2008 Telegraph Fire in Mariposa County
Sierra Sun Times file photo

July 3, 2020 - SACRAMENTO – California Attorney General Xavier Becerra on Thursday submitted a comment letter opposing a proposal by the U.S. Bureau of Land Management (BLM) to categorically exclude timber salvage projects of up to 5,000 acres in size from environmental review under the National Environmental Policy Act (NEPA). Salvage logging is the practice of logging trees that have been damaged by wildfire, insect infestation and disease, drought, and other disturbances. BLM's proposal to largely exclude salvage logging from environmental review is likely to have significant environmental impacts, including soil disturbance, erosion, wildlife impacts, and the spread of non-native and invasive species. In the comment letter, the coalition argues that the proposal unnecessarily shuts out public participation and fails to offer any justification for the twenty-fold increase in the size of projects that are excluded from environmental review.

“At this critical juncture in the fight against climate change, we need our leaders to step up, embrace science, and propose solutions,” said Attorney General Becerra. “Instead we have an Administration that consistently skirts the law and panders to corporate interests at the expense of California’s wildlife and habitats. BLM’s proposal to exempt certain logging projects from environmental review not only fails to protect the environment but endangers California communities who are at increased risk of wildfires as a result of the growing climate threat.”

In California alone, BLM administers 15.2 million acres of public lands, equal to nearly 15 percent of the state’s land area. BLM lands in California provide habitat for 34 animals and 68 plants listed as endangered or threatened under the federal Endangered Species Act, including bighorn sheep and Pacific fisher. BLM lands also provide habitat to numerous other sensitive species, such as the California spotted owl. As a result, California has a strong interest in safeguarding adequate environmental review and ensuring full public disclosure of environmental impacts for federal projects. 

Enacted in 1969, NEPA is one of the nation’s foremost environmental statutes. NEPA requires that before any federal agency undertakes a “major federal action significantly affecting the quality of the human environment,” it must consider the environmental impacts of the proposed action, alternatives to the action, and any available mitigation measures.

BLM’s proposal would significantly expand an existing categorical exclusion for timber salvage projects from the current limit of 250 acres to projects up to 5,000 acres, allowing these projects to bypass any environmental review or public process under NEPA. In the comment letter, the coalition argues that the proposed rule is arbitrary and capricious in violation of the Administrative Procedure Act and NEPA because BLM:

• Fails to justify the need for a twenty-fold increase in the size of salvage logging projects that are excluded from public participation and environmental review;
• Cannot prioritize economics and efficiency at the expense of statutory factors that agencies are required to consider under NEPA; and
• Would categorically exclude projects that are likely to have significant environmental impacts from the requirements of NEPA.

A copy of the comment can be found here.
Source: CA. DOJ