It is rare that an issue arises that brings together representatives of labor and industry, as well as Democrats and Republicans, in a common purpose. But a recent misguided ruling from the 9th U.S. Circuit Court of Appeals that undermines 35 years of established Environmental Protection Agency policy on forest roads is doing just that.
We are concerned because this ruling opens the door to regulatory chaos and a tsunami of litigation that will do little or nothing to improve the health of our forest lands.
The court declared that each drainage pipe or ditch on tens of thousands of miles of logging roads should be treated as if it were a discharge from a factory or coal-burning plant. This means that forest owners and workers face a new and needless layer of bureaucratic regulation, and it opens the door to potentially hundreds of costly lawsuits and permitting battles, creating paralysis in timber country and costing thousands of jobs.
The regulatory issues involved are complicated, but the consequences are easy to understand. If this decision stands, the economic impact will be very serious. After Oregon, Washington is the second largest timber-producing state in the country. Half our state is forested, and the forestry industry here generates more than $5.8 billion annually and $4.8 billion in payroll.
That payroll supports more than 130,000 jobs, many in rural communities with high unemployment rates. Our forests are a sustainable, renewable economic engine that is now being put at risk by this ruling, at a time when unemployment is already far too high.
We already have a strong regulatory system for forestry in Washington, one that works well to protect our environment while allowing for sustainable timber harvest. That is why forest owners like Weyerhaeuser are calling for congressional action to correct the flawed decision. It is why the Washington State Labor Council recently passed a unanimous resolution asking for the same.
We’re pleased to see that our elected leaders, on a bipartisan basis, are coming to understand the need for action. Sen. Ron Wyden of Oregon, a strong Democratic proponent of the Clean Water Act, is the prime Senate sponsor of recently introduced legislation to restore existing EPA policy.
Here in Washington, Reps. Norm Dicks, Jaime Herrera Beutler and Cathy McMorris Rogers – a Democrat, respectively, and two Republicans – have sponsored the corrective legislation in Congress, while Rep. Rick Larsen, another Democrat, has written to the EPA expressing his concern about the decision.
That is a good start, but Congress needs to move quickly on passing the proposed legislation before irreversible damage is done to our economy and our quality of life.
This is especially true because a new layer of federal permitting is so unnecessary and counterproductive. In our state, forest owners are already required to implement comprehensive plans to minimize the impact of forestry operations on water quality.
Our science-driven Forests and Fish Law, endorsed by the federal government in 2006, includes high standards and comprehensive rules to protect streamside areas. It has led to the development of nearly 10,000 new road maintenance plans to improve how we build and maintain forest roads across the state.
Guided by these plans, we are working every day to better protect and manage our forests to ensure the health of our watersheds. Replacing our current efforts with a system that will require thousands of narrowly focused permits without regard for the overall condition of the affected watersheds is a case of losing sight of the forest for the trees.
Under the new regime, every use of forest roads will now be subject to federal permitting, and each permit will be subject to potential lawsuits. It is a recipe for paralysis, not good forest management. As Sen. Wyden said in introducing the new legislation, this decision will unleash “an epidemic of litigation and appeals” that threatens the survival of the timber industry.
That means serious negative consequences for our economy without any real environmental benefit. That is why we are all coming together now to urge Congress to move quickly to restore the Clean Water Act’s long-standing treatment of forestry.
Tom Gideon is executive vice-president for Timberlands at Weyerhaeuser. Bob Guenther is president of the Thurston Lewis Mason Central Labor Council.
JOIN THE DISCUSSION | Register here
We welcome comments. Please keep them civil, short and to the point. ALL CAPS, spam, obscene, profane, abusive and off topic comments will be deleted. Repeat offenders will be blocked. Thanks for taking part — and abiding by these simple rules. A thorough explanation of rules of conduct can be found in our Terms of Service. If you have any questions, including why your comment may not be showing immediately after you submit it, be sure to visit the commenting FAQ.