April 2, 2025 HFHC News Round Up
NEPA as a veto point (Legal Planet)
Judicial review to enforce NEPA ensures that agencies actually take environmental review requirements seriously, as opposed to producing meaningless, general statements with little or no information. But judicial review of an environmental review statute also creates the possibility that litigation can be used to delay projects strategically. After all, one can always make the argument that some more additional information could have been analyzed, or that some additional environmental impact could be reviewed or considered. And delay for a project can be costly – for instance, private sector projects that depend on federal permits subject to environmental review will often depend on financing that becomes more and more costly as projects are delayed, eventually making projects infeasible. Delay can also mean that changes in economic or political circumstances make projects no longer feasible. The risk of delay over litigation over environmental review documentation can lead agencies to “bullet proof” their NEPA reports in order to minimize the risk of adverse litigation outcomes – but of course, bullet proofing increases the costs of environmental review, perhaps far beyond the benefits we would receive from the additional information produced by the review.
Senator seeks end to Forest Service aircraft inspections (E&E Daily)
A generation ago, a spate of fatal crashes of planes and helicopters the Forest Service hired to fight wildfires spurred the agency to start having its own inspectors to make sure the aircraft could safely fly. Now a senator tied to that industry says the inspections aren’t necessary and that the Forest Service should halt them. Republican Tim Sheehy, the founder of a Montana-based company that’s made millions of dollars in Forest Service firefighting contracts, said the agency’s inspections are outdated and duplicate the Federal Aviation Administration’s oversight responsibilities. Indeed, he once requested a review of a fatal 2021 air crash in which the Forest Service failed to detect a crack in an aircraft’s wing. (Subscription Required)
Under new management: our forests (Salish Current)
In recent years, contracts for logging on National Forest land has slowed even in the matrix parts of the forest, according to Peter Janicki, Operations Manager at Janicki Logging and Construction based in Sedro-Woolley. “Most of the (the Forest Service’s) timber sales are sued multiple times by conservation groups that, at the end of the day, just don’t want logging,” Janicki said. “Our perspective is we should absolutely be logging more in the Pacific Northwest and less overseas, where there is no regulation — we have the highest regulated forest in the world.” The executive order appears to keep those regulations in place. It directs federal agencies overseeing public lands to streamline key consultations such as those required under the Endangered Species Act, but not to log in areas where they are present.
USDA asks employees if they want to resign. Again. (Greenwire)
The Agriculture Department is offering employees another chance to quit, according to emails sent late Monday. USDA’s “second and final Deferred Resignation Program,” set to begin Tuesday and run through April 8, is intended to “mirror” the first and offer “all pay and benefits” through Sept. 30, according to the email viewed by POLITICO. The offer is available to permanent employees as well as employees in probationary or trial periods, and those who accept “will be provided with a dignified, fair departure,” USDA said in the email. The Trump administration has fired thousands of federal employees across agencies including USDA as part of its effort to dramatically shrink the government. Administration officials have strongly encouraged employees to quit, arguing that a slimmer workforce will be more efficient. The strategy has left federal workers scrambling, some losing access to health care, and jeopardized federal work including wildfire mitigation and bird flu response. (Subscription Required)
Westerman weighs public lands sales in reconciliation (Axios Pro)
House Natural Resources Chair Bruce Westerman is weighing possible sales or transfers of public lands as he writes his portion of the GOP reconciliation bill. Why it matters: That would bolster the administration’s push to use “underutilized federal lands” for housing. But it would also spur strong pushback. Driving the news: Westerman said he’s looked at “areas where you can’t get affordable housing” — like gateway communities outside national parks and cities in the West that are surrounded by federal land. “I’m not even sure any of that will be in reconciliation, but we have explored that,” Westerman told reporters on Monday. He specifically mentioned Salt Lake City and Las Vegas as areas to target but stressed that he’s essentially talking about “a rounding error.” Between the lines: Even small-scale sales or transfers could inflame Democrats and conservation groups, who are already skeptical of Interior Secretary Doug Burgum’s framing of the agency’s portfolio as part of the U.S. “balance sheet.” (Subscription Required)
Oregon Logging Project Largely Upheld, but Needs Further Study (Bloomberg Law)
The Bureau of Land Management’s environmental review of an expansive logging project in Oregon was largely upheld by a federal court. The agency adequately analyzed how the Northwest & Coastal Oregon Resource Management Plan will affect endangered species and local landslide risk, but fell short in reviewing probable environmental consequences like sedimentation runoff from road construction, the US District Court for the District of Oregon ruled Monday. Judge Ann L. Aiken partially granted Applegate Siskiyou Alliance’s request for summary judgment, but hesitated to vacate a 2,000-page final environmental impact statement and two Determinations of National Environmental Policy Act Adequacy. (Subscription Required)
San Bernardino Forest Management Project Gets Court Nod (Bloomberg Law)
A logging project in the San Bernardino National Forest was upheld by a federal judge who ruled that tree removal isn’t a highly controversial method for managing the risk of wildfires. While Friends of Big Bear, the John Muir Project and the San Bernardino Valley Audubon Society pointed to studies and an agency analysis that showed mass thinning creates drier and windier conditions, Judge Sheri Pym said these viewpoints “were contrary to the scientific consensus,” in a Monday opinion granting summary judgment to the government. (Subscription Required)
Controversial logging bill makes it through Oregon committee (OPB)
Lawmakers have moved forward a controversial logging bill that could open the state up to lawsuits if Oregon doesn’t log enough timber in a given year. Representatives in the House Committee on Natural Resources unanimously advanced House Bill 3103 early Monday. The bill would allow counties and the timber industry to sue the state forester if Oregon logs less than the Department of Forestry forecasts in its once-a-decade estimates. There are exceptions if a large mass of trees are destroyed by wildfires, diseases or storms. The Oregon Department of Forestry manages 745,000 acres of forestlands across 15 counties. Back in the late 1930s, counties reclaimed ownership of these lands after they went into foreclosure, but these forested areas couldn’t generate property taxes under county ownership. So state lawmakers reached deals with these counties, giving them the option to transfer these lands to the state in exchange for 64% of logging revenues in perpetuity. Every decade, the Oregon Department of Forestry estimates how much timber it could log from state land for the next 10 years. Timber industry representatives and county officials say the department tends to over-promise and under deliver, making it difficult for them to plan ahead.
Sens. Tuberville, Britt cosponsor tax deduction for timber lost in natural disasters (AL Reporter)
U.S. Sens. Tommy Tuberville, R-Ala., and Katie Britt, R-Ala., recently joined U.S. Sen. Bill Cassidy, R-LA, in reintroducing the Disaster Reforestation Act, a piece of legislation aimed at establishing tax deductions for foresters who lose timber as a result of natural disasters. Tuberville and Britt previously cosponsored the legislation when it was originally introduced in 2023. “Previous disaster relief policies and programs provide much-needed relief for agriculture crops and farmers, however, they do not provide any economic relief for farmers whose timber crops were destroyed. The Disaster Reforestation Act allows landowners to deduct the full value of timber destroyed during disaster events in the same way the tax code treats other crops,” reads an official press release from Sen. Tuberville.
Warren Buffett’s empire is shaping wildfire laws to shield utilities (Climatewire)
Lawmakers across the western United States are enacting a plan outlined by one of the world’s biggest companies to shield utilities from the legal risks of their equipment sparking wildfires. Berkshire Hathaway, which owns utilities in the West via a subsidiary, PacifiCorp, has been pushing legislation in multiple states that would make it easier for the company to defend itself in court if the company’s equipment is tied to wildfires. The company also is pursuing limitations on the amount of money it would pay to victims if it’s found liable. The force and speed of the multistate blitz has surprised both consumer advocates and other industries, leaving some powerful sectors — including the insurance and forestry industries, each with their own massive wildfire exposure — scrambling to counter what appears to be a coordinated effort to reshape the way society pays for wildfires. (Subscription Required)
Meet the Coloradans Working To Save the West’s Wildfire-Ravaged Forests (5280)
The U.S. Forest Service (USFS) estimates it met only six percent of its postfire reforestation needs annually from 2012 to 2022, mainly because the country’s pipeline for trees, from collecting seeds to growing saplings to planting them to monitoring their survival, hasn’t kept up with demand. But a dedicated ecosystem of foresters, scientists, entrepreneurs, and environmentalists in Colorado aims to change that—not just here, but across the West.
Watch: UM documentary sounds the alarm on wildfires, offers path forward (Longview News-Journal)
A new documentary from the Wilderness Institute at the University of Montana sounds the alarm on growing human risk from wildfire and offers solutions for a path forward. The film, titled “The Fire Problem,” features interviews with several Forest Service researchers, fire scientists, land managers and seasoned firefighters. “Lives are being impacted by extreme wildfires that threaten our communities and change our forests. What are the sources of this escalating problem, and can it be solved?,” a description of the films reads. “The good news – in spite of the alarming wildfire trajectory, these experts make a case for a clear and effective path forward.”
How sustainably produced forest products can help combat global warming (Open Access Government)
With the world’s attention focused on reducing greenhouse gas emissions, forest products are positioned to become the environmentally responsible building material of choice. With 2050 Net Zero targets looming, decision-makers in the public and private sectors are prioritizing materials based on carbon emissions and renewability rather than on cost alone. Construction materials and buildings play a significant role in creating or reducing greenhouse gases. Buildings generate nearly 40% of annual global CO2 emissions, and three materials mainly used in the construction sector – concrete, steel, and aluminum – account for 23% of total global emissions.
Forest Service to replant trees lost in wildfires in Gifford Pinchot National Forest (The Columbian)
The U.S. Forest Service is planning to replant 134 acres of trees in the Gifford Pinchot National Forest lost during the 2022 Siouxon, Kalama and Sunset fires. The federal agency is accepting public comment on the proposal until Sunday. In 2022, several large fires in the Mount St. Helens ranger district — specifically in the Siouxon, Sunset and Kalama areas — resulted in the loss of thousands of trees. In its scoping letter, the Forest Service said that “natural tree regeneration is not expected for an extended period of time.” By replanting the areas, the agency hopes to accelerate the forest’s return to natural condition, as well as meet mandated goals in 2021’s Repairing Existing Public Land by Adding Necessary Trees Act.
‘The end of an era’ with Tom Richards’ passing (CDA Press)
The highlights from the life of Tom Richards read like someone who loved his community. Consider that he was co-founder of Jobs Plus and the Kootenai Health Foundation, president of the Coeur d’Alene Chamber of Commerce and the Coeur d’Alene YMCA, chairman of United Way campaigns, commodore of the old Diamond Cup hydroplane races on Lake Coeur d’Alene, oversaw one of the biggest mergers in North Idaho’s forest industry and was quietly a major donor to scores of causes and events.
**Miss a day? A 20-day archive of the HFHC News Round Up is available here.**
