Get FREE NRO Newsletters

 

June 11 Issue  |  Subscribe  |  Renew


New on NRO . . .
Close
Environmentalists against the Environment
In a new case, the economic stakes are huge.

By John Gordon


Archive Latest RSS Send

A forest road in Washington State


Text  

Following outrage over its Keystone Pipeline decision, the Obama administration faces another choice pitting green activists against American workers. This time, siding with environmental activists would actively hurt the environment.

The case — Georgia-Pacific West v. Northwest Environmental Defense Center — challenges long-established Clean Water Act rules about runoff from logging roads. In May, the Ninth Circuit Federal Court of Appeals determined that these roads come under the same section of the law as factories, mines, and chemical plants, not — as had been understood since passage in 1972 and amendment in 1987 — the section governing agriculture. The difference is that industrial facilities must obtain permits, which involve rigid rules and long reviews, and can be challenged in court. Agricultural regulations emphasize results, not lawsuits.

Advertisement

In December, the Supreme Court asked for the Justice Department’s opinion on whether to hear the case. Solicitor General Donald B. Verrilli Jr. will file a brief in the next few weeks. If the Supreme Court decides not to hear the case, the interpretation of the Ninth Circuit will become the law throughout California, Oregon, Washington, Idaho, Montana, Nevada, Arizona, Alaska, and Hawaii.

The economic stakes are huge. Industrial facilities must obtain a permit for every pipe that empties into a lake, river, or stream. For a factory or chemical plant it is a relatively simple job to identify these discharge points, impose pollution controls, and measure the quality of water draining from them. Forest roads are different.

Washington State, for example, has 57,000 miles of them, with at least one drain point per mile. But now the Circuit Court panel has decreed that each flow-way must be permitted or shut down. By one estimate, processing a single Clean Water Act approval costs a state $2,800, meaning the decision could saddle Washington alone with a $159.6 million bill.

Worse, if every ditch and drain is a potential cause of action, a paralyzing volume of litigation will follow, bringing the West’s logging industry to its knees. In fact, three days after the Ninth Circuit acted, activists announced plans for follow-on suits. Congress has since halted permit processing until the fall, to give the Supreme Court time for review. As Senator Ron Wyden (D., Ore.) has said, allowing the decision to stand would “shut down forestry on private, state, and tribal lands” in the states in which it applies.

Endangered, too, will be thousands of resorts, ranches, and communities scattered amid the circuit’s forestlands and dependent on the same roads loggers use. Controlling forest fires will become harder, posing even greater threats to everyone nearby as well as to firefighters. And regional sawmills, paper mills, and all who depend on western wood will suffer. By some estimates as many as a million jobs are in jeopardy.

For what? Not environmental protection.

The current use of “best management practices” is better for minimizing silting of lakes and streams than permitting every ditch and culvert (as the ruling mandates) or shutting down logging roads and reducing vital access to huge forested areas (as it would inevitably do).

1   2   Next >
Text  

You Might Also Like...

Franc: Is the Constitution a Republican Plot?

Montford& Ambler: Climategate Continues

Weigel: The Mandate War

Murdock: Bald Eagles Fall to Green Energy

von Spakovsky: Dishonest, Dishonorable, and Illegal

Michaels: Guilt by Association



COMMENTS   13

EXPAND  

Reaganite61
   02/23/12 08:24

Gee Mr. Wyden, now it's your ox that's being gored. In my opinion, you and all of the left coast should and, regrets for being blunt, sit down, shut up and take your medicine. Possibly you might want to celebrate the huge benefit the essential end of logging would provide the environment.

Don't worry, I'm certain that we can get lumber from China...

Reply to this commentLinkReport Abuse
Robin H
   02/23/12 08:25

They will not be happy until every industry in the US is shut down and we're all living in grass huts. Our air and water are cleaner now than they've ever been before. When was the last time we had an outbreak of disease related to water quality? These nuts need to move to some other country and try to get the governments there to at least have potable water for all its' citizens.

Reply to this commentLinkReport Abuse
Joel N.
   02/23/12 09:41

It's not about the environment. It's about a bunch of Neo-Luddites trying to keep our wild areas free of any human activity, ever.

Reply to this commentLinkReport Abuse
Sean Gillhoolley
   02/23/12 09:56

I am curious, what is the cost of allowing pollutants into rivers and lakes?

Reply to this commentLinkReport Abuse
Wildhorse
   02/23/12 18:20

I'm curious; what polluitant would you be referring to?
Silt? Mud? Sand? A few bark chips?

They're not hauling nuclear waste along these forest roads.

Reply to this commentLinkReport Abuse
   02/24/12 15:14

I am curious. How much will the cost of goods made from wood increase due to the impractical controls that are required by this ruling?

Reply to this commentLinkReport Abuse
Greg Potter
   02/25/12 18:00

Sand! The the largest pollutant by volume in my home state of Michigan streams. It has many of the same properties as cement once it enters the stream (not much lives in it) plus it's harder to remove. Much of the sand in Michigan is heritage sand from the logging era in the 1800s. More profits were made from Michigan logs than California gold. Of coarse it was a boom and bust industry that's long gone. Unfortunately our streams were changed forever, grayling.the fish they named the town for can no longer live in the warmer, wider and sandier streams of northern Michigan.

In Michigan we have to permit almost all work in or near lakes and streams including culverts, road crossings, even bank stabilization and habitat restoration, on both public and private land. This involves planning, submitting drawings for approval and sometimes adapting projects, which can all be frustrating, but often we end up with better projects.

Reply to this commentLinkReport Abuse
Insearchofaleader
   02/23/12 16:00

This is so ironic, it is finally hitting them in their "pocket book"!! The west coast is killing itself and it is so blind with idealism that they won't see it until it is too late!!!

They cut off water to farmers in mid California(some of the best land in the world) it costs thousands of jobs and why - to protect a supposed fish called the delta smelt!!! We had some of the best vegetables and fruits in the world. Exporting everywhere. Now we import and are paying $3.00 a head for lettuce and $5.29 for a gallon of regular gas.

California is loosing thousands of businesses and workers a year because of all of their regulations. (You can't even throw a football or a Frisbee on an LA beach without a $1000.00 fine)

The teachers unions have taken over the education system and it is one of the worst in the country. (Perhaps you may be following all of the child molestations that are being exposed in LA county.)

You can't drill off of the coast of Santa Barbra (even tho the locals want to) because of the environmentalist - but the Chinese are - go figure!!!

Now they want to close down the logging industry!!!

And make no mistake - If Obama is reelected - they will not only close it down - they will be closing down a lot more!!!!

This is just of taste of what they will do when they don't have to fear reelection. Wake up and vote them out now before it is tooooooooo late!!!

Reply to this commentLinkReport Abuse
John Walker
   02/24/12 07:30

ubi solitudinem faciunt, pacem appellant

Reply to this commentLinkReport Abuse
   02/24/12 15:07

Wow! Wyden better be careful; between this and the Ryan-Wyden Medicare reform bill, he's starting to sound almost (gasp!) conservative!

Reply to this commentLinkReport Abuse
   02/24/12 15:17

What's next? Permitting the storm sewer drains in the parking lot at the local mall? That would not be a giant leap. This all leads us down the road of the government regulating the individual or requiring private businesses to be the middle man passing their regulatory burden onto the individual citizens.

The problem with socialists is they always look at the group as a whole and how the group is impacted. They care not for the individual.

Reply to this commentLinkReport Abuse
R Chase
   03/17/12 12:01

I don't understand why anyone is at all surprised with this Court decision. As the Bible says, you reap what you sow. The whole scope of forest management in recent years has been actively tilted in the direction of alleged "environmentalism" by our forestry schools (led by Yale, as a matter of fact) and the profession is now taken over by self proclaimed environmentalists. Consequently, forest management now means that all forest lands are to be left undisturbed, and court decsisions and legislation are directed at enforcing that philosophy.

Reply to this commentLinkReport Abuse
John Gordon
   03/20/12 11:42

The Yale School of Forestry and Environmental Studies does in fact teach ecologically sound, environmentally sensitive forest practices and policies. These include timber harvesting, road and other infrastructure creation and maintenance, the protection and enhancement of watersheds and biological diversity, and the provision of forest-based recreation. The School demonstrates its commitment to sound forestry on its own forestland, from which it harvests significant quantities of timber. It has, indeed, been a leader in forest thought for over a century, and I thank R. Chase for pointing this out. I suggest he contact current faculty members at the School for a more nuanced description of what goes on there.

Reply to this commentLinkReport Abuse

Add a Comment

Already Registered? Log In Here.


The content of this field is kept private and will not be shown publicly.


* Designates a required field.
© National Review Online 2012
All Rights Reserved.
Subscriptions
NR / Print
NR / Digital

Gift Subscriptions
NR / Print
NR / Digital
NR Apps
iPhone/iPad
Android

NRO Apps
iPhone
Support Us
Donate
Media Kit
Contact