On Corruption, Agency Capture and Forest Service Experience

In comments on a recent post I noted that “corruption and bias are always in play” when dealing with high-level politics. Over at the Kaufmann Governance Post, Daniel Kaufmann has taken up a crusade to daylight and castigate what he calls “corruption,” moving it beyond more traditionally narrow framing as bribes, kickbacks, direct money payoffs, etc. In a post titled Capture and the Financial Crisis: An Elephant forcing a rethink of Corruption, Kaufmann says,

it makes sense to have a neutral and broader definition of corruption, akin to: “the privatization of public policy”. In addition of being a legally neutral definition, it moves beyond coarse manifestations of bureaucratic bribery, and it would encompass undue influence or capture of regulations and policies by narrow interests.

Kaufmann is particularly critical of undue influence of lobbyists and other “influence peddlers,” and notes:

the focus on corruption needs to move away from exclusive focus on the ‘abuse of public office’ and squarely acknowledge that corruption often involves collusion between the public and private (and at times outright capture by the private potentates).

What do you think? Does Kaufmann’s framing make sense? If so, Who ought we to have as Under Secretaries, as Agency Heads, etc? Or does might it be that some be dis-allowed from serving. If so, who? Or does it make any difference? Maybe an answer is that “we the people” ought to watch particularly closely those who have been “influence peddlers,” rather than banning them outright.

I have been particularly outraged that lobbyists have so much power in our country. And I believe far too much discourse and policy-making in the US revolves around industry and commerce, and too little around matters of “public interest.” Hence I was happy to see President Obama disallow “lobbyists” from filling the seats known as “political appointees.” Still, I wonder: Did it help?

I find it difficult to make a case that it is worse to have an industry lobbyist, i.e. Mark Rey as an Under Secretary who oversees the US Forest Service than to have a key corporate lawyer like John Crowell, from the same industry that by many accounts had already captured the Forest Service. In either case I find such appointments at least questionable. That is not to say that an individual from such backgrounds might not rise above said background, just that it seems unlikely that they would.

How might we do better in our politics? Unfortunately, we seem to be in one of those moments that Richard Hofstadter called “paranoid” in his book The Paranoid Style in American Politics (Wikipedia link). In such moments neither side in the US two-party system will listen to the other side, and power-over rules the day—power-with is seldom seen or used.

[Note: The idea that the Forest Products Industry captured the Forest Service at a point in time, is somewhat appealing given how dominate Timber used to be as one of the “multiple uses.” But the idea was never totally true, and less true today than yesterday. Still there is/was enough “capture” to be wary of lobbyists from, and other advocates for a dominant industry to be key policy-makers for that agency. Even if “big timber” is in its twilight as per the Forest Service, “big recreation” is still very much and increasingly at center stage.]

Likes or Not? Check-in With Readers

Dave and Foto weighed in on the success of the experiment of “liking” comments. I was about to remove it . By “liking” or “not liking” this post, you can weigh in on whether you would like to see it continue.

Here’s Dave’s perspective:

I suspect that it is time to get rid of the “rating” feature here. I have not but “toyed” with it, but I cannot support a feature that allows one to rate one’s own comment/post, and I know this feature allows that. Neither can I support a rating feature that allows one to rate a post/comment each time one logs on to a blog, and I suspect that this one allows that. [Nope. Just tested it.]

Just my partisan perspective, early in the morning before coffee. I attach this comment to this post because I perceive more use of the feature to drive wedges between people here than on any other post so far.

And Foto’s

Actually, I have been surprised at how little the feature has been “gamed”. I applaud everyone who hasn’t had a kneejerk response to an individual’s every posting, like I have seen on other less progressive sites. If I don’t like the actual message, I’ll vote to dislike. If I do like it, I vote for it. Also, I have refrained from voting for my own postings, on principle, and I expect that others have followed that practice, as well. As Sharon quipped when this feature was enabled, one may not like the votes for one’s postings. It makes you maybe corral your comments to be civil and reduces partisan blather, from either side. I tend to think it is working, and could encourage more people to eventually post comments.

Again, I thank everyone for being adult and respectable (to most extents).

The End Of and Era– Wildlaw No More

Ray Vaughn, sometime contributor to this blog, has announced (in the letter which follows) that his organization Wildlaw, will soon cease to exist.  After many successful suits against the Forest Service, Ray decided a few years ago that, as much fun as suing and winning might be, it might be more satisfying to work cooperatively on ecological restoration projects.  Ray was able to put aside past  name-calling and even death threats (not from the Forest Service!) to collaborate with those who he had often opposed in the past.  His work with the National Forests in Alabama and elsewhere in the South stands as a model for collaboration in the management of public lands.

Good luck, Ray.  You would have made a great Undersecretary!

Dear Friends:

Many of you may have heard rumors about the future of WildLaw and what is happening with our organization.  Due to tough economic times drying up all our major funding sources and due to some other factors, WildLaw, quite simply, has no future; the organization is done and wrapping up operations.  WildLaw will cease operations on May 31, 2011, and after 25 years of public interest legal work, I am retiring.  This memo contains my thoughts and reflections on what an incredible journey WildLaw and I have had.

First, some details: WildLaw will close its Alabama and North Carolina offices on May 31.  Our Southern Forests Network program, headed by Alyx Perry, will continue on as a separate organization. Our Florida Office, headed by Brett Paben for more than a decade, has secured some independent, Florida-specific funding and will also continue as a separate organization.  As a legal entity, WildLaw will technically continue to exist for some time due to tax filing timing reasons, laws and regulations about retention of legal case documents, trademark and copyright reasons, and the like.  But, barring some miraculous change in its financial fortunes, it will not be an operational organization after May 31 and will be only a shell until such time as those various laws allow me to unincorporate it finally. And due to health reasons and a need for me to focus on finding a way to still be here for my family as my children enter their college years, I am retiring from the practice of public interest law.

WildLaw may now be done, but it has not failed.  Just because something ends does not mean it has failed, even if it ends sooner than you had thought it should or would.  After all, everything ends; every life ends.  Every human endeavor must end also.  WildLaw has been a success beyond my greatest hopes when I founded it.  That success remains, even if WildLaw will not.  I am sad to see the end of WildLaw and my work as a public interest attorney, but I do not regret what has happened.  The journey I have been on for the past 25 years has been incredible, a wonderful dream.  But even the best dreams end when one awakens to a new day.

Even a brief listing of some of WildLaw’s accomplishments is astounding and humbling for me.

  • More than 24,000,000 acres of public lands have been given increased protections due to our work.
  • Working on species as diverse as white-tailed deer to the rarest fish, birds and animals in the world, WildLaw has increased protections and led to better management for more than 135 species directly, and countless hundreds indirectly.
  • More than 2,000 miles of rivers, streams and coastal areas are cleaner.
  • More than 1,500,000 acres of public lands were protected from unwise oil and gas development.
  • Projects planning more than 500,000 acres of illegal and unsound logging on our public forests were stopped, and more importantly, more than 2,000,000 acres of scientifically-sound ecosystem restoration work was started on those public lands that need it.
  • We played a critical role in helping small loggers in the South who do good, ecologically-sound logging find work in the forests and markets for their timber, with WildLaw becoming the first nonprofit of our type in the South to become FSC certified.
  • Over the years, WildLaw played a critical role in helping to move the U.S. Forest Service from a management scheme of prioritizing commercial extraction to a paradigm of ecological restoration and conservation. While still ongoing, this historic and sweeping shift in agency policy and attitude started in Alabama, of all places, and I am very proud of the many great people in the agency with whom we have worked to help make this change happen.
  • More than 35,000 people of low-income, mostly-rural, under-represented communities throughout the South have been given a voice and a chance at a cleaner environment because of our environmental justice work.

WildLaw’s great success has been due to many, many people.  I cannot thank all of them here, but I will single out a few in particular.  I want to give my thanks to:

  • All our incredible staff.  Over the years, some 45 people have worked for WildLaw, and all of our success has been due to their passion, commitment and skill.  Special thanks to Steve, Brett, Jeanne, and Alyx, who led our various offices and programs for so many years.
  • All of our supporters.  Nonprofit work may not make a profit but it still must pay the bills to do the work.  All the people, groups and foundations who funded our work over the years share in all our success and accomplishments.  Special thanks to our most steadfast and understanding of funders, including Fred Stanback, Patagonia, Stuart Clarke and the Town Creek Foundation, the National Forest Foundation, The Moriah Fund, and the Mennen Environmental Foundation.
  • All our clients.  WildLaw has worked with more than 250 environmental and community groups of all sizes and thousands of individuals who fight for a better world instead of a quick buck.  All of you are inspirations, and it has been a high honor to represent you and make your cause our cause.
  • All our partners.  Fighting to make the world a better place can be a lonely trail at times, but to find other people and groups who will fight alongside you makes a big difference.  There is strength in numbers, and many can do more than just one or a few.  Because with environmental protection work being so much more than just litigation, often many of our clients were also partners in our conservation work outside the courtroom.  Many fellow attorneys and legal organizations worked with us over the years.  Thanks to all of you, and I am sorry that we will not be there with you in the future.
  • All our honorable opponents.  Too many times in this day and age, it is customary to demonize those with whom you disagree or who have different interests and goals.  Fighting for reasonable environmental protections is hard enough, but to have those who disagree with you also demean, insult or literally try to hurt you makes it so much worse.  I lost count of the death threats I have received over the years, and our offices were broken into five times.  In light of the evil thrown at us by some, I truly appreciate all the opposing counsel, corporate staff and government officials who were professional and kind, even in midst of strong disagreement on how to address an issue.  We are all human beings, not demons and angels, and I am grateful for the opponents who remembered that, and especially those who helped me to remember that.  Some whom I opposed in court became friends in person, and I am very thankful for those friendships and all that I have learned from these exceptional people.
  • All the special people inside and outside of WildLaw who made this work possible.  This includes: our longtime Board President and inspiration Lamar Marshall.  Sara O’Neal, for invaluable help in getting WildLaw set up and then funded during tough times.  Rick Middleton and all the folks at the Southern Environmental Law Center for blazing the eco-legal trail in the South, the mentoring, the co-counsel work in important cases and even for the friendly rivalry we had at times.  Ned Mudd for the friendship, guidance and grounding.  Dave Foreman, who believed in me when almost no one else did. Mark Rey, who epitomizes the best in professionalism, intelligence, wisdom and friendship.
  • Most especially, thanks go to my wife, Louise.  Without her, I would have had no reason to fight for a better world, and without her support, understanding and quiet counsel, WildLaw would have never happened and succeeded like it did. Thanks also to my children, Ned, Trey and Beth, who always told me how cool a dad I am because of the work I do and who always gave me encouragement instead of the typical reaction a father gets when talking to his kids about his work.  Also, many thanks to my Mom, Betty Vaughan, who supported me and WildLaw, despite all her worrying.
  • Finally, and at the risk of sounding corny, but so what, thanks be to God.  Everything in life is a gift, and WildLaw and this work have been gifts beyond measure. I know too many attorneys and people in other professions whose work is a chore, nothing more than a means to make money to do the things they would rather be doing.  Working to protect the environment and help people live better lives are all I have ever wanted to do.  Unlike so many people, I got to do what I wanted; it was not easy and ultimately I had to create the job I wanted.  But, as Thoreau said, I got to live the life I dreamed by doing work that had real meaning.  My work this past quarter century has been a true gift, a blessing, a mission, a passion, and a meaningful life for which I am very grateful. If I have made a difference in this world, it is because God has made a difference in me, and with me.

So, once again, many thanks to all of you whom I have worked with and for these many years.  I am sure we will see each other from time to time, especially if I ever get that experimental brain surgery I need (but my insurance will not pay for).  See, for all those who ever wondered whether I was “not right in the head” for doing this work, you were right.

Feel free to share this with anyone you like.

God bless you all,

Ray Vaughan

Founder and Executive Director

WildLaw

“Your bridges are burning now.

“They’re all coming down;

“It’s all coming ‘round.”

–         Foo Fighters

Roadless Fact Check #1

The first piece I’ll look at is this one in HCN- not for any particular reason, other than I was reading HCN and ran across it. Here’s the link.

Been wondering what’s new with the Clinton-era Roadless Area Conservation Rule? Well, being the inveterate wonks we are, we’ve got an update for you on the latest with this 2001 rule that banned most logging and road building (but not off-roading or mining) on 58.5 million acres of national forest.

But first, a bit of history: In 2004, Bush repealed the rule, but allowed states to develop their own forest-protection plans. Which meant that states had to petition the federal government to protect roadless areas within their boundaries, that residents of other states had no say in those petitions, and that each state could thus have a different set of rules. Idaho and Colorado quickly drafted proposals. Idaho’s regulations, approved in 2008, protect about 9 million acres and open 400,000 to road-building, logging and mining.

This February, a federal judge upheld Idaho’s rule after environmentalists charged that it would harm endangered caribou and grizzly bears. And last week, Colorado released a new draft of its proposal, which would protect most of its 4 million roadless acres but allow new transmission lines, logging to control pine beetles, temporary drilling and coal-mining roads, and energy development on roughly 100,000 acres. The plan is open for public comment until July 14.

As for Clinton’s original roadless rule, it was reinstated in 2006, but its legal status won’t be resolved until appeals of a 2008 injunction are decided, probably early this year.

Let’s take

1.

that residents of other states had no say in those petitions

This is not entirely true, as public comment was open in Colorado and Idaho to everyone across the country, and national interest groups played a role. In addition, there was a national advisory committee (RACNAC) that the designer of this process, Mark Rey, intended to provide a balance, and national perspective to the state petitions. I know the RACNAC folks and I don’t know any who are shrinking violets when it comes to stating his or her opinion.

” Idaho and Colorado quickly drafted proposals.”

“Quick” is not an adjective that I would use about anything that involves federal rulemaking, and particularly not Colorado….having spent time with the Task Force that developed the petition, I would argue that a better adverb might be “laboriously.”

Idaho’s regulations, approved in 2008, protect about 9 million acres and open 400,000 to road-building, logging and mining.

I am only slowly learning about the Idaho rule, but what is interesting to me is that it appears that temporary roads can be built for fuels treatments in the Backcountry Restoration Theme (more than 400K acres), but it looks like roads are allowed for everything else but mining on the 400K. If this is not the case, I would appreciate some enlightening by those more familiar with Idaho.

which would protect most of its 4 million roadless acres but allow new transmission lines, logging to control pine beetles, temporary drilling and coal-mining roads, and energy development on roughly 100,000 acres.

New power transmission lines are also allowed in the 2001 Rule as long as you don’t build roads. The 2001 Rule is therefore the same as the proposed Colorado Rule with regard to powerlines.

The tree cutting allowed is for fuels treatment around communities and to protect municipal water supply systems from fire, Controlling pine beetles is not really possible in this part of the country.

Temporary drilling and coal-mining roads on roughly 100 K acres.

There are 20K acres in the North Fork Coal area, and there is no other energy development. Unless the author is thinking of the so-called gap leases, (this requires another post) which are not 80K so I don’t know where 100K comes from.

Next edition: the wonderful world of “gap” leases.

Wilderness Society on Planning Rule- Science in the Front Seat?

What I found most interesting about this pieces by Cecilia Clavet of The Wilderness Society, given the lecture by Toddi Steelman here, is asking “who is saying that science should determine policy?” and “in what context do they say it?”.

Here we have an example of the perceived need for science to “take a front seat” in the planning rule, in the context of public comment on the rule. So we are perhaps expecting that those of us not familiar with the issues would simply write a letter calling for 1) more rules about collaboration, and 2) science taking a “front seat.”

I’m beginning to think that their are two problems:a) the discussion isn’t really as nuanced as it could be about what is a “foundation” compared to “scientists should determine what happens”- a mildly (at least) undemocratic idea. And perhaps some policy folks, lawyers and editors have never been exposed to the true messiness of scientists, scientific agendas, and political agendas all duking it out in some controversy. Or they have seem it (in the climate world, it’s hard to avoid) and chosen to look away.

Time to speak up on rules governing how our forests are managed
Photo

By Cecilia Clavet on March 17, 2011 – 2:28pm

The Obama administration and the Forest Service last week hosted what they call a national roundtable. It was an effort to summarize and explain in detail the various components of the draft forest planning rule, which was published last month. When final, this rule will guide the Forest Service on how to manage 193 million acres of America’s national forests. The roundtable, held in Washington D.C., was the beginning of a series of public forums that will take place throughout the country.

The components covered a range from climate change to timber production and from recreation to water resource management. However, much of the day’s emphasis was on the role of collaboration. The draft rule requires collaboration to take place when individual forest plans are developed. This in theory means that the Forest Service will reach out to a wide variety of people interested in contributing to plans for managing forests. These stakeholders include scientists, conservationists, local land owners, foresters and other concerned citizens.

While this sounds like a very inclusive process, a couple of concerns come to mind:

First the planning rule does not provide guidelines to ensure good collaboration, leaving all discretion to the forest manager. The excuse against collaboration guidelines is that no collaborative will be the same across the landscapes. However, I would argue that you can follow some basic rules on collaboration by adopting similar guidelines to the Collaborative Forest Landscape Restoration Program, which would ensure some consistency across all the collaborative efforts and ensure all the right stakeholders are invited to the tables. This will in turn provide the appropriate check on the agency as it developed new forest plans.

The second concern is that the emphasis on collaboration that could minimize, and thus weaken, the role of science in decision-making. The administration appears to view collaboration as having equal footing with science. While collaboration is a complementary component of the forest planning process, the agency must require that the best available science is the foundation. A New York Times editorial also raised some questions the Forest Service needs to answer about science and protecting wildlife.

These are the concerns about collaboration, and there are others. In last week’s roundtable, the administration and agency staff spoke a lot about the intent of the rule, stressing the importance of water, wildlife and sustainable recreations and addressing new challenges like climate change. We wholeheartedly agree. The problem we find is that the language of the draft rule doesn’t match the intent. However, the agency is able to make some changes that could have very meaningful impact to sound forest management.

Now that the draft of the forest planning rule is out, it’s up to everyone who cares about our national forests to make our voices heard. We can start by attending the roundtables taking place across the country. More importantly, we can visit the Forest Service’s forest planning rule site and make official comments about what we would like the agency to do as it revises the draft. We should start by calling for more clarity on collaboration and by demanding science take a front seat in the process.

Note that the NY Times editorial mentioned is the same one I critiqued in my blog entry “NY Times Editors Need New Nemesis” which included the quote “The net result is to give too much discretion to individual forest managers and not nearly enough say to scientists. This is dangerous because, over the years, forest managers have been easily influenced by timber companies and local politicians whose main interest is to increase the timber harvest. ”

Scorecard- Scientists /science as drivers..
NY Times 1
Wilderness Society 1

Congressional Roadless Hubbub Plus CRS Report

Here’s the Greenwire story.. and a link to the Congressional Research Service pub.

FORESTS: Report suggests Congress resolve roadless rule before case reaches Supreme Court (04/21/2011)
Phil Taylor, E&E reporter
A decade-long, litigious battle over how to manage the nation’s remaining roadless forests may have to be decided by Congress, according to a report issued this week by the nonpartisan Congressional Research Service.

The 19-page report suggests the ongoing legal battle over the Clinton administration’s controversial 2001 roadless rule could also be solved if the Obama administration promulgates its own rule for managing the nation’s remaining unspoiled forests.

The Obama administration could also follow the lead of the George W. Bush administration, which allowed states to petition for their own roadless plans rather than follow the national model, the report suggests. The Bush plan was panned by conservation groups and found to be unlawful by the 9th U.S. Circuit Court.

At issue is the fate of 58 million acres of relatively pristine forests — roughly a third of the national forest system — where the Clinton administration banned most road construction and timber harvesting.

The rule could face conflicting legal opinions from the 9th and 10th circuit courts, setting the stage for a possible Supreme Court case, the report warns.

“The ultimate decision of which roadless rule applies may not be in the courts, unless it is brought before the Supreme Court, but by Congress,” the report said. “The contradictory court decisions may indicate a statutory fix is needed.”

The report notes that the Clinton rule was upheld in 2009 by the 9th Circuit but that the 10th U.S. Circuit Court of Appeals is still considering a Wyoming court’s decision overturning the rule on the grounds that it violated the National Environmental Policy Act and created de facto wilderness, which only Congress can declare.

“This could lead to a conflict between the two circuits with one saying the nationwide rule is valid nationwide, and another saying the contrary,” the report says.

However, the report cites language in both the Multiple Use Sustained Yield Act and National Forest Management Act that gives the Forest Service authority to manage areas as wilderness and assure the protection of watersheds, wildlife and recreational opportunities. The report did not say whether the Clinton rule restrictions violate a separate mandate to maintain productive forests.

Rep. Jay Inslee (D-Wash.) and Sen. Maria Cantwell (D-Wash.) last Congress introduced a pair of bills to make the Clinton rule protections permanent and resolve the ongoing legal battle (E&ENews PM, Oct. 1, 2009).

The bills would allow for continued forest management to promote forest health, preserve public access to existing roaded areas and ensure continued opportunities for hunting, fishing, hiking and other forms of outdoor recreation, according to the lawmakers.

“Numerous lawsuits have tracked the roadless rule’s course, both in favor and opposed,” Inslee said on the House floor at the time. “This legislation will permanently protect our nation’s roadless areas and remove all ambiguity concerning their conservation and protection.”

Staff for both Inslee and Cantwell this morning did not immediately say whether the lawmakers planned to reintroduce the proposals in this Congress.

While Inslee’s bill carried several Republican co-sponsors, such a measure would likely face heavy resistance in the current Republican-led House, where some members have pledged to roll back Obama administration policies they say have locked up federal lands.

Greenwire obtained the CRS report from the office of Rep. Kevin McCarthy (R-Calif.), who last week introduced a bill to release the majority of inventoried roadless lands into multiple-use management, which could include timber, oil and gas development or other road-dependent uses ( E&ENews PM, April 15).

McCarthy’s bill, H.R. 1581, calls for the reversal of the 2001 roadless rule and would open up roughly 49 million acres to logging, road building and extractive uses, according to critics.

The bill has 22 Republican co-sponsors including National Parks, Forests and Public Lands Subcommittee Chairman Rob Bishop (R-Utah), and Western Caucus Chairman Steve Pearce (R-N.M.).

Conservation groups have slammed the proposal, calling it a threat to the “last refuge” of many of the nation’s wildlife species.

“This bill threatens to kill off wide-ranging species that just cannot survive in the developed landscape,” said Earthjustice attorney Tim Preso, in a statement. “We are talking about grizzly bears, wolves, elk, and bighorn sheep. The bill would also remove protections for some of our last, best fisheries, including blue-ribbon trout streams and some of the last available spawning habitat for imperiled wild salmon.”

In the meantime, Agriculture Secretary Tom Vilsack said he will decide which timber or road building proposals are allowed to go forward in roadless areas on a case-by-case basis.

Last May, he authorized 14 road construction projects to honor pre-existing mining claims and to allow the construction of methane vents in Colorado coal mines located underneath roadless areas (Greenwire, May 13, 2010).

Three Pathways to Adaptive Governance

Adaptive governance—an adaptive management approach to public lands management—is well underway, and will replace planning, the Forest Service’s chosen management strategy for the 20th century. This may be seen as a bold assertion. But the ideas and actions embedded in adaptive governance have been emerging for quite some time as more and more people realize that 20th century notions cannot guide the Forest Service or any other government agency into the 21st century. Adaptive Governance framing is very different from scientific management/planning framing.

Gifford Pinchot’s “planned forests” guided Forest Service thought, policy, and action for the 20th century. (See, e.g.: here, here (pdf)). It was a model where humans sought to recreate and control Nature’s forests for utilitarian purposes. This model no longer serves. For the 21st century, we are better served with Aldo Leopold’s notion that humans humbly serve as plain members of a broader ecological community, and are not masters of the community. Still, humans must derive sustenance from the land and also re-create the human spirit via interrelationship with the land. To facilitate this transformation, a broad educational campaign in ecological literacy is needed. Part of that educational process can be effected via deliberative democracy in development of adaptive management strategies and actions, with its emphasis on learning not only to incrementally design and implement ever-better management actions, but also to design and implement ever-better management and science theory.

My assertion that adaptive governance is well underway stems from many conversations with planners, NEPA coordinators, and planning directors. It also stems from extensive reading in adaptive governance. [See, e.g. Adaptive Governance: Integrating Science, Policy, Decision Making (Brunner et al, 2005), Finding Common Ground: Governance and Natural Resources in the American West (Brunner et al, 2002), The Politics of Ecosystem Management (Cortner and Moote, 1999)]

At this time when we are discussing the recent Draft NFMA rule, I see three paths forward for the Forest Service: Leave the NFMA rule anchored in by-gone-era planning, while continuing to move toward adaptive governance in all other aspects of forest service thought/action. Develop a very simple NFMA rule that frees the Forest Service of much of the baggage of past NFMA rules, thereby allowing the agency to move forward into the adaptive governance era. Embrace adaptive governance in the NFMA rule.

If as expected the Forest Service chooses to embrace a slightly tweaked Final NFMA rule, which it now calls a “planning rule,” the major problem is that it will further erode trust—a much-discussed casualty of the highly controlled central planning methodology with its “jack in the box” public involvement strategies. [Yes, I’m aware that the Draft rule champions collaborative engagement, but we all know that the Forest Service has little intention to alter its current behavior of giving little more than lip-service to collaboration in forest planning, let alone in higher policy arenas. Besides, if as I’ve argued forest-level planning has little to offer re: adaptive governance, even extensive well-intentioned collaboration in that arena will yield little more than frustration and discontent.]

If the Forest Service chooses to develop a very simple NFMA rule, public interest groups may go along, recognizing that the US Congress is not likely to repeal, amend, or revise RPA/NFMA anytime soon, and that the Forest Service is already engaging stakeholders in adaptive governance discussions/policy actions. On the other hand public interest groups may not go along, if only beause the wicked problems surrounding “species viability” will not be quickly tamed. If the species viability questions can be addressed in (or around) a “simple rule,” public interest groups may move their attention to other arenas. There is a long-standing tradition in American government of leaving laws on the books long after enforcement of these laws makes sense. Think about how long city governments kept laws like “a hitching post will be provided every X feet along Main Street” on their books.

Finally, if the Forest Service chooses to embed adaptive governance in the NFMA rule, it can serve at once as a wake-up call to the Congress to revise RPA/NFMA and simultaneously relieve forest-level burdens now imposed by an anachronistic planning rule—currently the 1982 planning rule. It can also serve as a means to rebuild trust!

I’m betting on a simple tweak of the Draft rule, but hoping for one of the other two paths.

Climate Shift – Nisbet’s Report

Certainly public land managers need to be climate aware; and that also means being climate-debate aware. Here is a recent report- “Climate Shift A Clear Vision for the Next Decade of Public Debate.” Many of the findings may be of interest to NCFP readers.

This is from the summary..

Just as public opinion needs to be considered in the context of the economy and the message strategy of prominent political figures, belief in the reality and risks of climate change are also linked to the proposed policy solutions. Polling experts assert it is wrong to assume that questions asking about the causes and impacts of climate change are in fact measuring knowledge. Instead, answers to these questions are much more likely to be indirect opinions about cap and trade policy and an international agreement, explaining why even highly educated Republicans appear in polling to doubt human caused climate change. Academic studies reach a similar conclusion. In these studies, perceptions of scientific consensus vary by an individual’s underlying ideological values and in relation to the inferred course of policy action.

Research is less clear about the wider impact on public opinion of conservative outlets such as Fox News or for Climategate. These studies show that conservative-leaning individuals who already hold stronger doubts about climate change are more likely to view Fox News, and this viewing reinforces these doubts. Research shows that the same factors related to selective attention and interpretation apply to understanding the impact of Climategate on public opinion.

Just as ideology shapes the public’s judgments about climate change, ideology also guides the political interpretations of scientists and environmentalists. To understand this process, I analyzed a recent survey of members of the American Association for the Advancement of Science (AAAS). To be clear, the survey of AAAS members is by no means representative of scientists who are actively engaged in climate change research. On the reality and causes of climate change, there is no debate among specialists. Respondents to the AAAS survey are instead representative of the organization’s interdisciplinary and professional composition, with 44 percent of members working in the biological, medical or agricultural sciences

As the data show, AAAS members are strongly ideological, partisan and like-minded in outlook. With “moderate” and “independent” the mid-points in a continuum of political identity, more than a majority of AAAS members declare themselves to the left of these outlooks. To add context to this finding, I compared the political composition of AAAS members with 10 other politically-active groups and commonly-referenced media audiences. AAAS members are as ideologically like-minded as evangelical church members and substantially more partisan. Only black church members exhibit a stronger partisan lean than AAAS members and only Fox News viewers, Mormon Church members and Tea Party members exhibit a stronger ideological lean.

Among AAAS members, given that very few specialize in earth science, perceptions of climate change also vary considerably by ideology, just as they do among the public. Less than a majority of conservative AAAS members think the Earth is warming and that humans are a cause, compared with more than 80 percent of moderates and more than 95 percent of liberals. There are even stronger differences in the perceived seriousness of the issue.

Ideology also strongly influences the political events that AAAS members follow and their interpretation. Among strong liberals, 74 percent reported hearing a lot about claims the Bush administration had interfered with the work of government scientists, compared with 27 percent of conservative AAAS members. In comparison, just 10 percent of the public had heard a lot about the debate. Ideology additionally shaped how the claims were interpreted. On this matter, of those hearing about the debate, 57 percent of conservative AAAS members said the claims were true, compared with 87 percent of moderates and 97 percent of liberals.

To the extent that AAAS membership is consistent with the political identity of the environmental movement and scientific community at large, the findings suggest several important themes to consider. First, given their political identity and outlook, it is likely very difficult for many scientists and environmentalists to understand why so many Americans have reservations about complex policies such as cap and trade that impose costs on consumers without offering clearly defined benefits.

Second, as a natural human tendency, the political preferences of scientists and environmentalists likely lead them to seek out congenial sources in the media and to overlook the polarizing qualities of admired leaders such as Gore. These same factors also likely shape a view of the world that is inherently hostile even when objective indicators of financial resources, media coverage and public opinion suggest otherwise.

As a result, in discussion of communication initiatives and political strategy, scientists and environmentalists tend to overlook how economic trends and their own actions might diminish public concern, and instead focus on presumed flaws in media coverage or the activities of conservatives. Moreover, as organizations such as the AAAS train and encourage their members to engage in public outreach, most participants are likely to view politics very differently from the audiences with which they are trying to engage, a challenge that merits greater focus as part of these trainings.

These observations will probably raise most heat..

Designs to Win: Engineering Social Change
In Chapter 2, I examine the conventional belief that conservative philanthropists like the Koch brothers are more effective than their centrist counterparts because they funnel their funding into a coordinated set of causes, think tanks and groups aimed at achieving specific policy ends. Yet as I review, far from being passive supporters, over the past decade, foundations supporting action on climate change have strongly shaped—if not defined—the environmental movement’s agenda, engaging in many of the same policy-focused strategies as conservatives.

In 2006, several of the country’s wealthiest foundations hired a consulting firm to comprehensively survey the available scientific literature and to consult more than 150 leading climate change and energy experts. The result of this intensive undertaking was the 2007 report Design to Win: Philanthropy’s Role in the Fight Against Global Warming.

Leading the report was the recommendation that “tempering climate change” required a strong cap and trade policy in the United States and the European Union, and a binding international agreement on greenhouse gas emissions. The report predicted that passage of cap and trade legislation would “prompt a sea change that washes over the entire global economy.” The report included little to no discussion of the role of government in directly sponsoring the creation of new energy technologies. The report is additionally notable for the absence of any meaningful discussion of social, political or cultural dimensions of the challenge.

To understand how this planning document shaped the investment strategies of major foundations, I analyzed available records as of January 2011 for 1,246 climate change and energy-related grants distributed by nine aligned foundations between 2008 and 2010. These aligned foundations are among the wealthiest in the country, include several of the top funders of environment-related programs, and were either sponsors of the Design to Win report or describe themselves as following its recommendations. The foundations analyzed were the David and Lucile Packard Foundation (#1 in environmental funding for 2009), the Sea Change Foundation (#4), the William and Flora Hewlett Foundation (#5), the Kresge Foundation (#13), the Doris Duke Charitable Foundation (#24), the McKnight Foundation (#39), the Oak Foundation (#41), the Energy Foundation and ClimateWorks.

Approximately $368 million was distributed across the 1,246 individual grants. However, given that not all foundation records are publicly available for this period, the total of $368 million likely underestimates the actual amount distributed between 2008 and 2010. If an average based on a foundation’s previous year giving is used as a stand-in for missing years, these nine foundations would have distributed more than $560 million between 2008 and 2010.

Much like their conservative counterparts, the funding provided by these nine foundations reflects a pattern of support focused on achieving a clear set of policy objectives. Funding included $39 million associated with activities in support of cap and trade policies; $32 million associated with efforts at reaching an international agreement or influencing the policies of a specific country; and $18.7 million associated with efforts at limiting or opposing coal-fired power plants.

Funding patterns also reflect the Design to Win report’s framing of climate change as a physical threat that requires primarily scientific and economic expertise to solve. More than $48 million in grants were associated with policy analysis or economic impact analysis; $17 million with environmental impact analysis; and $13 million given directly to support university-based programs.

In addition, funding was concentrated on just a few national organizations. Though 1,246 grants were allocated, 25 organizations combined to receive $182 million, nearly half the $368 million total distributed. Of the 25 organizations, 14 were leaders in the push for cap and trade legislation. Recipients included the Environmental Defense Fund, the Natural Resources Defense Council, the Union of Concerned Scientists, the Sierra Club, the League of Conservation Voters and the Alliance for Climate Protection.

As the top recipient of funding, nearly one out of every 10 dollars ($34.6 million) went to the Bipartisan Policy Center, exceeding the $31.3 million distributed by Koch-affiliated foundations to all conservative organizations between 2005 and 2009.

The analysis of the Design to Win alliance shows that contrary to conventional wisdom, these nine foundations have been as strategic in targeting specific policy outcomes as even the Koch brothers, applying more than 10 times the amount of money in pursuit of their goals. Yet focus and strategy are only as effective as the premises upon which they are based. As described in the chapter, the Design to Win report appeared to define climate change in conventional terms, as an environmental problem that required only the mobilization of market incentives and public will. With this definition, comparatively limited funding focused on the role of government in promoting new technology and innovation. Nor was there equivalent investment in important human dimensions of the issue, such as adaptation, health, equity, justice or economic development.

I italicized the last sentence because within our own world of climate and public lands we are certainly free to, and I believe, should frame climate change from a more holistic perspective.

Mark Squillace in New West on Proposed Planning Rule

Here’s the link .

Here are a couple of quotes:

Decades of land use litigation have crippled the Forest Service’s planning process, causing the agency to become over-cautious and vague, according to environmental lawyer and scholar Mark Squillace. A proposed national planning rule, for which public comments close on May 16, is too complex, time-consuming, and fraught with unnecessary choices that invite litigation, says Squillace, director of the Natural Resources Law Center at the University of Colorado School of Law in Boulder.

“I really think the forest planning process is broken, and one of the reasons is they spend so much time revising the plan and they don’t really improve it, because it becomes static over time.” he says. “It’s really about monitoring, not assessment. What you want is a monitoring program that’s constantly looking at what’s happening in the forest.”

Squillace, who has worked in the Department of the Interior and was director of litigation for the Environmental Policy Institute in Washington, D.C., says monitoring of many conditions, such as the population status of species, soil moisture, and pathogens, should all feed back into the assessment reports of national forests that are compiled every two years, which in turn would be used to alter the national plan. “If it’s done right, you’ll virtually never have to do another plan at all, because it’s constantly changing.”

Squillace applauds the public input. “I think the process they’ve used has been exemplary. They’ve really tried to involve people in a meaningful way.”

But at the national forum, he asked a Forest Service panel if they had considered options to make the plan development process simpler, such as resource-use plans at the level of the individual forest that would avoid the complicated standards and guidelines built into the national plan. “I think right now the public often loses the forest for the trees because of the detail, the complexity, of the plan,” he said.

On science,

In terms of the role science would play in resource management, Squillace worries that the language of the draft plan requires only that officials “take into account the best scientific information throughout the planning process.” Such weak wording could turn the rule’s scientific standards into a paper tiger, he claims.

He cites a comment made by a member of the public during the national forum that there is no “best science,” only competing views. He disagrees vehemently. There may be a level of uncertainty, as with climate science, he says, but the agency cannot avoid a preponderance of scientific opinion simply by noting that scientists may take different views.

“The Forest Service is increasingly careful about not setting standards that will tie their hands,” he says. “To me, that’s the essence of planning: making choices.”

Even so, Squillace says the Forest Service has trouble making such site-specific analyses, because the resources required for the national planning process detract from resources needed for project-level studies. “I can say with confidence that this kind of thing has happened in many forests.”

One of his answers to the problem is to use more maps, to help visualize resource questions or threats. From the many meetings he has attended over the years, he says his sense is that the public mainly wants to know what uses of national forests will and will not be allowed. Maps that show such uses, or zonings, already are made by the Forest Service, he says. This should be extended to maps that designate the suitability of tracts of land for particular uses. Other maps could display watersheds, wildlife habitats, ecosystems, and ecological conditions. They could be designed as overlays, so the public could see how such resources interplay with the suitability of a given tract of land for various uses.

“Maps provide a really transparent way, I think, to engage the agency in what the public would like to see,” he says. This would help everyone to analyze use options. “We fight it out, if you will, in the decision-making phase.”

I agree with most of his points, especially about the public’s interest in lines on maps.

However, it is interesting that his views of science seem to be different than Toddi’s below. Maybe we are talking past each other, but I have noticed that people in the law profession (this is my current hypothesis) seem to have the idea that decisions can be hardwired to some “science.” Following Toddi’s post, it will be interesting for us to note who makes these claims about science and see if those claimants fall into any kind of pattern. In the past, I’ve noticed this coming from NGO’s with many lawyers on their boards and staffs. Scientists themselves tend to be more cautious. And of course, people who study this kind of thing academically (STS or science policy studies) sound like Toddi’s lecture.

Also, Squillace said:

“They make it impossible to challenge monitoring,” Squillace charges, “because monitoring reports every two years are not decisional documents, so they’re not reviewable.”

I don’t know the utility of legal challenges of monitoring per se… I’m sure something got missed in the interview here. Based on other conversations, I think he means challenging legally decisions made or not made on the basis of that monitoring.. but the NEPA of the decisions themselves could be challenged..??

And finally..

Squillace thinks the agency should look to legal precedents that argue in favor of analysis of individual ecosystems rather than concentrating on the “bird’s eye view.” He points to a 1987 case in Wyoming concerning oil and gas leases on more than 10,000 acres of the Shoshone National Forest. In dismissing a suit brought by the Park County Resource Council that contended the Environmental Impact Statement was inadequate, a court of appeals ruled that a comprehensive EIS is not required at the leasing stage. Nine out of ten leases do not result in exploratory drilling, the court noted, concluding that site-specific environmental assessments should be made before a particular drilling project actually occurs.

This finding was strengthened the following year, when another court of appeals ruled that federal agencies did not violate law in selling oil and gas leases on 1.3 million acres of the Flathead and Gallatin National Forests in Montana without preparing an EIS.

Is he arguing that forest plan EIS’s are not particularly useful? I seem to remember others who thought this…during the 2005 (Mark would probably call it the “Bush” ;)) Rule.