The Forest Roads CampaignIs it working? Are we winning? What’s next? Dave Tenny President and CEO National Alliance of Forest Owners
The Forest Roads Campaign National Alliance of Forest Owners Membership • 70 members • 80 Million Acres • 47 StatesNAFO is dedicated to protecting and enhancing the economicand environmental value of privately owned forests throughtargeted policy advocacy at the national level.
The Forest Roads Campaign NEDC v. Brown (9th Circuit Court of Appeals)Policy: Forest roads used for timber harvest are pointsources and must receive industrial discharge permits under theClean Water Act the same as confined industrial polluters.Result: Working forests move from being a Clean Water Actsolution to a Clean Water Act problem.
The Forest Roads Campaign 9th Circuit Decision Economic Impacts$650 - $880 million per year in the NW$420 million - $4 billion per year in the South$100 million - $1 billion in the Lake States andNortheast (permit cost only)New litigation exposure – CWA citizen suits
The Forest Roads Campaign Forest Roads 2012 Campaign Target StatesTarget States
The Forest Roads Campaign Forest Roads Campaign 2011: Oregon “Regulation by litigation puts the power of public policy in the hands of private groups that file lawsuits. It takes it away from the elected branches of government.” “. . . because the Clean Water Act allows citizen lawsuits, virtually every logging project anywhere in Oregon could be challenged. Thats the last thing that the Oregon timber industry needs as it struggles to compete with timber producers in other parts of the country and the world, none of which face this regulation of forest roads.” Legislation Kitzhaber seeksDirect Advocacy Introduced/Field Supreme Court Impact Begins Campaign Begins review May 2011 July 14, 2011 July 25, 2011Advocacy begins Earned media and Governor Kitzhaber Support fromwith Sen. Wyden grass tops efforts announces he will political leaders inand Rep. Schrader begin. Sen. Wyden seek Supreme Oregon helps toon legislation and and Rep. Schrader Court review of 9th advance the issueGov. Kitzhaber on introduce bipartisan Circuit Decision in Congress andSupreme Court legislation. Administration..petition.
The Forest Roads Campaign Who Supports S. 1369 and H.R. 2451?Association of Fish and Wildlife Boone & Crockett ClubAgencies Campfire Club of America Congressional Sportsman’sAssociation of Water Pollution FoundationControl Agencies Ducks Unlimited National Wild Turkey FederationNational Association ofConservation Districts North American Bear Foundation North American Grouse PartnershipNational Association of State Quality Deer Management AssociationDepartments of Agriculture Rocky Mountain Elk Foundation Ruffed Grouse SocietyNational Association of State Safari Club InternationalForesters United States Sportsman’s Alliance Whitetails Unlimited Wildlife Management Institute Wild Sheep Foundation
The Forest Roads Campaign Forest Roads Campaign Results Interior Appropriations – Language ofS1369 included in 2011 Omnibus Appropriations Bill. Supreme Court – Reviewing 9th CircuitRuling.
The Forest Roads Campaign States Joining Supreme Court BriefsJoined Brief
The Forest Roads Campaign Supporting BriefsNGA/NACo NAHBSAF/NASF/Academics MT States Legal FoundationOR/ID Counties NAFORuffed Grouse Law ProfessorsNFIB AFBFUSCOC AFRCNAHB Pacific Legal Foundation
The Forest Roads Campaign Ongoing Threats Narrow Supreme Court Decision – Ninth Circuit again declares roads as point sources Further Litigation – over EPA’s finalrule/further application of stormwater rules Further EPA Rulemaking – regulating some roads as point sources under stormwater rules
The Forest Roads Campaign What’s NextLegislation in Lame Duck Session – Seekpermanent legislation following the electionSupreme Court Oral Argument – Convince theCourt to declare forest roads are nonpoint sourcesResponse to Supreme Court Ruling (if needed)