The Forest Roads CampaignIs it working? Are we winning? What’s next?

Dave TennyPresident and CEONational Alliance of Forest Owners

The Forest Roads Campaign

Membership• 70 members• 80 Million Acres• 47 States

National Alliance of Forest Owners

NAFO is dedicated to protecting and enhancing the economic and environmental value of privately owned forests through targeted policy advocacy at the national level.

The Forest Roads Campaign

The Forest Roads Campaign

NEDC v. Brown (9th Circuit Court of Appeals)

Policy: Forest roads used for timber harvest are point sources and must receive industrial discharge permits under the Clean Water Act the same as confined industrial polluters.

Result: Working forests move from being a Clean Water Act solution to a Clean Water Act problem.

The Forest Roads Campaign

$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 and Northeast (permit cost only)

New litigation exposure – CWA citizen suits

9th Circuit Decision Economic Impacts

The Forest Roads Campaign

Courts – Supreme Court reviews 9th Circuit Decision

Congress – Enact legislation codifying EPA’s silviculture regulations

Forest Roads Campaign Objectives

The Forest Roads Campaign

Forest Roads 2012 Campaign Target States

Target States

The Forest Roads Campaign

Forest Roads Campaign 2011: Oregon

Direct Advocacy Begins

Legislation Introduced/Field

Campaign Begins

Kitzhaber seeks Supreme Court

reviewImpact

May 2011

Advocacy begins with Sen. Wyden and Rep. Schrader on legislation and Gov. Kitzhaber on Supreme Court petition.

July 14, 2011

Earned media and grass tops efforts begin. Sen. Wyden and Rep. Schrader introduce bipartisan legislation.

“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. That's 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.”

July 25, 2011

Governor Kitzhaber announces he will seek Supreme Court review of 9th Circuit Decision

Support from political leaders in Oregon helps to advance the issue in Congress and Administration..

The Forest Roads Campaign

Begich (AK)

Hagan (NC)

Klobuchar MN)

Kohl (WI)

Landrieu (LA)

Senate Democrats Cosponsoring S. 1369 (H.R. 2451)

Manchin (WV)

McCaskill (MO)

Pryor (AR)

Shaheen (NH)

Wyden (OR)

The Forest Roads Campaign

The Forest Roads Campaign

Association of Fish and Wildlife Agencies

Association of Water Pollution Control Agencies

National Association of Conservation Districts

National Association of State Departments of Agriculture

National Association of State Foresters

Who Supports S. 1369 and H.R. 2451?

Boone & Crockett ClubCampfire Club of AmericaCongressional Sportsman’s FoundationDucks UnlimitedNational Wild Turkey FederationNorth American Bear FoundationNorth American Grouse PartnershipQuality Deer Management AssociationRocky Mountain Elk FoundationRuffed Grouse SocietySafari Club InternationalUnited States Sportsman’s AllianceWhitetails UnlimitedWildlife Management InstituteWild Sheep Foundation

The Forest Roads Campaign

Interior Appropriations – Language of S1369

included in 2011 Omnibus Appropriations Bill.

Supreme Court – Reviewing 9th Circuit Ruling.

Forest Roads Campaign Results

The Forest Roads Campaign

States Joining Supreme Court Briefs

Joined Brief

The Forest Roads Campaign

NGA/NACoSAF/NASF/AcademicsOR/ID CountiesRuffed GrouseNFIBUSCOCNAHB

Supporting Briefs

NAHBMT States Legal FoundationNAFOLaw ProfessorsAFBFAFRCPacific Legal Foundation

The Forest Roads Campaign

Narrow Supreme Court Decision – Ninth Circuit again declares roads as point sources

Further Litigation – over EPA’s final rule/further

application of stormwater rules

Further EPA Rulemaking – regulating some roads as point sources under stormwater rules

Ongoing Threats

The Forest Roads Campaign

Legislation in Lame Duck Session – Seek permanent legislation following the election

Supreme Court Oral Argument – Convince the Court to declare forest roads are nonpoint sources

Response to Supreme Court Ruling (if needed)

What’s Next

BSU 35 – UGA 21

The Forest Roads Campaign

The Forest Roads Campaign

Thank Youwww.nafoalliance.org