The first Chief of the Forest Service with no experience working for the Forest Service gave a keynote speech at a policy summit for the all-GOP Congressional Western Caucus, a gathering of Republican members of Congress in Whitefish, Montana on August 19. I’m not sure how widely this has been reported but these excerpts are from reporting in the Missoulian., which is probably paywalled. (Indents are quotes from the Missoulian, quotes are the reported words of the Chief.)
… he left few doubts about the agency’s priorities under President Donald Trump.
“We’ve seen this happen throughout the West,” he said. “… We pulled back as an agency over time, and then what happens? The industry goes away. The jobs go away. The education declines. People become addicted to different things.”
“We’re going to manage for minerals management, we’re going to manage for active forest management, grazing management,” Schultz said. “We’re looking at recreation, how we encourage and increase access, even to the existing lands we have. I met with the recreation community, the motorized folks here just a few weeks ago.”
That’s (recent personnel actions) left the Forest Service with a 25% loss of permanent full-time staff who don’t primarily fight wildfires — 5,200 workers, Schultz confirmed in an interview outside the event. And he acknowledged that some of those losses include the types of expertise needed to plan and implement logging projects on federal forest lands.
“We did have people that had that expertise that left,” Schultz told the Missoulian. “They were close to retirement and they left, but what I’m excited about is the people that are here really want to be here, I mean there are a lot of dedicated Forest Service people.”
“In terms of the firefighting effort, we have 11,400 firefighters grade GS 9 and below that are currently on staff, which is what we’re supposed to have,” Schultz told the Whitefish audience on Tuesday. “So when you’re hearing people saying we don’t have firefighting resources, that’s not accurate.”
“There’s still going to be a footprint in Missoula, we haven’t decided exactly how that’s going to function yet,” he said. “… So it could be fire, it could be other things. We haven’t figured everything out there just yet.”
“If there is no certainty from government, industry cannot function,” he said.
It’s not clear whether the “firefighters” he referred to that are “what we are supposed to have” includes those regular employees activated for fires. I’ll only comment that the multiple uses of fish and wildlife and non-motorized recreation were NOT among the things “we’re going to manage for” (or apparently for “addictions” either). And it’s kind of laughable for this administration to talk about “certainty in government” being necessary (unless this administration plans on never leaving). Less snarkily, lack of certainty has always been an issue for federal timber supply and it would be interesting to see what they have in mind to change that. Not hard to believe they “haven’t figured everything out.”
Oh, and for employees who are “really wanting to be here,” see the new hiring questions (and trust that this Administration won’t use this as “an ideological litmus test on candidates” taking precedence over their professional skills).
1. Roadless Media Coverage Request.. I’m interested in other ENGOs who say the same kind of thing as TU in the Cowboy State Daily about Roadless.. “don’t rescind but fix.” This might only show up in local or regional coverage, but I’d like to collect it. If you notice something along these lines please email me at sharon ..forestpolicypub.com
2. Issue with Border Patrol and contract wildfire crew in Washington State. The Hotshot Wakeup has been following this. Here’s the current status (as on when I’m posting this), and a link to his podcast on the situation. (not paywalled). From his post today:
A senior USDA official provided comment on the situation and answered some of the questions I had:
They are not coordinating with CBP on any further operations.
The USDA\Forest Service in D.C. was alerted that CBP was en route to the Bear Gulch Fire per Regional Leadership.
There have been no contracts terminated by the Agency, and the Agency expressed that the crews involved were only demobed.
Top Recommendations:
● Strategic Plan: Successful USFS Reorganization must be informed by a thoughtful plan that minimizes disruption to on-the-ground projects Americans rely upon under forest management.
● Reinvest: Reinvest cost saving at the forest level by filling critical USFS staff vacancies to help fulfill the forest mission.
● Direct Hiring Authority: Provide USFS Direct Hiring Authority (DHA) to fill critical vacant positions—both pre-existing positions or those created as a result of this
proposed reorganization.
● Public/Private Partnerships: Expand USFS partnership management capacity and resources to fill any appropriate voids created through the reorganization.
● Prioritize the Recreation Economy: Ensure that plan components result in a sustainable outdoor recreation economy being further fostered as a tangible outcome of
the reorganization.
and their Reinvest (with savings)
● Restore Field Capacity – Filling recreation, engineering, and natural resource vacancies would place more staff in the field to plan, design, and maintain trails,
campgrounds, and visitor facilities that directly serve millions of users.
● Improve Responsiveness to Local Needs – With more boots on the ground, district-level offices could respond more quickly to the growing recreational demands of
adjacent communities, visitor surges, and user conflicts, strengthening local partnerships and improving overall visitor experience.
● Leverage External Partnerships – Fully staffed recreation programs are better equipped to engage with nonprofit partners (like IMBA and local trail groups) and apply
matching funds or volunteer labor effectively. This leverages the value of federal investments well beyond a 1:1 ratio.
● Deliver Economic Returns – Because outdoor recreation drives billions in gateway community economies, reinvesting savings locally has a multiplier effect: healthier
recreation infrastructure boosts tourism, small business vitality, and local tax revenues.
● Rebalance Agency Mission – As fire management is restructured, reinvestment into recreation ensures that the USFS sustains its relevance to the American public and
continues delivering broad benefits in health, wellness, and access to public lands.
4. LA Times Changes Tune? There is an ongoing “vibe shift” in many areas at this point in time by wildfire reporter Noah Haggerty.
Muir sold the president on a uniquely American myth of the wilderness — that if we work hard enough to isolate our beautiful public lands from our influence, we can preserve a landscape essentially “untouched” by man.
According to virtually all of the ecologists, fire scientists and Indigenous fire practitioners I have spoken with over the last year, this myth created our growing wildfire crisis in California.
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Whereas prescribed burns typically follow a discrete cycle of plan, execute and move on, cultural burning is a much more subtle and dynamic practice — a “continuous relationship,” as Lucas Thomas put it.
But many old-school environmentalists still find the concept of “active stewardship” uncomfortable. It requires intentionally starting fires — a hard selling point for those who have seen what fire can do to communities across California.
Further, the idea of pristine wilderness is so pervasive that many of the champions of active stewardship I’ve spoken with still, in some sense, buy into it. For them, the intent of actively managing the land is to simply undo the damage the last few hundred years have done: Once we restore the land, we can then truly coexist as friendly but detached neighbors.
“It’s something that I hear a lot from my students at Cal Poly, too: We’re just trying to ‘fix’ the environment that we’re in right now to get it back to a place pre-colonization,” Lucas Thomas said. “That’s what we hold up to be the utmost goal in a lot of environmental conservation circles.” But in reality, “there’s no static state in the environment.”
Does this remind anyone of Dan Botkin’s statements over the last 20 years or so?
As I will reveal, actions, policies, laws, and international agreements continue to be developed and enforced based on one or more of the twenty-five myths I will discuss in this book. In the past, when I have pointed out that the practices conform to a specific myth, my colleagues claim they never believed it—that it’s so out-of-date, it isn’t even worth discussing. This is so they can ignore the criticism and tell everybody else to do the same. Then, when nobody is looking, they continue to formulate their policies that are based on the myth, while others continue basic research that assumes and supports the myth. It is against this contradiction between claim and action that I write, hoping independent thinkers will see through the veil placed between claims and actions.”
Someday scholars will unravel all this and why so many were attached to this myth for so long. Anyway for those interested, our posts and comments on The Virtual Book Club that discussed Dan’s book The Moon and the Nautilus Shell are still available online.
Note what now-Senator Hickenlooper has to say about the Colorado Rule…
So there’s an NOI for a proposed rescission of the rule.. As a person who was heavily involved in Colorado Roadless and is still around to write about it, I plan to follow it throughout the process. Please tell your friends to be wary of news stories like this..(perhaps written by AI?)/.
The Trump administration on Monday overturned the “roadless rule” that protected 30% of National Forest land from development for nearly 25 years. This decision dismantles a key aspect of open space protections in Colorado and nationwide.
As we all know there will be many comment periods before a final rule, and likely much litigation afterward.
I think it’s likely that folks can just trot out the same comments they had for the State Petitions Rule, and the Colorado, Idaho and Alaska Roadless Rules.. I can almost repeat them from memory but here’s an example. There will be many, many form letters along the lines of “don’t destroy national treasures” that were submitted via a click. One of the grandest things I think the Admin could do is to have a better search capability on the comments on Regulations.gov so that readers can avoid form letters. Remember, even Chris Wood, one of the key individuals involved in the 2001 Rule, said “the 2001 Rule wasn’t written on stone tablets.”
And that long-ago view is echoed today by others at TU, according to this Cowboy State Daily article.
Arguing For Reform, Not Removal
O’Dea and Corey Fisher, public land policy director for Trout Unlimited, said that just erasing the roadless rule would be going too far.
Instead, they said their groups and other outdoors organizations would favor talks between stakeholders at the local level aimed at possibly reforming the Roadless Rule.
“We’re not coming at it from the perspective that the Roadless Rule is perfect and everything on the forests are the same as in 2001,” Fisher told Cowboy State Daily.
“We want a collaborative, stakeholder-driven process. So that we can look at reforming the rule, rather than just rescinding it,” O’Dea said.
(O’Dea is with Backcountry Hunters and Anglers ). OTOH there might be tension between that position and what appears to be the national position.
The USDA Forest Service is publishing a notice seeking public comment on its intention to develop an environmental impact statement for the proposed rescission of the rule. The notice details the reasons for rescinding the rule, the potential effects on people and resources, and how national forests and grasslands are managed. The USDA Forest Service will publish the notice in the Federal Register on Friday, August 29, 2025.
The USDA Forest Service is publishing a notice seeking public comment on its intention to develop an environmental impact statement for the proposed rescission of the rule. The notice details the reasons for rescinding the rule, the potential effects on people and resources, and how national forests and grasslands are managed. The USDA Forest Service will publish the notice in the Federal Register on Friday, August 29, 2025.
“For nearly 25 years, the Roadless Rule has frustrated land managers and served as a barrier to action – prohibiting road construction, which has limited wildfire suppression and active forest management,” said Forest Service Chief Tom Schultz. “The forests we know today are not the same as the forests of 2001. They are dangerously overstocked and increasingly threatened by drought, mortality, insect-borne disease, and wildfire. It’s time to return land management decisions where they belong – with local Forest Service experts who best understand their forests and communities. We encourage participation in the upcoming public process. Your input will help to build a stronger, safer future for our forests and the communities that depend on these forests for jobs, recreation, and clean water.”
While the rescission would apply to roadless areas in Alaska, state-specific rules for Colorado and Idaho, which were part of the Administrative Procedure Act petitions, would not be affected by the proposal. In total, the 2025 rescission would apply to nearly 45 million acres of the nearly 60 million acres of inventoried roadless areas within the National Forest System.
If you’ll recall, Wyoming has a unique and interesting history with the 2001 Rule, including Judge Brimmer’s injunction (this led to various projects going forward that later became “gap leases.”). You can get an idea of the “on and off-ness” during this period with the excellent Earthjustice timeline here. It is exhausting to read, let alone live through, but I don’t think you can really get a grasp of the whole without understanding some of the history. If you go back, we had a pre-TSW field trip to the federal appeals court. This was while I was still working, which in retrospect was not in the interest of my continuing employment with the FS. Then there was the campground road project to reduce damage to the stream in the Bighorns that one part of the Obama Admin approved for ARRA funding and another part wanted to hold up because it was in an IRA.
A little less than two weeks before Rollins’ pronouncement, Bighorn National Forest Supervisor Andrew Johnson told attendees at a forest steering committee meeting that he planned to seek a technical correction to the forest’s roadless boundaries from Forest Service Chief Tom Schultz.
Johnson said that roughly 50% of the forest’s suitable timber base is located in areas designated as roadless.
“If you look at the footprint of fuels treatments and timber sales and forest health work that we did, for example, in the Buffalo Municipal Watershed, we left a lot of what I would call residual risk on the table,” Johnson said at the June 15 meeting. “There were stands that were roaded stands or accessible stands, but were within inventoried roadless that didn’t fit in one of the existing exceptions to the rule, so we were unable to treat them.”
It’s unclear as of press time how the roadless rule rescission could impact Johnson’s petition. Bighorn National Forest officials did not respond to questions by press time Tuesday.
The corrections would reflect recommendations of the Bighorn Forest Roadless Collaborative, which formed in 2016 to determine how much of the forest would be included in the roadless inventory.
The 2001 rule was not formally enacted after the change in presidential administrations, and it wasn’t accounted for when the local Forest Service office revised its management plan in 2005.
It’s time for a Faulkner quote, you can imagine which one..
“The past is never dead. It’s not even past. All of us labor in webs spun long before we were born, webs of heredity and environment, of desire and consequence, of history and eternity.”
The 2001 Rule wasn’t even the beginning.. there was RARE II and so on. I only came into it in the 1995 RPA Program. As I recall, we presented the idea of “staying out of roadless areas” to the Chief and Staff group, and one person said “what about Alaska?” and the discussion was ended.
“Even when it’s good it must really be bad” department… This was an interesting piece by the Colorado Sun.. sure we’re exempt here in Colorado and that would be a good thing, but we don’t trust the Trump Admin to mean it.
“Even if that’s what the Trump administration is saying, that doesn’t mean that’s what they’ll do. They’re not necessarily known for being straight, transparent or sticking to their word,” said Joshua Hicks, director of conservation campaigns for The Wilderness Society and based out of Lakewood.
It’s almost as if there is a partisan element here.. who is the President of TWS again? And TWS wasn’t a fan of Colorado Roadless at the time.. as their rep on the State Task Force said at the time “I’ll work with you to get the best we can, but the national organization will never support it.” I wonder whether some cracks between local and national viewpoints will be a feature of this new Roadless effort as well.
We’ve been looking at different actors in the energy space. A very important set of actors are scientists. They’re everywhere, modeling the future, looking at economics, labor and supply chains. But since there are so many sciences involved in one technology in one place, let alone with trade-offs among different technologies in different places, it’s hard to say what particular kind of research and which scientists, in which discipline, should be given more weight. Some climate scientists feel that decarbonizing is the most important thing; people who study species tend to think species are the most important thing. They are all entitled to their beliefs and it’s hard to argue that the “best available science” leads in one policy direction.
Because there are different species, in different places, with different uncertainties about how infrastructure will affect them. But back to intentions, I’m sure that every scientist has good intentions.. they just disagree about what’s possible, likely and important. Again, to quote Sowell “there are no solutions, only trade-offs” and the role of scientists of different ilks is to lay out what the trade-offs are.. within their own discipline.
It’s kind of fun to look afar at East Coast offshore wind and see how Michael Shellenberger talks about this. Shellenberger is very unpopular in different circles, I understand. I have no opinion on the rightness or wrongness of his writing, but I would guess there really is a whistleblower who is really telling him his or her opinions. I think it will sound very, very familiar. I am posting a long group of excerpts as I am not sure his post is paywalled or not.
But now, a scientific report, which reflects the official position of the National Oceanic and Atmospheric Administration (NOAA), reveals that the approval of the Empire Wind project off New York and New Jersey violated this law.
I think the ROD actually is the “official position” and was signed by NMFS, BOEM and ACE. And as we know, making the claim that a decision “violated NEPA’ is fairly easy to make. The ROD appears to be 201 pages (!). But apparently there was also some kind of report by folks at NMFS.
“The Empire Wind NEPA process was flawed in several respects,” it concludes, “resulting in a lack of rigor in analysis and limited information for decision makers to consider.”
The scientist who authored the report works for the U.S. government’s National Marine Fisheries Service (NMFS), which is also known as NOAA Fisheries. It is part of the Department of Commerce, and which serves in an advisory capacity to the Department of the Interior on marine issues, including offshore wind development. The person spoke exclusively to Public.
The report cited “incomplete data,” “lack of spatial planning,” and the introduction of new data too late in the process to review. “These deficiencies limited the ability to avoid and minimize conflicts between development and marine resources at both stages…. Mitigation measures were limited or not adopted despite reasonable options being available to address habitat destruction and alteration.”
NMFS scientists had previously raised similar objections to the Revolution Wind and South Fork Wind projects.
These areas are no ordinary patches of ocean, stress scientists. They are spawning grounds, migratory corridors and crucial feeding habitats for marine life, including the North Atlantic right whale, which is teetering on the brink of extinction.
***********
NMFS raised similar concerns about South Fork Wind and Revolution Wind, both sited directly on top of Coxes Ledge, another ecologically rich seafloor ridge in southern New England. Like Cholera Bank, Coxes Ledge is an essential spawning ground and habitat, yet BOEM approved both projects despite repeated warnings from NMFS scientists.
“The pattern is unmistakable,” said Linowes. “Fragile habitats identified, risks spelled out, recommendations made—and then ignored. Taken together, Empire Wind, South Fork, and Revolution Wind reveal a broader failure in the permitting system.”
BOEM and Empire Wind developers ignored multiple red flags, the NMFS report on the project shows. They did not consider the impact of “turbine blade failures that occurred in July 2024 in Vineyard Wind 1 and a persistent 2024 fish kill associated with Coastal Virginia Offshore Wind,” noted the report. These events reflected possible outcomes that should have informed the review process.
It looks to me as if the FEIS was finalized in 2023, so that explains why it might not have covered things that happened in 2024.
The NMFS scientist described a difficult work environment, one where scientists were trying to save a whale species on the brink of extinction, but experienced heavy pressure from Biden administration officials to approve projects.
“We’re developing one for the largest offshore wind energy areas on earth in one of the last known winter foraging habitats for endangered North Atlantic right whales,” the NMFS scientist said. “There could be large-scale oceanic effects that could alter right whale feeding.”
The scientist gave input to a 2022 letter sent by a top National Oceanic and Atmospheric Administration (NOAA) scientist, the “Chief of Protected Species,” which warned that wind energy could make the North Atlantic right whale extinct. “Disturbance to right whale foraging,” said the NOAA scientist, Sean A. Hayes, “could have population-level effects on an already endangered and stressed species.”
After Hayes sent the letter, Biden administration officials confronted the scientists involved. “Why did you send that letter?” one of the political appointees asked.
“It was a stressful period of time,” said the NMFS scientist. “We needed to be careful of how we communicated because [we were told], ‘These projects were going forward and there’s not much more to say.’”
The Biden appointees worked to ram through the wind energy projects quickly. “The administration went hard and aggressive with goals so large that even the offshore wind energy industry didn’t feel like they could meet them. Timelines were short. Every major sea basin has planning efforts, even the Hawaiian Islands. It was constant. By January of this year, there were 14 offshore wind energy projects with construction operation plans that had been completed.”
I should note that the same kind of pressure to approve and speed up was felt by some BLM folks with regard to projects in the West, according to reports I received.
The leaked NMFS report warns that the Empire Wind project could disrupt the Mid-Atlantic’s “Cold Pool,” a band of nutrient-rich water that provides food to marine life. “Alterations to wind fields and the ocean–atmosphere interface,” said the report, “have the potential to modify both atmospheric and hydrodynamic patterns, potentially on large spatial scales up to dozens of miles from the offshore wind facility.”
NMFS urged BOEM to require detailed monitoring of Empire Wind’s effects, including how turbine wake turbulence might alter ocean structure over time. Those recommendations were ignored. Without such tracking of offshore wind, regulators and communities are left in the dark about how this massive build could reshape one of the Mid-Atlantic’s most important ocean features, creating a cascading effect throughout the ecosystem.
How did the government appointees justify giving environmental permits to the wind companies?
“There’s a dogma that if it’s renewable, it’s unicorns and rainbows and there’s no impacts and we’re saving the world,” said the person. “And we as scientists just don’t buy into that. Like, where’s the evidence? You’re harvesting energy — wind energy — from an ecosystem. That can alter the oceanographic conditions and change [ecosystem] productivity at large scales. In Europe, they were seeing wind wake effects, not just right next to the turbine, but 40, 60, 80 kilometers away.”
But back to the question of intention.. was the push for speed about palm-greasing, or about good intentions about climate change or some mix? Or more importantly, perhaps, does it matter? Even if you think that climate is super-important, at what point do you prefer some technologies over others and on what basis?
While I was looking for photos, I found this by CBS news. in a story about how the Empire Wind is back on track after a stop-work order.
There are no known links between large whale deaths and ongoing offshore wind activities, according to the National Oceanic and Atmospheric Administration. While wind turbines can pose a risk to birds, wildlife conservation organizations say they support the responsible development of offshore wind because climate change is a bigger threat.
I think linkages are sometimes hard to prove, at the same time, they are used in some cases and not others. When are we precautionary, and when are we “what the heck, let’s go for it!” As to those “wildlife organizations,” they support “responsible” development.. which again, leaves a great deal open. Did they support this project? One or more names would be handy.
If you want more info on each New England offshore project and the status, here’s a good article. For each wind project it shows the current status, litigation and impacts under the current Admin.
1) My post yesterday led to a massive misunderstanding.. especially with my friends at Basin and Range Watch. So I want to clear it up. My specific point was that a) we don’t know what peoples’ motivations are, 2) what I didn’t say is that sometimes we don’t know what our own motivations are, so 3) ascribing them negative intentions is something that is thought not to helpful in Wisdom and psychological literature. The only thing I’m adding to all of this is “I don’t think it’s helpful in policy either.” Perhaps that wasn’t clear, or I didn’t make my case well enough. It seems like a sideshow that leads to not listening to those who disagree, when we have really important disagreements to work through. When listening builds bonds that can carry us through whatever challenges life presents our society, whether climate and energy, or something else.
2) To that end, I thought I had made the case that “NIMBY” is not a helpful word. That people affected by changes that will make their life worse, in the name of someone else’s idea of a greater good, have a legitimate reason to ask “does it have to be? does it have to be here?.” Whether it’s an oil and gas operation, a wind farm, a concrete plant or a Buc-ees (my least satisfying volunteer opportunity ever was as a member of the El Paso County planning commission). So I was arguing that we should put that derogatory term out to pasture.
3) Sadly, some Basin and Range Watch folks thought I said that they were NIMBYs. First of all, I explicitly (or so I thought) had said I didn’t want anyone to use the term. Second, I had put them and CBD in the “consistent regional or national” category, not the “local” category. Maybe these categories aren’t separate. Maybe if we went back to Doug Bevington’s book, they would all be considered “grassroots.” Still I think that there’s a difference between, say, Save LBL and Basin and Range Watch. Save LBL is against wind projects, for example or Elbert County Environmental Alliance. These groups seem to be people who have coalesced against specific projects, while CBD and Basin and Range Watch seem to be more broad in their environmental concerns.
4) A couple of people have brought up to me “but oil and gas companies have done bad things in pursuit of profits”- indeed they may have done bad things, and those should be called out. However, any corporation, whether it be oil and gas, wind, solar, the New York Times, Xcel Energy, or whatever are driven by profits. Some say that “if o&g folks had not spread disinformation, we would be further ahead in decarbonization.” But we could also say “if folks had acknowledged that the transition was not going to be easy upfront” or “if folks had listened to the Hartwell Paper when the cap’n’trade idea didn’t work out” or even “if folks had focused more on building infrastructure and less on various financial gimmicks of various kinds.” Probably time to dig up that old Eric Hoffer quote:
“Every great cause begins as a movement, becomes a business, and eventually degenerates into a racket.”
5) Again, when I said that ENGOs are not responsible for producing things, I meant physical things like energy. So “no” can be a final answer for them, whereas it can’t be a final answer for the broader society. Even for us to turn our computers on, someone has to be producing electricity and getting it through the system. We have to have something new, or something more, somewhere.
There was a comment on Doomberg this morning which might be relevant:
The electrical grid is the largest machine humanity has ever built. It’s a living, breathing system of staggering complexity—millions of components, endless streams of resources, and armies of workers, all operating in miraculous synchrony. Flip a switch, and light appears, but behind that simple act lies a choreography so intricate that no single element can be taken for granted.
This is where our modern debates go off the rails. Politicians and pundits fixate on one input—fuel—while ignoring the countless other components that must function in lockstep to deliver electricity on demand. Such tunnel vision is how we end up in today’s precarious situation: chasing shiny new energy sources without respecting the machinery that makes energy usable in the first place.
My point though, is.. here we are. Right now. Technology has changed. Demand has changed via data centers. Many of the proposed decarbonization technologies and supporting technologies and infrastructure are not ready for prime time.. the horses aren’t even at the starting gate. Inflation has changed the economics of different build-outs. National security (ability to access components, and the security of the infrastructure itself) and some folks’ concern about specific technologies that seem to need protracted subsidies are also issues. There have been efforts by communities in the US and around the world against solar and wind (and new transmission) siting. Where do we go from here? I don’t know and my point was originally that focusing on different groups’ motivations is not particularly useful in moving forward.
This map is from a 2024 Transmission planning study https://www.nrel.gov/news/feature/2024/national-transmission-planning-study
My observation is that attributing intention is something that’s fairly casually done and yet not generally a good or helpful idea. Both Wisdom literature and the discipline of psychology tend to agree. From my perspective as a pragmatist, it is not helpful to any policy dialogue, and tends to be a distraction from engaging with individuals with different perspectives. It can be dismissive of others’ views, and lead to poorer relationships and mistrust.
The first time I ran into this was the famous letter by Congressperson Grijalva to Roger Pielke, Jr. and others.. as Hayward wrote at the time:
Hayward, from Pepperdine, wrote on Power Line that he has received “no grants, honoraria, consulting fees, good karma baubles, or even Christmas cards from any fossil fuel interest, though I’d be proud and open about it if I did.” He also questioned the wisdom of judging scientists’ work based on who pays for the research.
“Is the good congressman really telling us that he is incapable of assessing factual claims and judgments about the wisdom of policy on the merits alone?” he wrote. “That doesn’t speak well of his probity.”
******** Like Attracts Like in Political and Policy World
One more thing before we get started.. I’ve noted in some cases that folks think because politicians, reporters or scientists are funded by certain groups, their outputs are not to be trusted, as they are influenced by those groups. But in my experience, the funders tend to affiliate with groups or individuals who are already sympathetic to their cause. There’s a moral judginess about “toadiness to funding” vs. “like tends to like” that again, I think, puts a moral mantle on disagreements that are best engaged directly and with mutual respect. Let’s take two hypothetical examples.
R Congressperson from Colorado.. takes contributions from O&G industry. Already supports industry for producing useful products, hiring people and paying taxes.
R Senator from Iowa.. takes contributions from wind industry. Already supports industry for producing useful products, hiring people and paying taxes.
Reporter funded by NGO . Already agrees with position of NGO and picks stories and tells them in a way that supports NGO’s worldview.
So I’m not sure anyone here is in a position to parse out “like attracts like” from “follow the money”. My point being that indeed we might expect different results from a study, say by Headwaters compared to PERC. Understanding the generalized worldview of an organization is helpful to understanding a given approach to research. I would explain that more by “if you weren’t somewhat aligned with those philosophies of those organizations, you wouldn’t work there,” rather than “the funding from X caused them to come up with X-friendly answers.”
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It seems to me that energy sources and their locations reflect Thomas Sowell’s observation that “there are no solutions, only trade-offs.” And of course, those of us with experience writing EIS’s know all about trade-offs, enumerating them and considering them. Others, maybe, not so much.
So let’s start with a group of actors who aren’t responsible for wider outcomes and their intentions.
They have terrific intentions, but are not responsible for meeting peoples’ needs. For me, “yes we need copper but we can get it elsewhere that would be better for the Apache and the environment” would be a less hyperbolic, and perhaps more helpful, discussion.
For some people, see 10 common uses for copper, things like electrical wiring, plumbing and even renewable energy systems are necessities, not “temporary creature comforts.” But you can’t argue with the intention of “saving Mother Earth from human greed.”
Consistent ENGOs
Here I would put our friends, Center for Biological Diversity, and more regional ENGO’s like Basin and Range Watch. “Not here” folks from the environmental perspective- consistently. I’ll call them the Consistent NGOs. Their motivations are also pure and clear. But they don’t have to answer the question of “if not here, then where?” And that’s OK, but someone somewhere does.
Local Centered Groups
Then there are local groups that are against specific projects. These projects could be mines, oil and gas, solar, wind, transmission, nuclear, biomass, oil refineries, uranium enrichment facilities, or even new developments. Perhaps they are more organized than those against a new concrete plant or Buc-ees, but the basic question is “do we really need it?” and “why here?”. These are all cases where the benefits accrue more broadly, but the costs are borne by people living in a given location. You will see that as an argument in some western wind and transmission.. “we get the impacts and California gets the electricity.” To me this is the ultimate challenge- to make the cases that whatever is really needed, and that it is needed specifically in that place. In some cases, county master planning helps out with that, in other cases, not so much. But that is the challenge for people who want new infrastructure of any kind.
It’s interesting to watch how what we might call “concerned locals” are portrayed by different sources. The whole concept of NIMBY’s is that some form of Greater Progress is being held up by people who disagree with a given change, say densification or even new transmission lines. We can get the impression (from some outlets) that there are Good People who don’t want oil and gas development and Bad People who are against, say, wind development. And that’s where the locals are accused of accepting oil and gas funding. Which really ticks them off, it’s fair to say. In fact, it can lead to questions like “if those sources are making stuff up about me and the people I know, why should we believe them about other things?”.
This is also true of transmission lines, which are needed to move electricity from the sources in more rural areas to the urban population. Anyway, this seems to be the first place that “motive-questioning” enters the picture.
Other ENGOS – Need for Wind and Solar Buildout plus Transmission Trumps Protection
Groups like the Sierra Club and Audubon have decided that the dangers of climate change outweigh the need to protect wild places. Audubon has studied how to make transmission lines less dangerous to birds. Their view seems to be “we need to do this to save birds, therefore let’s figure out ways to minimize disturbance.”
The Sierra Club has definitely put its finger of the scale. Their view of offshore wind does not line up with many locals.. Also they are committed to decarbonizing the grid 80% by 2030??
Offshore wind turbines provide reliable, pollution-free energy to high populations on the coast and will create jobs, help stabilize energy prices, and ensure our families breathe clean air.
A universal opposition to nuclear power is no longer tenable in the 21st century given the staggeringly difficult challenge of rapid and permanent decarbonization. Nuclear generation is carbon-free, low-impact, and much is already built. The 2018 Special Report from the IPCC even suggests that the pathways compatible with limited warming will require an increase in global nuclear power production. The premature shuttering of existing nuclear power plants stands in stark opposition to the stated carbon goals and organizational values cited by the Sierra Club. Such closures threaten to offset the climate benefits of increased renewable generation; generation that should be used to displace coal, oil, and fossil gas. Given the critical need to reduce carbon emissions, we hope our organizations can agree that fossil generation must be phased out first.
We don’t need to question their motivations.. just the practicality of their ideas. Because they are the first groups to propose a fleshed-out alternative and make the judgment call that it will be worth it environmentally, socially, and economically.
**********
So there you have it.. different groups, all with great intentions disagree. But none of these groups are responsible for delivering anything to anyone.
Next post: IV. Sidetrip to Lava Ridge and the Sierra Club
Let’s just take wind for now.. it has appeared to me for some time that citizens who don’t want wind installations have been unfairly maligned. Some have said that they are “funded by the oil industry.” But for me this is one of those things that media statements won’t ever overcome my own experience with these folks. They honestly don’t want them. They don’t like that the advantages of having them are going elsewhere (energy for cities), and don’t see why they should have to suffer for someone else’s benefit.
I understand that. I think many of the news outlets and talking heads are sympathetic (even here in Colorado, home of all sorts of energy development) to those who say, don’t want oil and gas development, or a new power plant or whatever. Then there’s calling people NIMBYs. What we seldom talk about is why some dislike for new industries is OK, and others is selfish and wrong- and of course, who decides which it is. Due to a variety of political forces, it was easy for some to say.. “those westerners who don’t want new wind installations are just backward”- sort of a “green colonialism” thing. Less explainable in this model are east coasters who don’t want offshore wind as currently regulated. Of course, offshore wind has its own financial problems, and are also corporations which could, conceivably have politicians in their pockets.
That’s why I became interested in their thoughts and approaches. Most notably I ran into Bob Stern on a CEQ public comment call as one of the people who knew something about NEPA on the call- he used to work for DOE on energy projects. Here’s a quote from their press release yesterday.
Save Long Beach Island, Inc. (Save LBI), a grass-roots organization with more than 10,000 supporters dedicated to sound energy policies and preserving our shore and ocean environment, today praised the U.S. Department of the Interior (DOI) Secretary Douglas Burgum for announcing a long overdue overhaul of the federal rules governing offshore renewable energy development on the Outer Continental Shelf (OCS).
The group, which has long raised concerns about a flawed decision-making process that has resulted in unbalanced and environmentally damaging offshore projects, welcomed the Department’s August 7 announcement as a critical step toward restoring transparency, accountability, and alignment with the Outer Continental Shelf Lands Act (OCSLA).
“This reform effort is a clear response to concerns we raised in our July 2025 petition calling for cancellation of the Atlantic Shores South and North lease areas off the coast of Long Beach Island, Brigantine, and Atlantic City,” said Dr. Bob Stern, president of Save LBI. “We thank Secretary Burgum for his leadership in reexamining a regulatory framework that has failed both communities and the environment.”
In a letter of August 11, 2025 , Stern urged the DOI to create an early opportunity for stakeholder engagement — before the draft rules are written — through mechanisms such as an Advance Notice of Proposed Rulemaking (ANPRM). This would allow community advocates, scientists, industry, and local governments to offer innovative solutions while the new regulations are still being shaped, instead of after draft regulatory language is published.
The organization highlighted several key reforms it believes must be included in the new rules:
Flip the Wind Energy Area Designation Process: Define off-limits zones for wind development upfront based on clear criteria, such as distance from shorelines, military radar, and whale migration corridors.
End Segmented Decision-Making: Require integrated project proposals linking location and project design, evaluated through a single regional environmental impact statement treating all proposals in a region as alternatives, to enable fair, transparent, legally required comparisons.
Strengthen Marine Mammal Protections: Establish rigorous, standardized methods for calculating potential harm, developed jointly with the National Oceanic and Atmospheric Administration (NOAA).
Mandate Turbine Removal: Require enforceable removal plans and financial assurances to prevent abandoned offshore structures.
“Flawed siting decisions and a dismissive approval process have fueled public outcry,” Stern concluded. “If this rulemaking is to succeed, the process must be transparent, science-based, and responsive to the communities most affected.”
Save LBI pledged to contribute policy expertise and constructive solutions throughout the reform effort.
It seems like those are ideas worth talking about for onshore as well..
Suppose off-limits zones had been defined for Lava Ridge in the first place for avoidance of the Minidoka Historic Site? Much less drama would have ensured (or just listening to elected officials.. does anyone suppose the State of Idaho was against the project due to “being funded by the oil and gas industry?”
The segmented decision-making is also of interest but goes back to “how broadly should you think about this onshore?” Certainly the Solar PEIS that BLM did was an example that seemed to work. But should energy EIS’s be statewide or regional? And how do giant transmission lines fit into that? Should they compare different potential energy sources in different mixes (for example, in some cases FERC is removing hydropower dams)?
Strengthen protections.. this could be for raptors in the onshore wind case.
Then there’s human health and distance. Which for any energy source are controversial, but mostly that seems to affect private land more than federal.
It seems like there should be one set of rules, both for oil and gas and for wind and solar with bonding for removals. Maybe one set of rules for migratory birds. We can think that and not be in the pocket of either set of corporations (and in the wind case, philanthropies).
A few weeks ago I started receiving messages about “Trump’s war on renewable energy.” I thought I’d look into it a little more. That was a few weeks ago.. yesterday, in the middle of my working on this post, the President himself posted..
OK, then. We know how the President feels.. but what is the federal nexus for approvals – except on federal land (or I guess new facilities requiring transmission across federal land)? And offshore definitely requires approval by BOEM in Interior. He also mentions “farmer destroying solar” which is definitely not all solar (parking lot solar, home solar, desert solar and so on). But that would be on private lands, conceivably, since very little federal land is farmed so at the same time when federal officials describe their druthers, we have to ask “how will this pan out in reality?”
First let’s go to Secretary Rollins, who is of interest since the FS is in USDA.
“With REAP grants covering up to 50% of project costs and tax credits accounting for another 30-40%, farms can access solar with minimal investment,” said Inigo Rengifo Melia, CEO of Concentro.
But the example in the story was a brewpub in New Hampshire, which seems like a great place to visit and indeed the solar panels are on farmland, but if there is payback like this..
And in New Hampshire, Blasty Bough Brewing Company in Epson, New Hampshire secured a REAP grant that enabled the brewery to install a 182-module, 87 kW ground-mount solar array that offsets more than 100% of their energy consumption.
The brewery’s owner estimated it saves about $23,000 a year in electricity costs. The system, which has a 25-year warranty and 40-year estimated lifespan, is offsetting 69 tons of CO2 a year, the equivalent to removing 15 gasoline-powered vehicles from the road for a year or avoiding 69,629 pounds of coal combustion. The payback period is estimated to be less than five years.
Folks might wonder whether loans might be more appropriate than grants for this kind of project. The other problem is that Rollins’ concern is that too much farmland is going out of production because commercial solar is a better deal to farmers than farming. But that doesn’t have to do with the REAP program at all. All very confusing.
So as we wade through these media reports, I thought I’d make a list of things to keep in mind. Because many reporters are not experts and can elide things that are not alike. Or resort to AI.
(1) I think we have to be careful about what President Trump himself says, and what are the efforts of various Administration actors (most notably, in this case, DOE Secretary Chris Wright, and Interior Secretary Doug Burgum, as well as Agriculture Secretary Rollins), and what Congress did in OB3 and will do in the future. I think it’s fair to say that President Trump is not a fan of wind, while others on this list might be more “all of the above.” In fact, the OB3 could be seen as also all of the above-ish.
(2) We have to be careful about mixing policies that affect federal land vs.private land.
(3) We have to be careful about generalizing from wind to “wind and solar” to to “all renewables.” Wind, especially offshore, has a variety of unique issues, including marine mammals, interference with military efforts, and even profitability.
(4) Some people and groups can be for technologies that require mining, and against domestic mining projects at the same time.
(5) Stories about not-preferred activities will always bring up whether the corporations involved are domestic or not. It seems like if we are going to talk about that, then it would partially depend on how much the country of origin is a current ally. For example, the company behind the Oak Flat controversy is foreign-owned by Australian companies. I think it’s probably best to be specific about the country when this is mentione
Let’s start with the definition of renewable energy..there is also “clean” and “green” but those seem more like marketing terms to me.
I thought that this was an interesting definition (of course, it’s Wikipedia) as solar and wind require mining as well, not to speak of batteries to store their energy also requiring mining. None of the panels, blades or battery for backup lasts forever, so some mining needs to take place through time. I guess the difference is that the fuel isn’t mined, but the replaced structures are? Or we don’t consider backup as necessary? Confusing! Plus the carbon component or lack thereof doesn’t seem to enter in to the definition. And of course bioenergy is on this list even though folks critique using wood (as we have seen, the discourse tends to mix leftovers from southern pine plantations, with using leftovers from fuel treatments, with “cutting down forests for energy.”)
From the Center for Western Priorities
Interior’s War on Renewables accelerate
Here’s what they said:
Friday, Interior Secretary Doug Burgum issued an order intended to make it more difficult to permit wind or solar projects on national public lands. Secretarial Order 3438 Managing Federal Energy Resources and Protecting the Environment suggests existing laws “give rise to the question on whether the use of Federal lands for any wind and solar projects is consistent with the law. Given these projects’ encumbrance on other land uses, as well as their disproportionate land use when reasonable project alternatives with higher capacity densities are technically and economically feasible.”
The order directs the Interior department to evaluate projects based on “capacity density,” or the ratio of a project’s energy generation potential to its footprint on the landscape, compared to “reasonable alternatives” to the proposed project. By this metric, the order asserts, “wind and solar projects are highly inefficient uses of Federal lands.” The order does not mention consideration of other impacts such as carbon emissions.
I don’t see why the footprint isn’t an important thing and shouldn’t be considered along with everything else; many of our traditional grassroots ENGOs are against these projects because of their impacts over large areas. It is also true that wind and solar require in many cases, additional transmission lines. Which use up land, cost money, need to be maintained, and can fall prey to wildfires or security issues. Many folks in the space think that the solution is to tie grids together, or develop batteries or both. But going back to the definition of “renewables,” conceivably batteries are made from non-renewable minerals as well. Do the terms “green” “clean” “renewable” “intermittent” and “firm” mean anything, or should we just refer to the specific technology, all of which have their own pluses and minuses? There’s also the fact that some technologies are not yet ready for prime time, and there’s uncertainty around that as well.
I’ve found in general that abstraction is not our friend when it comes to policy; it enables people to talk past each other more readily.
My take: this shouldn’t be a site- by- site thing, especially now when data centers are firing up new natgas and nuclear to meet their needs? The question is “given how conditions have changed because of the new demand from data centers, and the general lack of local support (we’ll look into that more in a future post), should there be a re-look at pros and cons and physical, technical and labor needs for different energy sources, including backup for intermittents and new transmission?- perhaps an energy programmatic EIS?
Friday’s secretarial order is the latest in a series of policies aimed at crippling renewable energy. July 7, President Donald Trump signed Executive Order 14315 intended to end any government incentives for renewable energy projects. The Interior department issued a number of follow-up policies in recent weeks, including a requirement Sec Burgum personally review all wind and solar project proposals, and an order directing the department to identify and consider eliminating any policies that encourage wind and solar development.
[has no idea what he is doing at all! or even cares!]
Again, the term “renewable energy” is used when they mean wind and solar. The parenthetical is from CWP, not me. When I looked at the EO14315 it looked like it was implementing the OB3, with some extra verbiage.
The Secretary of the Interior shall conduct a review of regulations, guidance, policies, and practices under the Department of the Interior’s jurisdiction to determine whether any provide preferential treatment to wind and solar facilities in comparison to dispatchable energy sources. The Secretary of the Interior shall then revise any identified regulations, guidance, policies, and practices as appropriate and consistent with applicable law to eliminate any such preferences for wind and solar facilities.
So this is not about “renewables”; it is only about solar and wind. And what do solar and wind have in common with each other, but not with other renewables? They are intermittent and if alone, require some kind of backup for times they aren’t available.
But to wade into this, we also need to define dispatchable
Dispatchable generation refers to power sources that can be controlled or adjusted to meet energy demand at any given moment. These assets’ ability to quickly respond to changes makes them crucial for maintaining grid stability, especially during peak demand.
I don’t want to be picky, but I think public policy discussions are better if all parties in the discussion know specifically what they are talking about.
What else is on the list of the War on (Some but Not Other) Renewables ? Sec. Burgum is personally reviewing all wind and solar project proposals. The “personally” is unusual, but new Admins holding up projects they don’t want by reviewing them is not particularly unusual (been there, seen that). And CWP left out the “on federal lands” part, which we know because he’s the Interior Secretary, but the AP story the CWP linked to says..
About 10% of new solar power capacity under development is on federal lands, said Sylvia Leyva Martínez, a principal analyst at the Wood Mackenzie research firm. Those projects could be delayed or canceled if Burgum does not issue permits for them, she said. Related projects such as transmission lines could be affected, too, she said.
While only about 1% of the combined capacity of pending wind projects are on federal lands, delays could affect nearby infrastructure that supports renewable projects, said Wood Mackenzie analyst Diego Espinosa.
1%?
The law retains incentives for technologies such as advanced nuclear, geothermal and hydropower through 2032.
Note: when Colorado Governor Jared Polis was Chair of WGA he led an initiative called “the heat beneath our feet” on opportunities for geothermal, which is carbon-free, has a small footprint, is dispatchable, and doesn’t involve nuclear minerals. There was an article in Forbes about it a few days agao.
Now Secretary’s Order linked by CWP above as “eliminating any policies that encourage wind and solar development” (SO 3437) is fairly interesting on its own. I don’t read it that way. I read it as “we need to look at a bunch of things to get an idea of the whole enchilada of what’s going on, and we need to review the court cases.” But maybe someone else can pick up on that. I hope that these reviews and reports will be available to the public when completed.
Sec. 5. Directives. Consistent with the aforementioned-Presidential directives and governing laws and regulations, within 60 days of the issuance of this Order, the Office of the Secretary, in co-ordination with the Deputy Secretary, the Solicitor, and each Assistant Secretary, shall submit to me the report required under section 5 of EO 14315. In doing so, the report shall be consistent with the ongoing reviews described above and:
a. Each Assistant Secretary, within 30 days of the issuance of this Order, shall do the
following:
1. Conduct a review of any regulations, guidance, policies, and practices
within their jurisdiction, including but not limited to, those related to the
following decision-making processes or components of those processes:
A. Land use and site authorizations, including but not limited to the
following:
i. Right-of-Way (ROW) authorizations.
ii. Plan of Development approvals.
iii. Land Use Plan amendments and revisions.
iv. Area of Critical Environmental Concern designations.
v. Site Testing and Monitoring authorizations.
vi. Commercial leases.
vii. ROW assignment or transfer approvals.
viii. Performance and Reclamation Bonding approvals.
B. Environmental and wildlife permits and analyses, including but not
limited to the following:
i. Environmental analyses, including environmental
assessments and environmental impact statements.
ii. Biological assessments and biological opinions, including
for marine mammals and fisheries.
iii. Incidental Take permits.
iv. Programmatic Eagle Take permits.
v. Migratory Bird Treaty Act compliance consultation.
vi. Cultural Resources consultations.
vii. Visual Resource Management analyses.
C. Processes related to Tribal and Native lands, including but not
limited to the following:
i. Leases on those lands.
ii. ROWs across those lands.
iii. Tribal environmental impact review.
iv. Tribal consultation.
D. Commercial and financial authorizations, including but not limited
to the following:
i. Rental and royalties’ determinations.
ii. Cost recovery agreements.
iii. Financial assurance/surety bonding reviews.
E. Other actions and authorizations such as the following:
i. Temporary use permits.
ii. Access road authorizations.
iii. Utility corridor concurrences.
iv. Land withdrawals.
v. Wild and Scenic Rivers Act determinations.
vi. National Trail System Impact evaluations.
vii. Effects on units of the National Landscape Conservation
System.
viii. Raptor Nest Removal permits.
ix. Co-ordination with the Department’s Office of
Environmental Policy and Compliance.
2. Consult with other agencies, as appropriate, in carrying out the review
required under section 5.a.1. of this Order.
3. Assess whether particular projects are in the public interest and consistent
with the requirement that the Department manage public lands for multiple
uses, protect environmental concerns, earnestly value public participation,
coordinate with other government entities, and make decisions in
conformance with land-use plans
Their (the Department’s) argument is that maybe the last Admin had policies that inappropriately favored solar and wind. One example.
BLM rents and capacity fees were arbitrarily reduced by roughly 80 percent below fair market value for wind and solar projects.
I don’t know that that’s true, but maybe someone knows. Inappropriate, of course, is in the eye of the beholder.
Maybe the Admin would say that they are not “eliminating any policies that encourage wind and solar development” but “leveling the playing field” or “featuring renewable and other sources that are not intermittent.” Or perhaps considering environmental impacts that may have been downplayed in the last Admin.
Next post on EnergyWatch: Do the Offshore People Have a Lesson for Onshore People?
Shout-out to getting back to me in one day.. a search by a human (student intern!) being at GAO got back to me withthis spreadsheet of previous GAO reports and other documents on the topic of wildfire. Note that you can click on the above spreadsheet screenshot to make it larger. I didn’t find GAO’s regular search to be all that helpful. Some reports may still be missing may still be missing from this list.
Might be interesting and timely for a bunch of graduate students to take a look at problems that have been dealt with vs. ones that haven’t over time. I would be willing to publish such an effort here.
Also this list includes reports, testimony and decisions.
I didn’t know that GAO got involved with protests like this, which looks like the most recent one.
Construction Helicopters, Inc., doing business as CHI Aviation (CHI), a small business of Howell, Michigan, challenges the terms of request for proposals (RFP) No. 1202SA22R9201, issued by the Department of Agriculture, Forest Service, for helicopter support services for wildland fire management. The protester contends that the terms of the RFP are defective because no offeror proposing helicopters configured from surplus military aircraft can meet the solicitation requirements. CHI also argues that the solicitation violates Federal Aviation Administration (FAA) regulations, and treats offerors proposing surplus military aircraft unequally.
New lawsuit: Idaho v. U. S. Forest Service (D. Idaho)
On July 28, the Idaho Attorney General’s Office sued the Forest Service over its denial of a public records request seeking policies and interpretations used by the Forest Service in managing wildfires and using prescribed burns. The State filed a FOIA request on February 5, and argues that its request has been “constructively denied” by failure provide the records. The Forest Service responded to the request by blaming the delay on a “large backlog” dating back to 2020.
On July 24, four Apache women filed the fourth lawsuit seeking to stop the Forest Service from conveying the Oak Flat spiritual site from the Tonto National Forest in order to develop a copper mine. The suit claims the land exchange violates the Religious Freedom Restoration Act, the plaintiffs’ First Amendment-guaranteed religious rights protections and two environmental laws. It follows the release by the Forest Service of an updated EIS for the land exchange, and two recent Supreme Court decisions that may be relevant. The article includes a link to the complaint and summarizes the history of litigation – to which we add …
On August 15, in a case filed by tribal and environmental interests (and most recently discussed here), the district court refused to stop the land exchange that will allow the Resolution Copper Mine to destroy the Oak Flat site. The complaint alleged violations of NEPA, NFMA, and appraisal and tribal consultation requirements.
Although the Record of Decision is currently a draft, and the lawsuit therefore premature under the APA, the court addressed the likelihood of prevailing on the merits. The NFMA claim involved the public notice requirements associated with the 16 forest plan amendments it belatedly decided it needed to approve the mine. The court agreed that it was a project-specific amendment subject to the requirements of 36 C.F.R. § 219.16(b), and that the change in agency position about the need for amendments was appropriately presented. The judge was skeptical of the NEPA claims.
Importantly, the court held, “Nevertheless, statute contemplates that the land exchange will occur within 60 days of, and regardless of the analysis set forth in, the FEIS,” and therefore because Congress considered all possibilities, he said “it follows that there is a public interest in allowing the land exchange to proceed on the expedited timetable Congress contemplated” despite any negative effects. This decision has been appealed to the Ninth Circuit (a prior injunction will expire on August 19). This article incudes a link to the complaint.
New lawsuit: Native Ecosystems Council v. Mulholland (D. Montana)
On July 28, Native Ecosystems Council, Alliance for the Wild Rockies, Council on Wildlife and Fish, and Yellowstone to Uintas Connection filed a lawsuit to stop the Cyclone Bill Project, a logging project on the Flathead National Forest adjacent to another project, Round Star, which they are also litigating. NEPA issues they raise focus on the cumulative effects of the two projects, particularly related to the effects of roads on grizzly bears, and the effects of logging on old-growth dependent wildlife. They also allege that logging old growth and effects on connectivity would violate the forest plan. They include a claim against the Fish and Wildlife Service for failing to consider the effects of private land management and the best available science. The complaint is here.
Court decision in Kane County, Utah v. U. S. A. (D. Utah)
On July 23, the district court resolved claims to two roads across federal lands in favor of the State of Utah. The judge noted a lengthier decision is coming that will address 15 other “bellwether” RS 2477 road claims, and that his decision on Hole-in-the-Rock and House Rock Valley roads was not indicative of how the court will rule on the remaining claims. Pending claims to state rights based on an 1866 mining law include nearly 36,000 miles of 12,000 roads in Utah. State rights-of-way may affect federal management as roadless or Wilderness areas; the Southern Utah Wilderness Alliance calls them “hoax highways.” The article includes the complaint.
New lawsuit: Southern Utah Wilderness Alliance v. U. S. Dept. of the Interior (D. Utah)
On August 7, SUWA filed a second lawsuit over plans to mine brine from under the crust of Sevier Dry Lake. After the first round, Peak Minerals modified its proposal and extended the timeline for its planned operations, and BLM approved the plan based on its NEPA review for the 2019 proposal. Plaintiffs allege that this violates several requirements of NEPA. The article includes a link to the complaint.
Court decision in Center for Biological Diversity v. U. S. Fish and Wildlife Service (D.C. Circuit)
On August 1, the circuit court, in a split decision, affirmed the district court and found that the agency had complied with the Endangered Species Act when it shifted the designation of North America’s largest carrion beetle from “endangered” to “threatened” in 2020. Originally found in most eastern states, and currently at least on the Ouachita National Forest, the species is threatened by land use changes and climate change. Following a request in 2015 from the oil and gas industry, the Fish and Wildlife Service found that the beetle had recovered parts of its historical range in eight states. The article includes a link to the opinion.
Court decision in Center for Biological Diversity v. U. S. Fish and Wildlife Service (D. Montana)
On August 5, the district court issued an order overturning a determination made by the U.S. Fish & Wildlife Service that (re)listing the gray wolf in the western United States is not warranted. The court held that the Service erred by failing to consider the entirety of the wolf’s historical range when determining whether the population is in danger of extinction “in a significant portion of its range,” as required under the ESA. The court also held that the Service erred by failing to use the best scientific and commercial data available in making its determination, in particular, questioning the state methods for estimating populations. The court also held that the Service failed to consider the inadequacy of regulatory mechanisms in Idaho and Montana, and specifically, how negative public attitudes in those states would impact regulatory mechanisms to maintain minimum wolf populations. While the denial of protection has been vacated, the wolf remains unlisted. The article includes a link to the opinion.
New lawsuit: Center for Biological Diversity v. Burgum (D. D.C.)
On August 7, plaintiffs challenged the U. S. Fish and Wildlife Service’s decision to deny Endangered Species Act protection to the Florida pinesnake. The species is found in Florida, South Carolina, Georgia and Alabama, and the snakes live in “sandy, open-canopied pine upland ecosystems” of the region’s coastal plain. They are threatened by logging and suppression of natural fire cycles, along with urbanization and highway vehicles. The article includes a link to the complaint.
On August 12, a Texas federal district judge granted the Fish and Wildlife Service’s request to vacate the 2022 rule listing two populations of lesser prairie chickens. One population group, located in Colorado, Kansas, Oklahoma and parts of the Texas Panhandle was listed as threatened; the other, located in New Mexico and the southwest Texas Panhandle, was listed as endangered. The State of Texas sued in 2023, and the Department of the Interior argued in a May motion that the Fish and Wildlife Service didn’t actually have the evidence to establish those two “distinct population segments,” making the entire decision moot. The court agreed and vacated the decision. (This is primarily a private lands issue, but it shows how “sue and settle” could work for either side.)
Compass Minerals has agreed to settle a lawsuit from investors who say the company misled them about the safety and approval status of its magnesium chloride-based fire retardant. The settlement, announced in May, comes after a failed contract with the U.S. Forest Service, aircraft corrosion incidents, and a 23% stock plunge.
On August 8, the district court addressed a letter issued by NOAA purporting to allow fishing in the Pacific Islands Heritage Marine National Monument. It found that NOAA has conceded that the Administrative Procedure Act required it to use the process of notice-and-comment rulemaking regarding what restrictions are needed to ensure that commercial fishing in the Monument Expansion is appropriately managed. The court’s opinion is here. The additional allegations of violations of the Antiquities Act remain for possible subsequent litigation.
New lawsuit: Center for Biological Diversity v. U. S. Office of Management and Budget (D. D.C.)
On August 12, plaintiffs asked the district court to compel disclosure of public records on actions related to what the Trump Administration has called an “energy emergency.” Plaintiffs cite an executive order, wherein they say Trump directed various agencies to submit to the OMB summary reports of “all emergency actions to expedite energy production and bypass the regular protections of the Endangered Species Act, Clean Water Act, and other environmental laws.” Two FOIA requests for these reports were submitted in April, and OMB estimated a response in “36-48 months.” The news release includes a link to the complaint.