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Federal court rules Forest Service may continue use of aerial fire retardants to fight wildfires
Last week, the U.S. District Court for the District of Montana issued a ruling in a case brought by Forest Service Employees for Environmental Ethics against the U.S. Forest Service seeking to enjoin the USFS’ use of aerial fire retardants during firefighting activities.
Forest Service Employees for Environmental Ethics, or FSEEE, filed the suit over what it said were repeated violations by the USFS of the Clean Water Act.
The court ruled that USFS may continue using aerial fire retardants while pursuing a Clean Water Act permit.
Ahead of the ruling, a broad coalition of communities and landholders affected by wildfires filed an amicus brief and participated in oral arguments supporting USFS’ ability to use aerial fire retardants.
Ken Pimlott, former director of Cal Fire, said the decision, handed down on Friday, will save lives.
“The aerial application of fire retardant is a critical part of the U.S. Forest Service’s firefighting strategy, and it unquestionably reduces a fire’s rate of spread, intensity, and danger to firefighters and the public,” said Pimlott. “Taking this tool away would undermine the health and safety of our communities and cause significant economic harm to businesses navigating the constant threat of wildfire. Because the court rightfully chose to prioritize public safety, Americans across the West can breathe a sigh of relief.”
On March 9, the California Forestry Association joined the Town of Paradise, California, which was devastated in the 2018 Camp Fire; Butte and Plumas counties, California; Rural County Representatives of California; American Forest Resource Council; National Alliance of Forest Owners; Federal Forest Resource Coalition; Montana Wood Products Association; Oregon Forest Industry Council; Washington Forest Protection Association; California Farm Bureau Federation; National Wildfire Suppression Association; and California Women for Agriculture in petitioning the U.S. District Court for the District of Montana to join the case brought in October 2022 by Forest Service Employees for Environmental Ethics.
On March 31, the U.S. District Court for the District of Montana granted the coalition the right to file an amicus brief and participate in the upcoming oral arguments on the summary judgment motion.
On April 14, the coalition filed an amicus brief in opposition to the motion by the Forest Service Employees for Environmental Ethics, or FSEEE, for summary judgment, which included a declaration in support of the putative intervenors’ opposition to the plaintiff’s motion for summary judgment from Ken Pimlott, former director of the California Department of Forestry and Fire Protection.
On April 24, the Court heard oral arguments from FSEEE, USFS and the coalition of amici curiae.
Matt Dias, president and CEO of the California Forestry Association, said the decision is a victory for communities and industry stakeholders whose livelihoods depend on the Forest Service’s ability to successfully fight catastrophic wildfires.
“Fire retardant is one of the most important tools we have in our toolbox, and the court’s decision to safeguard this tool was ultimately a decision to prioritize lives, land, businesses, and forested environments. I am grateful to the court for considering how truly important this decision was to California forests and the American West as a whole,” Dias said.
“No one knows the damage that these fires can cause more so than communities like mine. We lost our town to one of the biggest fires in California history, so this case was very personal for us. Our brave firefighters need every tool in the toolbox to protect human lives and property against wildfires, and today’s ruling ensures we have a fighting chance this fire season,” said Paradise Mayor Greg Bolin.
“Our farmers and ranchers face severe threats from wildfires that can occur in national forests and spread to agricultural lands, and they rely on state and federal agencies to use every tool possible to fight these fires,” said Jamie Johansson, president of California Farm Bureau. “Continuing the use of aerial fire retardants will save the lives of livestock, preserve grazing operations, and protect our rural agricultural communities from peril.”
“Catastrophic wildfires can endanger fish and wildlife species, compromise air quality, and threaten the safety of Washington’s communities,” said Jason Spadaro, executive director of the Washington Forest Protection Association. “The greatest threat of catastrophic wildfire today is in U.S. National Forests, and because fire ignores ownership boundaries, private forest landowners rely on U.S. Forest Service to deploy aerial fire retardants to suppress these wildfires. This decision will protect healthy, sustainable forests across Washington State, benefiting our air and water quality as well as the flourishing wildlife habitats in and around our forests.”