Endangered Retardant?
GRANTS PASS, Ore. (AP) - The Bush administration decided not to
consult with government agencies on the potential harm to
threatened and endangered fish from fire retardant dropped on
wildfires, despite advice to do so from the agencies, according to
documents emerging in a lawsuit.
The documents were released Thursday by the Forest Service
Employees for Environmental Ethics after obtaining them from the
government as part of their lawsuit over fire retardant use filed
last October in U.S. District Court in Missoula, Mont.
"The public needs to know that if the judge orders retardant
use to be stopped, it's because the government chose to break the
law, and it knew better," said Andy Stahl, director of the Eugene,
Ore.-based environmental group made up of Forest Service employees.
"We could avoid that outcome. The way to do that is for the
government to agree it has to write an environmental impact
statement and involve the public in deciding how we manage fire on
public lands, something the government has never done in 100
years."
Fire retardant dropped from air tankers contracted by the Forest
Service contains sodium ferrocyanide, which breaks down to form
hydrogen cyanide, which kills fish when it is mixed with water and
exposed to sunlight, the lawsuit contends. At least three fish
kills from fire retardant falling in streams have been acknowledged
by the government.
In allowing timber interests to intervene in the lawsuit, Judge
Donald W. Molloy wrote that if the environmental group wins its
lawsuit, the Forest Service will have to stop using fire retardant
until it complies with the law.
The lawsuit claims the Forest Service has violated the National
Environmental Policy Act by failing to go through a public review
of the environmental effects of dropping retardant.
It also argues the Forest Service violated the Endangered
Species Act by failing to consult with the U.S. Fish and Wildlife
Service and NOAA Fisheries, which have jurisdiction over threatened
and endangered fish, on the lethal effects of fire retardant on
bull trout and salmon.
Spokesmen for the Forest Service and for Mark Rey, agriculture
undersecretary for natural resources and the environment, said they
could not comment on pending litigation.
Stahl said a motion for discovery in the case produced hundreds
of documents loaded onto a CD marked with the case number.
Among them were:
- A June 23, 2003 briefing paper prepared by Rick Sayers, the
Fish and Wildlife branch chief for Endangered Species Act
consultation.
It said Fish and Wildlife and NOAA Fisheries had told the Forest
Service that the Endangered Species Act required them to consult
with the agencies before contracting for and using fire retardant
on wildfires.
It added that an environmental review of fire retardants should
be done before buying new supplies.
Application guidelines, which include 200-foot buffers along
streams, are not sufficient to protect fish, and do not include
permission to inadvertently kill threatened and endangered fish,
the briefing paper said.
- A June 30, 2003 memo from Tom Harbour, Forest Service deputy
director of fire and aviation. Harbour wrote that he was told by
Dave Tenny, deputy undersecretary of agriculture for natural
resources, that he, Rey and an unnamed undersecretary of interior
had met. They decided "there would NOT be formal consultation on
retardant use." Instead, they would cooperate with Fish and
Wildlife and NOAA Fisheries on appropriate guidelines.
- A June 26, 2003 Forest Service and Interior Department
briefing paper on fire and aviation management. It noted that Fish
and Wildlife and NOAA Fisheries advised the Forest Service must
consult with them over the use of fire retardant as called for by
the Endangered Species Act. The agencies said they should also do
an environmental review under the National Environmental Policy
Act. A list of options noted that "legal vulnerability is high"
if they decided against consultation.
The briefing paper noted that more than 11,000 loads of fire
retardant are dropped annually on 6,500 acres in the course of
fighting wildfires. In the previous two years, retardant went into
streams eight times, resulting in three fish kills.
"The Forest Service maintains that this level of overflight,
spills and fish kill would not jeopardize the continued existence
of any listed species," the briefing paper said. "Additional
guidance will not increase protection of fish where life or
property are threatened, or reduce the risk of an accidental
spill."
(Copyright 2004 by The Associated Press. All Rights Reserved.)
GRANTS PASS, Ore. (AP) - The Bush administration decided not to
consult with government agencies on the potential harm to
threatened and endangered fish from fire retardant dropped on
wildfires, despite advice to do so from the agencies, according to
documents emerging in a lawsuit.
The documents were released Thursday by the Forest Service
Employees for Environmental Ethics after obtaining them from the
government as part of their lawsuit over fire retardant use filed
last October in U.S. District Court in Missoula, Mont.
"The public needs to know that if the judge orders retardant
use to be stopped, it's because the government chose to break the
law, and it knew better," said Andy Stahl, director of the Eugene,
Ore.-based environmental group made up of Forest Service employees.
"We could avoid that outcome. The way to do that is for the
government to agree it has to write an environmental impact
statement and involve the public in deciding how we manage fire on
public lands, something the government has never done in 100
years."
Fire retardant dropped from air tankers contracted by the Forest
Service contains sodium ferrocyanide, which breaks down to form
hydrogen cyanide, which kills fish when it is mixed with water and
exposed to sunlight, the lawsuit contends. At least three fish
kills from fire retardant falling in streams have been acknowledged
by the government.
In allowing timber interests to intervene in the lawsuit, Judge
Donald W. Molloy wrote that if the environmental group wins its
lawsuit, the Forest Service will have to stop using fire retardant
until it complies with the law.
The lawsuit claims the Forest Service has violated the National
Environmental Policy Act by failing to go through a public review
of the environmental effects of dropping retardant.
It also argues the Forest Service violated the Endangered
Species Act by failing to consult with the U.S. Fish and Wildlife
Service and NOAA Fisheries, which have jurisdiction over threatened
and endangered fish, on the lethal effects of fire retardant on
bull trout and salmon.
Spokesmen for the Forest Service and for Mark Rey, agriculture
undersecretary for natural resources and the environment, said they
could not comment on pending litigation.
Stahl said a motion for discovery in the case produced hundreds
of documents loaded onto a CD marked with the case number.
Among them were:
- A June 23, 2003 briefing paper prepared by Rick Sayers, the
Fish and Wildlife branch chief for Endangered Species Act
consultation.
It said Fish and Wildlife and NOAA Fisheries had told the Forest
Service that the Endangered Species Act required them to consult
with the agencies before contracting for and using fire retardant
on wildfires.
It added that an environmental review of fire retardants should
be done before buying new supplies.
Application guidelines, which include 200-foot buffers along
streams, are not sufficient to protect fish, and do not include
permission to inadvertently kill threatened and endangered fish,
the briefing paper said.
- A June 30, 2003 memo from Tom Harbour, Forest Service deputy
director of fire and aviation. Harbour wrote that he was told by
Dave Tenny, deputy undersecretary of agriculture for natural
resources, that he, Rey and an unnamed undersecretary of interior
had met. They decided "there would NOT be formal consultation on
retardant use." Instead, they would cooperate with Fish and
Wildlife and NOAA Fisheries on appropriate guidelines.
- A June 26, 2003 Forest Service and Interior Department
briefing paper on fire and aviation management. It noted that Fish
and Wildlife and NOAA Fisheries advised the Forest Service must
consult with them over the use of fire retardant as called for by
the Endangered Species Act. The agencies said they should also do
an environmental review under the National Environmental Policy
Act. A list of options noted that "legal vulnerability is high"
if they decided against consultation.
The briefing paper noted that more than 11,000 loads of fire
retardant are dropped annually on 6,500 acres in the course of
fighting wildfires. In the previous two years, retardant went into
streams eight times, resulting in three fish kills.
"The Forest Service maintains that this level of overflight,
spills and fish kill would not jeopardize the continued existence
of any listed species," the briefing paper said. "Additional
guidance will not increase protection of fish where life or
property are threatened, or reduce the risk of an accidental
spill."
(Copyright 2004 by The Associated Press. All Rights Reserved.)
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