This commentary is by Patrick Parenteau, of Thetford Center; David L. Deen, of Westminster; Peter DesMeules, of Norwich; and Andrew D. Cliburn, of Norwich. Parenteau is a professor of law emeritus and senior fellow for climate action at the Vermont Law and Graduate School and the former commissioner of the Vermont Department of Environmental Conservation. Deen is the former chair of the Vermont House Committee of Natural Resources and Energy. DesMeules is a lawyer and a partner at DesMeules, Olmstead & Ostler, a law firm that provides legal services in the state and federal courts in Vermont and New Hampshire. Cliburn is a lawyer at DesMeules, Olmstead & Ostler.
Vermonters recently received some unsolicited advice from Brooklyn on how to manage our forests in the wake of an increasing number of wildfires driven by climate disruption.
James Campbell, the author of the commentary, “How the ‘Fix Our Forests Act’ protects Vermont’s future,” urges Sen. Peter Welch, D-Vt., who sits on the Senate Agriculture Committee that oversees the U.S. Forest Service to support S.1462, dubbed the “Fix Our Forests Act.” But the commentary paints a misleading picture of what the Fix Our Forests Act does and how it would facilitate President Donald Trump’s executive order mandating increased logging on the National Forests.
First, the Fix Our Forests Act exempts a new ill-defined class of “hazardous fuels management activities” (think clearcut logging) from the requirements of the National Environmental Policy Act and the Endangered Species Act.
The National Environmental Policy Act and the Endangered Species Act has become the scapegoat for unnecessary delays in forest management — but the data shows that the vast majority of projects are processed quickly using existing legal authorities. In fact, budget cuts and staff layoffs like the ones orchestrated by the Department of Government Efficiency and Trump are primarily responsible for whatever delays there may be.
The Fix Our Forests Act also exempts forest management plans from the consultation requirements of the Endangered Species Act when new information indicates that they pose a threat to threatened or endangered species
Second, the Fix our Forests Act limits the opportunities for affected communities to participate in decisions with significant impacts on their quality of life. The National Environmental Policy Act and the Endangered Species Act is a principal mechanism for the public to be informed about proposed changes in forest management and weigh in with comments and suggestions.
The National Environmental Policy Act and the Endangered Species Act ensures that decisions are scientifically informed and based on public input for better stewardship of natural resources. We have seen this repeatedly in the management of our beloved Green Mountain National Forest.
Third, the Fix our Forests Act places new obstacles to gaining judicial review of questionable decisions by an administration that has shown utter contempt for the rule of law. The Fix our Forests Act limits the time to seek judicial review to 120 days after the date of publication of a notice in the Federal Register that the agency intends to carry out a management project. More alarmingly, it allows forest management projects to proceed even when a court finds that they violate federal law.
Finally, the Fix our Forests Act paves the way for increasing road density and removing large old trees that are fire resistant. Older trees also store a disproportionately high amount of carbon, helping to mitigate the effects of climate change. Road density has been linked with an increase in human-caused wildfires. In plain terms: More roads mean more wildfires.
Effective wildfire prevention starts by funding and staffing key agencies and investing in proven fire-mitigation techniques like home hardening and science-based forest management. The Fix our Forests Act does neither.
We all want healthy forests and clear summer skies. But the Fix our Forests Act is a false promise that will cut the public out of most forest management decisions and curtail judicial oversight at a time when accountability of government officials is more important than ever. We are counting on Welch to do the right thing and oppose this ill-conceived “fix.”
