouse gases, added Gillard.

Currently, many organic household wastes go to landfills, where they decompose and produce large amounts of methane. This gas traps heat in the atmosphere 21 times more efficiently than carbon dioxide.

However, the soil-making operation will combine biomass from thinning projects with the household waste, add oxygen and therefore greatly reduce the production of methane as the material decomposes. The mix will essentially ferment for three to four months before workers bag it at the Williams facility.

“We are hoping to have products ready for the spring markets,” said Gillard.

Good Earth Chief Executive Officer Jason Rosamond said, “Using the outputs of forest restoration to benefit soil and air quality provide alternative energy sources and create sustainable economic growth.”

The announcement comes on the heels of a previous Good Earth press release announcing plans to build a mill in Williams that can handle the small trees that not only fuel intense, ground-sterilizing wildfires, but provide a fuel ladder for fires to climb up into the tops of the remaining old-growth trees.

The Battle for the Soul of Conservation Science

Dave Skinner ran across this article in Issues of Science and Technology and thought it was worthy of discussion.. I wholly agree.. thanks Dave!

Back in the day as I was getting my Ph.D., there wasn’t “conservation science” and “regular science”, there was just “science.” I believe that through generations of humans and pre-humans, folks have a good general instinct for figuring out who is telling the truth. I think it was Carolyn Daly who said “why do scientists always tell us (rural communities) what we can’t do, and never what we can do?”

Kareiva is neither pessimistic nor sunny about the state of the world. To him, it just is what it is. He doesn’t downplay threats to biodiversity, but he is tired of the unceasing gloom-and-doom narrative that environmentalism has advanced for the past quarter century.

He also believes that the eco-apocalyptic mindset has infected the field of conservation biology with an unhealthy bias. Sometimes, he says, science paints a different picture than that which conservation biologists want the public to see. “I have been an editor of major journals for thirty years, handling papers on migratory bird declines, salmon, marine fisheries, extinction crises, and so on,” he told me. “An article that confirms doom is never critiqued. Any article that reports things are not so bad gets hammered. It is very discouraging to me.”

He recalls one particular episode regarding a paper published twenty years ago in the journal Ecology. Its finding contradicted widely held assumptions that neotropical warblers were declining. “It was reviewed unprofessionally and viciously because folks worried it would undermine efforts to reduce tropical deforestation. I have seen this over and over again.” The conservation community, he says, “is plagued with an astonishing confirmation bias that does not allow questioning of anything.”

The field’s premier journal, Conservation Biology, was rocked in 2012 by similar charges of politicized interference when its editor was fired after she had tried “removing advocacy statements from research papers,” as an article in Science reported.

It was around this time that Kareiva and some of his colleagues began calling for new approaches to conservation. In an essay published in BioScience, he and Michelle Marvier, an ecologist at Santa Clara University, wrote: “Forward-looking conservation protects natural habitats where people live and extract resources and works with corporations to find mixes of economic and conservation activities that blend development with a concern for nature.”

Leading figures in the ecological community were aghast. The essay explicitly challenged Soulé’s founding precepts for conservation biology, which established the field as a distinctly nature-centric enterprise. It was not intended to accommodate human needs or corporate interests. In a rebuttal published in Conservation Biology, Soulé characterized Kareiva and Marvier’s view as “a radical departure from conservation.” We humans, he wrote, “already control more than our fair share of earth’s resources . . . . [T]he new conservation, if implemented, would hasten ecological collapse globally, eradicating thousands of kinds of plants and animals.”

Kareiva is a lightning rod for criticism because of his high profile position at The Nature Conservancy, which is the largest and richest environmental organization in the world. He is also outspoken. In one public talk, he marveled at nature’s ability to rebound from industrial disasters, such as oil spills. He wasn’t condoning such actions; he just thinks that in some cases his peers conveniently overlook an ecosystem’s resilience because it contradicts the fragile nature narrative that has shaped environmental discourse and politics. Additionally, Kareiva has come to believe it is better to work with industry than against it—so as to influence its practices. (This is what TNC has done of late, in partnering with Dow Chemical and other companies on environmental restoration projects). “Conservation is not going to succeed until we make business our friend,” he has said.

The more Kareiva talks like this, the angrier he makes some of his esteemed peers. They have already been on the warpath. In 2013, Soulé, along with Harvard biologist E.O. Wilson and others, sent a letter to TNC President Mark Tercek, complaining about Kareiva. They slammed his views as “wrongheaded, counterproductive, and ethically dubious.”

(Sharon’s side note.. if I wanted an ethicist I would not ask a bio Ph.D. To me academics have to pick a lane.. if their expertise is in a particular field, I think they should either stick to that field or qualify their observations with “I’m not an expert on this, but..”.. and it makes me LOL when academics claim that they are up for open discussion, advancing thinking and ideas.. until someone actually disagrees with them..)

The onslaught has not let up. Last year, an article in the journal Biological Conservation by Duke University ecologist Stuart Pimm likened Kareiva to a prostitute doing the bidding of industry.

The recent commentary in Nature, with its 200-plus signatories from the ecological community, sought to cool passions and tamp down the debate’s derogatory tone. The authors pleaded for “a unified and diverse conservation ethic,” one that accepts all philosophies justifying nature protection, including those based on moral, aesthetic, and economic considerations. They asked for ecologists to look back to the historic roots of conservation for guidance.

The roots of biodiversity protection

In the early 1900s, when President Theodore Roosevelt was establishing national parks and wildlife refuges, ecology had not yet become a formalized science. People viewed the natural world from a largely aesthetic or utilitarian perspective.

John Muir, the Sierra Club founder who famously went camping with Roosevelt in California’s Yosemite National Park, worshipped nature. It was his church. “The clearest way into the Universe is through a forest wilderness,” he wrote in his journals. Roosevelt, an avid outdoorsman, venerated nature, too. But he also viewed it as a valuable “natural resource”—trees for timber, rivers for fishing, wildlife for hunting.

These two worldviews—valuing nature for itself and for human purposes—have long framed dual approaches to conservation.

By the 1930s, the chasm between the intrinsic and utilitarian perspectives was bridged by the forester Aldo Leopold. He advanced a more holistic perspective of the natural world, and believed that anyone who valued nature, irrespective of motive, should hold an ethic that “reflects an ecological conscience.” This was morally inscribed in his famous “land ethic,” which, for many, became a guiding maxim: “A thing is right when it tends to preserve the integrity, stability, and beauty of the biotic community. It is wrong when it tends otherwise.”

Two parallel developments at this time—one in the emerging science of ecology and the other in the U.S. wilderness preservation movement—combined with Leopold’s philosophy to shape attitudes toward nature and conservation for decades to come. Ecologists believed then that healthy ecosystems were closed, self-regulating, and in equilibrium. Disturbances, in the form of weather, fires, or migrating organisms, were not yet factored in, except when the disturbance was thought to be human-induced, in which case the prevailing belief was that the system was thrown off its normal balance.

This model of stable ecosystems that needed to be guarded against human disturbance (such logic, of course, meant that humans must exist outside nature), gave scientific impetus to the cause of wilderness preservation.

Most ecologists have since discarded the “balance of nature” paradigm. But as the environmental writer Emma Marris noted in her recent book Rambunctious Garden, “The notion of a stable, pristine wilderness as the ideal for every landscape is woven into the culture of ecology and conservation—especially in the United States.”

In a paper he is readying for publication, Kareiva writes that the balance-of-nature paradigm has been “at the core of most science-driven environmental policy for decades.” But the paradigm goes deeper than just the science. American attitudes towards nature have been strongly influenced by iconic authors, from Thoreau and Muir to Leopold and Edward Abby, the grizzled nature writer whose books celebrated the stark beauty and loneliness of Southwestern desert landscapes. Many people looking to commune with nature go in search of transcendent outdoor experiences; they venture into a human-free landscape—the wilderness—to experience what seems to be nature in its truest, purest state.

This mindset took on added ecological value when concerns about endangered species came to the fore in the 1960s and 1970s. Designated wilderness and national parks—be they forests, prairies, or wetlands—helped preserve habitat for imperiled species. The sanctuary model extended itself further when conservation biologists in the 1980s began identifying the significance of ecological processes and a wider community of plants and animals. This new strand of ecology-based conservation had one key tenet: genuine nature, the kind that contains biodiversity, is devoid of people.

These Western-style ideas of ecological conservation were exported by ecologists, environmentalists, and policymakers who pushed for the establishment of national parks and nature preserves in Africa, Asia, and Latin America. It was the wilderness model of nature protection gone global. Yet numerous studies have shown that even as more parcels of land have been set aside around the world (equaling 10 to 15 percent of the earth’s land mass) global biodiversity in the protected areas continues to decline. How could that be?

In his 2009 book, Conservation Refugees, the investigative journalist Mark Dowie, who had been covering environmental issues for decades, reported: “About half the land selected for protection by the global conservation establishment over the past century was either occupied or regularly used by indigenous peoples.” Much as the loggers of the Pacific Northwest depended on the forests for their livelihoods, so had these local inhabitants depended on the now-protected lands to forage, hunt, or graze their livestock. The people were part of the ecosystem. Removing them had consequences.

In 2013, the International Journal of Biodiversity published a meta-review of national park case studies from Africa. It found that the creation of protected areas in African countries has resulted in the killing of wildlife “by local people as a way of protesting the approach.” There are other factors that have undermined the effectiveness of national parks in the developing world for protecting biodiversity, such as regional climate change and insufficient funding for oversight. But it is the “fortress conservation” aspect that has turned many people who had been living with nature into enemies of nature. As Dowie noted in his book, “some conservationists have learned from experience that national parks and protected areas surrounded by angry, hungry people…are generally doomed to fail.”

Embracing the Anthropocene

Last spring, Kareiva emailed me an intriguing paper that had just been published in Science. Researchers had sought to quantify the decline of species diversity in 100 localized, ecological communities across the world. Globally, there was no question, as the authors were careful to point out, that biodiversity was being lost. They had thus assumed that the global trend would be mirrored at the local level. “Contrary to our expectations, we did not detect systematic [diversity] loss,” the scientists wrote. What they found, instead, was much evidence of ecological change that altered the composition of species, but not its richness or diversity.

It’s the kind of result that many conservation biologists would probably find maddening. Kareiva, though, was fascinated by the implication. “Think about it,” he said. “If you live to be 50, one out of two species you saw in your back woodlot will have been swapped out for a different species—but the number of species would not have declined.”

EAJA: Prevailing on Only 1 Out of 3 Claims can Still be Quite Rewarding

Interesting take from two attorneys:

Equal Access To Justice Act: Why Prevailing On Only 1 Out Of 3 Claims In Oregon Forestry Case Can Still Be Quite Rewarding

” In Cascadia Wildlands v. Bureau of Land Management…, after prevailing on only one of three claims, and after the district court imposed a variety of reductions, the court awarded plaintiffs approximately three-quarters of the attorneys’ fees requested and 100% of the costs.”

 

 

More Colt Summit Legal Fun

Just when you thought there was no more fun to be had with Colt Summit, our colleague Eric Anderson has written a law review article that will be published this spring in the “Crit” — an alternative law review at the U of Idaho. Basically, it’s an in depth overview of the 9th circuit’s position on cumulative effects of past actions under NEPA — and why Malloy got it wrong in the Colt Summit decision. I think it shows how obscure some of this is to others outside the NEPA courtroom, and how difficult it can be to do a legally sufficient analysis.

Here it is.

Oh, in case you’re curious about Eric Anderson, here’s a bio of sorts..

Bio: I’m a native of Tropical Montana — 16 miles west of Lolo for those old enough to remember the bumper sticker— who currently resides in Bonners Ferry ID. I am in my final semester as a concurrent JD/MS candidate at the University of Idaho. I will graduate with a certificate in Natural Resource & Environmental Law; and my M.S. is in Bioregional Planning & Community Design. Over the last 8-9 summers I’ve worked as a crew boss for a U.S. Forest Service Trail Crew. I’m a bit of NEPA nerd and when I don’t have my nose in a book or typing away on my Mac, I can usually be found playing on the side of a mountain or in a river somewhere with my beautiful wife.