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Advocates also argue that the administration "must go further to protect and restore resilient old-growth forests in a way that meets the challenges of the changing climate."
Environmental groups on Thursday welcomed the U.S. government's latest progress on President Joe Biden's directive to protect old-growth forests, which are threatened by but also play a key role in combating fossil fuel-driven climate change.
The U.S. Department of Agriculture's (USDA) Forest Service announced a draft environmental impact statement for the proposed national old-growth forest plan amendment, which is set to appear in the Federal Register Friday, launching a 90-day public comment period.
"President Biden made a commitment to protect mature and old-growth forests in the United States, and today's announcement gets us one step closer to achieving that," said Sierra Club forest campaign manager Alex Craven. "Conserving what remains of our oldest forests is undoubtedly a positive step towards climate action."
"We look forward to engaging in this process to ensure the amendment not only retains, but increases, the amount of old-growth forests across the country," Craven continued. "Shifting our approach to national forests from resources meant for extraction to natural wonders worth preserving is long overdue."
"The Forest Service must fully meet President Biden's historic directive to protect old growth, as well as our much vaster mature forests, which still remain exposed to commercial logging."
On Earth Day in 2022, Biden issued an executive order—and a few months, he later signed the Inflation Reduction Act, which directed $50 million toward old-growth conservation. Since then, the Forest Service and Department of the Interior's Bureau of Land Management (BLM) have been working on efforts to conserve ancient U.S. trees.
"With our nation's forests absorbing more than 10% of our annual greenhouse gas emissions, protecting and expanding old growth is critical to delivering on the Biden-Harris administration's and conservation priorities," White House Council on Environmental Quality Chair Brenda Mallory said in a statement Thursday.
BLM and the Forest Service have completed a historic inventory, which showed that they collectively manage approximately 32 million acres of old growth and 80 million acres of mature forests nationwide. The service also recently finalized a related threat analysis.
"The Forest Service continues to move this process forward," Earthjustice senior legislative representative Blaine Miller-McFeeley said Thursday. "However, the Forest Service must fully meet President Biden's historic directive to protect old growth, as well as our much vaster mature forests, which still remain exposed to commercial logging under the proposal."
According toThe Associated Press, which obtained an early copy, the new analysis "shows that officials intend to reject a blanket prohibition on old-growth logging that's long been sought by some environmentalists" after concluding the policy "would make it harder to thin forests to better protect communities against wildfires that have grown more severe as the planet has warmed."
However, "the exceptions under which logging would be allowed are unlikely to placate the timber industry and Republicans in Congress, who have pushed back against any new restrictions," the AP reported.
As the Wilderness Society highlighted, the administration's proposal:
"We need the U.S. Forest Service to create a clear path for old-growth conservation paired with climate-informed wildfire management, if our oldest forests are to remain for generations to come," said the group's president, Jamie Williams. "The proposed national old-growth amendment is a step in the right direction, but it must go further to protect and restore resilient old-growth forests in a way that meets the challenges of the changing climate."
The new draft analysis comes as deadly wildfires rage in the U.S. West while extreme heat hits the Midwest and Northeast. Scientists stress that both fires and heatwaves are more likely because of the climate crisis.
"This is an enormous victory for our shared climate, the Colorado River and the communities that rely on it for clean water, abundant fish and recreation," said one campaigner.
U.S. Green groups and some Democratic politicians on Friday celebrated a federal appellate court's ruling that pauses the development of the Uinta Basin Railway, a project that would connect Utah's oil fields to the national railway network.
"The court's rejection of this oil railway and its ensuing environmental damage is a victory for the climate, public health, and wild landscapes," said WildEarth Guardians legal director Samantha Ruscavage-Barz. "The public shouldn't have to shoulder the costs of the railway's environmental degradation while the fossil fuel industry reaps unprecedented profits from dirty energy."
Although the ruling does not necessarily permanently block the project—which would cut through tribal land and a national forest—Carly Ferro, executive director of the Utah Sierra Club, similarly called the decision "a win for communities across the West and is critical for ensuring a sustainable climate future."
"From its onset, this project's process has been reckless and egregious. But today, the people and the planet prevailed," Ferro added. "We will continue to advocate for accountable processes to ensure a healthy environment where communities can live safely, and this win will help make that possible."
The panel found "numerous" violations of the National Environmental Policy Act "arising from the EIS, including the failures to: (1) quantify reasonably foreseeable upstream and downstream impacts on vegetation and special-status species of increased drilling in the Uinta Basin and increased oil train traffic along the Union Pacific Line, as well as the effects of oil refining on environmental justice communities the Gulf Coast; (2) take a hard look at wildfire risk as well as impacts on water resources downline; and (3) explain the lack of available information on local accident risk" in accordance with federal law, wrote Judge Robert Wilkins. "The EIS is further called into question since the BiOp failed to assess impacts on the Colorado River fishes downline."
As the The Colorado Sunreported Friday:
The Surface Transportation Board argued it did not have jurisdiction to address or enforce mitigation of impacts outside the 88-mile rail corridor.
The appeals court ordered the Surface Transportation Board to redo its environmental review of the project. But the court did not agree with Eagle County and the environmental groups led by the Center for Biological Diversity that the Uinta Basin Railway could lead to the opening of the long-dormant Tennessee Pass Line between Dotsero and Cañon City.
The court also did not wholly agree that the transportation board failed to adequately consider the climate impacts of burning the new crude, which could increase pollution and account for 1% of the nation's greenhouse gas emissions.
Still, the Center for Biological Diversity celebrated the decision, with senior campaigner Deeda Seed saying that "this is an enormous victory for our shared climate, the Colorado River, and the communities that rely on it for clean water, abundant fish, and recreation."
"The Uinta Basin Railway is a dangerous, polluting boondoggle that threatens people, wildlife, and our hope for a livable planet," Seed added. "The Biden administration needs to dismantle this climate bomb and throw it in the trash can where it belongs."
U.S. Sen. Michael Bennet and Congressman Joe Neguse, both Colorado Democrats, also welcomed the ruling in a joint statement.
"This ruling is excellent news," the pair said. "The approval process for the Uinta Basin Railway Project has been gravely insufficient, and did not properly account for the project's full risks to Colorado's communities, water, and environment. A new review must account for all harmful effects of this project on our state, including potential oil spills along the Colorado River and increased wildfire risk."
"An oil train derailment in the headwaters of the Colorado River would be catastrophic—not only to Colorado, but the 40 million Americans who rely on it," they added. "We're grateful for the leadership of Eagle County and the many organizations and local officials around Colorado who made their voices heard."
Speaking to Real Vail on Friday, Eagle County attorney Bryan Treu pointed to a Norfolk Southern that was carrying hazardous material when it derailed and burned in East Palestine, Ohio in February—an incident that has since fueled calls across the country for boosting rail safety rules and blocking projects like the Uinta Basin Railway.
"It seems like we read every month this last year about a derailment somewhere," said Treu. "So there's a lot to look at that. The circumstances have changed, and as this goes back to the Surface Transportation Board, they're going to be looking at all those things."
Reutersreported that while the STB declined to comment, "a spokesperson for the project—a public-private partnership that includes the Seven County Infrastructure Coalition, investor DHIP Group, and rail operator Rio Grande Pacific Corp—said developers are 'ready, willing, and capable of working' with regulators during additional reviews."
Meanwhile, some locals hope Friday's ruling is a step toward killing the project. Jonny Vasic, executive director for Utah Physicians for a Healthy Environment, said that "the people of Utah can breathe a sigh of relief. Hopefully this is the beginning of the end for the Uinta Basin Railway."
Campaigners blasted the rejection of their petition as "beyond disappointing" and "an appalling abdication of climate leadership."
As U.S. President Joe Biden seeks reelection as a climate and environmental justice champion, his administration on Thursday officially rejected a petition from over 360 organizations to phase out oil and gas extraction for public lands and waters by 2035.
"It's beyond disappointing that the administration has opted to deny our petition and hide behind other rulemaking efforts that are likely to prove ineffective in the long run in this code red climate moment," declared Hallie Templeton, legal director for Friends of the Earth.
"The U.S. and the world need bold action to phase out fossil fuels," she stressed. "We will keep fighting and holding federal officials accountable."
Climate and rights groups filed the legal petition in January 2022, as Common Dreams reported at the time. After the U.S. Department of the Interior (DOI) ignored the document for months, the organizations sued to compel a response in April.
In a reply released Thursday, Laura Daniel-Davis, principal deputy assistant secretary of land and mineral management at DOI, wrote that "I have considered your petition and have decided not to initiate the rulemaking you requested for the reasons discussed in this letter because the department has a robust rulemaking agenda already underway to address the climate crisis and implement reforms to our conventional energy programs, and has insufficient resources to undertake the proposed rulemaking at this time."
After detailing some of the department and administrative efforts underway, including under the Inflation Reduction Act that Biden signed last year, Daniel-Davis noted that "although your petition also sets out legal and scientific analyses to support the proposed rulemaking, I will not address those arguments here given the decision to deny the petition based on the competing priorities detailed above."
"I appreciate the thought and effort behind your petition," she concluded. "This administration shares your concerns regarding the urgency of the climate crisis and is directing its limited resources in an effort to address them."
Campaigners from groups behind the petition challenged Daniel-Davis' claims and accused the administration of serving Big Oil.
"To claim that the Biden administration doesn't have the resources to take real climate action on federal fossil fuels is vacuous and beyond hypocritical."
"Leaving the fossil fuel industry in control of the oil and gas spigot is an appalling abdication of climate leadership on public lands," said Taylor McKinnon of the Center for Biological Diversity. "To claim that the Biden administration doesn't have the resources to take real climate action on federal fossil fuels is vacuous and beyond hypocritical."
"This is the definition of lip service," McKinnon continued. "The administration acknowledges the urgency to address climate change and meanwhile avoids every opportunity to take meaningful action on the fossil fuels under its control."
Jeremy Nichols, climate and energy program director for WildEarth Guardians, was similarly frustrated, charging that "the Department of the Interior continues to bend over backward to accommodate the fossil fuel industry."
"If the department would actually take comprehensive and meaningful steps to aid our nation's transition away from oil, gas, and coal, and truly reduce greenhouse gas emissions, it would save them time and money and help spare this country the costly consequences of climate change," Nichols added.
The DOI letter and activists' frustration over it come as the Biden administration continues oil and gas lease sales on federal lands. This week's sale for 116 parcels totaling over 127,000 acres in Wyoming followed the federal government holding auctions for land in Kansas, New Mexico, North Dakota, and Oklahoma since late May.
Critics have highlighted that despite Biden's campaign promises to ban new oil and gas leasing for public lands and waters, his administration approved over 6,400 permits in its first two years, more than the same period for the previous administration.
"The Biden administration should be swiftly ending the era of fossil fuels, not expanding new drilling and dirty infrastructure," said Nicole Ghio, senior fossil fuels program manager at Friends of the Earth, in a Thursday statement.
"By continuing to sacrifice our public lands and approve enormous fossil fuel projects, President Biden is poisoning communities and throwing his so-called 'climate presidency' out the window," she asserted. "Biden must immediately cancel these lease sales and reverse our rapid descent into irreparable climate catastrophe."