Thursday, June 8, 2023

Forest Fires in US East Coast and Canada: Blame the 2015 Cottonwood Ruling

 

The Cottonwood decision and the environmental resistance to forest thinning fuels the raging fires in Canada and the U.S East Coast.  As the Forest Service remains hostage to the left, and the smoky taste of congressional inaction lingers, the East Coasters are grasping for a breath.  


The smoke tendrils have made their way to the East Coast of the United States, providing a bittersweet taste of the West's wildfire devastation. Perhaps the persistent haze will kindle a burning sense of urgency in Congress to overturn the catastrophic Cottonwood ruling of the Ninth Circuit Court of Appeals, which is impeding progress toward better forest management.

As smoke blankets the East Coast, its presence is expected to linger for days, possibly longer if the Canadian flames burn unchecked. Prime Minister Justin Trudeau conveniently blames climate change, using it as a handy scapegoat, disguising the underlying inadequacies of government policies that worsen the havoc inflicted by natural disasters.

Fires that have long destroyed Canada's boreal woods, ornamented with conifers, birch, and poplar, have become less frequent over the years, like a smokescreen. However, the growing stockpile of timber fuel has ignited the possibility of a record-breaking year in terms of acres burned. Environmentalists, acting as reluctant firemen, have fought critical forest thinning, adding fuel to the flames of these disastrous fires.

 

Legislative Lamentations

For thousands of years, fires have basically "danced" through Canada's boreal forests, providing a blazing stage. While the number of fires has been decreasing since the early 1990s, the year 2020 saw the fewest infernos in three decades. Yet, beneath the surface, the acreage burned continues to spread like a raging wildfire, fed by an accumulation of timber ready to catch fire. As the year progresses, it threatens to break records and roast the land.

The main foe fueling the fires in the fiery battleground of Canada and the United States is environmentalists' opposition to reducing overgrown woods. While the government has become more cognizant of forest management issues, employees with the US Forest Service are still constrained by the Cottonwood judgment from 2015. This order, like a smoky haze, requires the EPA to cooperate with other entities on land management plans whenever a new endangered species is identified or a "critical habitat" is declared.

With over 1,300 species on the verge of extinction, environmental advocacy groups actively push for new designations, burying forest officials in paperwork and delaying critical management initiatives. This collision of opinions even sparks disagreements inside the judicial system, as the Tenth Circuit judicial of Appeals disagrees with Cottonwood's criteria. As a result, the Forest Service is pulled between various management systems, resulting in a perplexing dance among Ninth Circuit states.

While a temporary solution was introduced in the form of a 2018 appropriations bill provision that provided a five-year exemption from Cottonwood's consultation requirement, this reprieve evaporated with the approach of spring. The Forest Service becomes a hostage to the left once more, mired in a maze of bureaucracy and legal entanglements. Sens. Steve Daines, Jon Tester, James Risch, Mike Crapo, and Angus King have banded together to support legislation to reverse Cottonwood's negative consequences. Their passionate messages to President Biden emphasize how this judgement fosters frequent litigation, hinders essential animal habitat and forestry projects, and diverts valuable federal resources away from critical conservation efforts.

The rider's expiration has now put a shadow over more than 100 forest plans, necessitating a new round of consultation. While there was a glimmer of light in the form of a bipartisan Senate remedy passing the Energy and Natural Resources Committee, the White House's pleas were met with the sound of a falling tree in the vast forest. Members of Congress from Western states, however, are all too familiar with this shroud of uncertainty as smoke fills the halls of power in Washington, D.C. In this uncertain picture, there is a glimmer of hope that it will serve as a wake-up call for President Biden to the fundamental underlying problem.

The flames that lick the sky hold a figurative mirror in the conflict between nature's fury and human intervention, showing the need for rapid and decisive response. Will Congress embrace the opportunity to overrule Cottonwood's verdict while smoke signals dance on the horizon, or will the flames rage on, consuming the forests we cherish? Only time will tell if the embers of change will light a road to better forest management.

The fate of our woods is at stake at this vital juncture. Once again, the flames are a metaphor for the urgency we face, compelling us to act quickly to prevent greater devastation. The road ahead is obvious, and the moment to take action is now. Congress must seize the opportunity to overrule Cottonwood's decision, put out the opposition fires, and usher in a new era of responsible forest management. The smoke signals are reaching out for our attention. Let us take their message to heart and save the natural treasures that tie us to the world.

 

 

 

 

 

Notes

 

Downey, H. (2022, August 30). The Cottonwood Fix Means a Return to Healthy Forests. Retrieved from Frontier Institute: https://frontierinstitute.org/the-cottonwood-fix-means-a-return-to-healthy-forests/

Montana Public Radio. (2017, October 24). Senators Draft Legislation To Reverse 'Cottonwood Decision'. Retrieved from https://www.mtpr.org/montana-news/2017-10-24/senators-draft-legislation-to-reverse-cottonwood-decision

Voice of America. (2023, June 8). US East Coast Continues to Grapple with Wildfire Smoke Billowing from Canada. Retrieved from VOA News: https://www.voanews.com/a/us-east-coast-continues-to-grapple-with-wildfire-smoke-billowing-from-canada-/7129265.html

Wall Street Journal. (2023, June 8). A Smoke Signal on Forest-Fire Management. Retrieved from https://www.wsj.com/articles/forest-fires-cottonwood-decision-ninth-circuit-forest-management-f3ae0926?mod=opinion_lead_pos3

 

 

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