Forest Service might limit public comments

The revision would allow the agency to approve more projects without environmental review.

 

The proposed changes to the National Environmental Policy Act (NEPA) would help reduce wildfire risk, according to the Forest Service.

Under President Donald Trump, federal agencies have chipped away at the reviews and permitting required under the National Environmental Policy Act (NEPA), one of the nation’s bedrock environmental laws. Earlier this month, the Forest Service proposed a significant overhaul of the NEPA process for logging and development on millions of acres of federal forest and grassland across the West.

In a statement, the Forest Service said NEPA environmental reviews are time-consuming, redundant and prevent active maintenance of healthy forests. The agency called it the first serious change to NEPA’s regulation of forest management in more than 10 years.

The public has 60 days to weigh in on these significant changes. The proposed NEPA revisions comment period closes Aug. 12. Here are some key takeaways:

The proposed changes would reduce environmental review for logging and infrastructure.

The Forest Service wants to expand the number of projects that would qualify for “categorical exclusions” — projects that can bypass environmental analysis or environmental impact statements. The exclusions would apply to forest thinning, various types of road and trail building, brush removal and recreational site management. More controversially, forest projects of up to 7,300 acres (with logging on up to more than half of those acres) could be excluded from NEPA review. Mineral and energy exploration — such as using seismic testing to gather geological data and various small-scale infrastructure building — could also be exempt if it lasts less than one year.

The changes would undercut public engagement.

Since its inception, NEPA has established public engagement as a core principle of environmental review. Citizens should know what’s happening on public land — from being notified of potential projects, to having an input on whether or not a project should go through. The changes would undermine the public’s role in NEPA permitting, said Mark Squillace, professor of natural resource law at University of Colorado Law School; people would be less informed about proposed projects and less able to weigh in on them. “The proposal leaves it up to agency officials whether or not to allow public engagement for anything, but an environmental impact statement,” he said. 

The backlog is already long.

The NEPA permitting bottleneck is a legitimate public concern. Permits to remove buildup of fire-prone organic material and to build roads take far too long, Squillace said. In the introduction to the rule, the Forest Service claims more than 5,000 new permit applications and existing permit renewals await decisions, while 80 million acres of national forest land need work to curb “wildfire, insect epidemics, and forest diseases.” 

Western lawmakers of both parties have shown an interest in streamlining NEPA, but there is disagreement over the recent proposal. In a statement, Congressional Western Caucus Chairman Paul Gosar, R-Ariz., called the new rule a necessary correction to “costly, burdensome and uncertain” environmental reviews.

In a Senate committee hearing on June 13, Oregon Sen. Ron Wyden, D, took the opposite view. Wyden, who supports streamlining forest thinning projects, accused the Trump administration of trying to further “ideological pipe dreams of rolling back environmental laws,” rather than working to approve existing projects to reduce hazardous fuel loads. Rural Oregon is a “tinderbox,” he said — a massive forest fire hazard.  

The changes will almost certainly end up in court. 

Wyden called the revisions a “full employment plan for lawyers” because they invite litigation, further slowing permitting for projects that might help lower wildfire risk. Environmental groups, including the Center for Biological Diversity and the Western Environmental Law Center, are already hinting at legal challenges. These cases could involve the Forest Service’s justifications for weakening NEPA, as well as possible violations of other environmental laws, like the Endangered Species Act.

In determining whether a project that impacts protected species warrants environmental analysis, the proposed rule gives agency officials authority to judge whether “there is a likelihood of substantial adverse effects to the listed resource conditions.” But the Endangered Species Act contains no wiggle room. If an agency knows a project could impact a protected species, it is supposed to consult the Fish and Wildlife Service. The leeway in this clause could be used in future lawsuits, Squillace said.

Nick Bowlin is an editorial fellow at High Country News. Email him at [email protected] or submit a letter to the editor

High Country News Classifieds
  • A CHILDREN'S BOOK FOR THE CLIMATE CRISIS!!
    "Goodnight Fossil Fuels!" is a an engaging, beautiful, factual and somewhat silly picture book by a climate scientist and a climate artist, both based in...
  • DIGITAL ADVOCACY & MEMBERSHIP MANAGER
    The Digital Advocacy & Membership Manager will be responsible for creating and delivering compelling, engaging digital content to Guardians members, email activists, and social media...
  • DIGITAL OUTREACH COORDINATOR, ARIZONA
    Job Title: Digital Outreach Coordinator, Arizona Position Location: Phoenix or Tucson, AZ Status: Salaried Job ID Number: 52198 We are looking for you! We are...
  • DESCHUTES LAND TRUST VOLUNTEER PROGRAM MANAGER
    The Deschutes Land Trust is seeking an experienced Volunteer Program Manager to join its dedicated team! Deschutes Land Trust conserves and cares for the lands...
  • ASSOCIATE DIRECTOR OF DEVELOPMENT
    The Nature Conservancy in Wyoming seeks an experienced fundraiser to join our team. We're looking for a great communicator who is passionate about conservation and...
  • INDIAN COUNTRY FELLOWSHIP
    Western Leaders Network is accepting applications for its paid, part-time, 6-month fellowship. Mentorship, training, and engaging tribal leaders in advancing conservation initiatives and climate policy....
  • MULESHOE RANCH PRESERVE MANAGER
    The Muleshoe Ranch Preserve Manager develops, manages, and advances conservation programs, plans and methods for large-scale geographic areas. The Muleshoe Ranch Cooperative Management Area (MRCMA)...
  • ARTEMIS PROGRAM MANAGER
    Founded in 1936, the National Wildlife Federation (NWF or Federation) is America's largest and most trusted grassroots conservation organization with 52 state/territorial affiliates and more...
  • ASSISTANT OR ASSOCIATE PROFESSOR OF ENVIRONMENTAL HUMANITIES
    Assistant or Associate Professor of Environmental Humanities Whitman College The Environmental Humanities Program at Whitman College seeks candidates for a tenure-track position beginning August 2023...
  • ANNUAL FUND MANAGER
    Working closely with the Foundation's leadership, the Annual Fund Manager is responsible for the oversight and management of the Foundation's annual operating fund. This is...
  • DATABASE ADMINISTRATOR
    Looking for someone who loves public land and understands the value and importance of data in reaching shared goals as part of a high-functioning team....
  • EXECUTIVE DIRECTOR
    High Country Conservation Advocates (HCCA) in Crested Butte, CO is seeking an enthusiastic Executive Director who is passionate about the public lands, natural waters and...
  • ASSOCIATE DIRECTOR OF VOLUNTEER PROGRAMS
    Are you passionate about connecting people to the outdoors? The Pacific Crest Trail Association (PCTA) is looking for someone with volunteer management experience to join...
  • EXECUTIVE DIRECTOR
    The conservation non-profit Invasive Species Action Network seeks an executive director. We are focused on preventing the human-caused spread of invasive species by promoting voluntary...
  • NEW BOOK: A FEAST OF ECSTATIC VERSE AND IMAGERY
    Dynamic fine art photographer offers use of images to raise funds. Available for use by conservation groups. Contact at www.anecstaticgathering.com.
  • WANTED: TALENTED WRITER
    Write the introduction to A Feast of Ecstatic Verse and Imagery, a book concerning nature and spirituality. Contact at www.anecstaticgathering.com. Writer who works for conservation/nature...
  • MT STATE DIRECTOR- THE WILDERNESS SOCIETY
    The Montana State Director is a member of The Wilderness Society's (TWS) Conservation program team who plays a leading role in advancing the organization's mission...
  • HIGH COUNTRY NEWS EDITORIAL INTERNS
    High Country News, an award-winning magazine covering the communities and environment of the Western United States, is looking for its next cohort of editorial interns....
  • THE MAGICAL UNIVERSE OF THE ANCIENTS: A DESERT JOURNAL
    Bears Ears, Chaco Canyon, and other adventures in the Four Corners area. 60 photos and lively journals. Purchase hc $35 or pb $25 from bigwoodbooks.com...
  • DIRECTOR OF PEOPLE AND ORGANIZATIONAL CULTURE - HR
    Career Opportunity: Director of People and Organizational Culture Do you have interest in approaching organizational culture from a place of creativity and curiosity? Do you...