September 2007, Newsletter #25
As promised in the previous newsletter, the Clearinghouse plans to run a series on a variety of conservation strategies in the coming months. However, the recent release of the draft Environmental Impact Statement (EIS) on the forest planning rules have prompted us to postpone this series in favor of focusing on forest planning. The issues raised in the draft EIS illustrate the value in employing a variety of strategies in natural resource problem-solving in addition to collaboration, or in this case to ensure that public participation remains a viable option.
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The Forest Service unveiled a controversial new planning rule in late August that impacts opportunities for public involvement and provides much less detail regarding the agency's approaches to collaborative forest management and public participation. The draft rule, referred to as the 2007 Proposed Planning Rule, would govern every action in every national forest and grassland in the country, of which there are 175 in 42 states, encompassing 192 million acres.
The new rule comes after a March decision by a California federal judge enjoining the 2005 planning rule. The judge effectively sided with environmentalists and the state of California, finding that the agency had failed to comply with the Administrative Procedures Act (APA), National Environmental Policy Act (NEPA), and the Endangered Species Act (ESA) in promulgating the new rule. The decision to comply with the court's order and prepare an EIS brings the Forest Service into compliance with NEPA, but seems to have had little impact on the substance of the agency's proposal.
Like the 2005 version, the proposed rule provides local forest managers wide management discretion, gives economic concerns as high a priority as ecological health, and removes requirements to manage forests to ensure viable populations of native wildlife. The rule also focuses attention and environmental review at the project level, rather than at the planning level.
Opponents of the Rule claim that forest plans developed under the proposed rule will make challenging individual projects more difficult because the new management plans will not be required to have enforceable standards such as specific limits on logging or the requirement to maintain wildlife populations. In the Forest Service Handbook, under the 2005 regulations, the agency
created a categorical exclusion to eliminate NEPA evaluation of nearly all resource management plans, revisions, or amendments. As a result, opponents further argue that the rule will not allow for a full range of planning alternatives, reduces public involvement in planning, and leaves consideration of cumulative effects to project-level analyses, thus inappropriately limiting public participation and oversight. The Forest Service contends, however, that the planning process has historically been bogged down in procedure and is far too prescriptive to allow the Forest Service the discretion to do its job properly and efficiently.
The Draft EIS issued with the proposed rule provides essentially three alternatives: the 2005 rule, the 2000 Clinton-era planning rule, the 1982 Reagan-era planning rule, plus two modified versions of the 2005 rule which remove an environmental management system set up by the 2005 version and include more specific timber management requirements.
Since the Forest Service has already signaled its intention to move away from the 1982 and 2000 rules approach to planning, the only viable alternative seems to be the 2005 rule, perhaps with a few tweaks. One wonders whether the agency might have been able to put several more creative alternative planning frameworks on the table if they had sought meaningful public involvement in advance of preparing the draft EIS.
The agency officially unveiled its new draft rule on August 23, 2007 initiating a 60 day comment period ending on October 22, 2007. To send comments on the proposed rule over the web, please visit www.regulations.gov. Email comments to planningrule@fscomments.org, or send by regular mail to the following address:
Planning Rule Comments
P.O. Box 162969
Sacramento, CA 95816-2969
For additional information:
Red Lodge Clearinghouse Legislation and Regulations >>
Draft EIS >>
California District Court ruling >>
Federal Register Notice >>
Forest Service News Release >>
Defenders of Wildlife >>
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New U.S. planning rule unlikely to alter management debate
BY DAN BERMAN, GREENWIRE, 08/17/07
The Forest Service's decision to slightly revise its national planning rule in response to a federal judge's ruling is not expected to alter the battle lines in the fight over how national forests should be managed.
SEE FULL STORY >>
Critics assail revised forest rules
BY NOELLE STRAUB, JACKSON HOLE STAR TRIBUNE, 08/17/07
The U.S. Forest Service will try again for a controversial new planning rule that would significantly alter management of 192 million acres of national forest, after a March court ruling halted use of the rule.
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Reagan-era planning rule superior to Clinton's, enviro groups say
BY DAN BERMAN, GREENWIRE, 07/27/07
The Forest Service should use its national planning rule developed under Ronald Reagan rather than the 2000 version drafted by the Clinton administration, environmental groups argue.
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Bush admin proposes new planning rule, revises NEPA guidelines
BY DAN BERMAN, LAND LETTER, 08/16/07
The Bush administration is not only attempting to revive its highly touted national planning rule that governs how management plans are developed for 193 million acres of national forest, but is also proposing changes to its NEPA procedures, incorporating guidance from CEQ and selected court decisions.
SEE FULL STORY >>
Inside the Forest Service
BY DAN BERMAN, LAND LETTER, 09/06/07
Forest Service employees are confused about the future direction of the agency, upset with the increased emphasis on firefighting and have a dim view of the political leadership in Washington.
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In era of climate change, agency faces new challenges
BY KATHERINE BOYLE, LAND LETTER, 09/13/07
History will judge today's leaders by how well they respond to the challenge of climate change, Forest Service Chief Gail Kimbell told journalists at a conference last week. That judgment will include an assessment of the Forest Service's efforts to combat global warming, she added.
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Colorado, feds start work on state's roadless rule
BY ERYN GABLE, LAND LETTER, 09/13/07
State and federal officials have started work on a rule that will guide management of more than 4 million acres of roadless areas on Colorado's national forest lands.
The plan will be based on recommendations drafted by a 13-member bipartisan state task force authorized by the state Legislature in 2005. After conducting nine public meetings and receiving more than 40,000 written comments, the task force presented its recommendations to then-Gov. Bill Owens (R) in the fall of 2006.
SEE FULL STORY >>
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