FacebookTwitterGoogle+RedditEmail

Environmentalists Out on a Limb

by ERICA ROSENBERG

There’s nothing wrong with a group of people historically at odds sitting down to find common ground. Or is there?

For decades, our public lands have been a battleground: Timber, wildlife, recreation, wilderness — which interests and uses should dominate? But now, “collaboration” is all the rage. In collaboration, diverse stakeholders (as they invariably tag themselves) — environmentalists, developers, off-roaders, timber companies, county officials — hash out an agreement on how to manage their local public lands and then submit it to Congress for approval.

A few deals already have been enacted, and another half a dozen are in the works across the U.S. Collaboration has been touted as the solution to “gridlock” on our national forests. Timber companies and their allies gripe that the normal process — extensive analysis, citizen involvement and the right to challenge agency decisions — has ground all “management activity” (read: logging) to a halt. Western counties surrounded by public land argue that they need room to expand. Others believe lands worthy of protection are still threatened. The new paradigm means everyone sits down with their adversaries.

But these collaborations are troublesome, particularly for environmentalists, who risk undermining their mission as well as the very laws that are the basis of their power, effectiveness and legitimacy.

For example, a bill poised for introduction in Congress would turn into law an agreement reached by one collaborative group on how to manage Montana’s 3.3-million-acre Beaverhead-Deerlodge National Forest. The stakeholders — Montana Wilderness Assn., National Wildlife Federation, Trout Unlimited and timber companies — had one thing in common: They hated the management plan proposed by the Forest Service. So they came up with their own plan specifying which areas can be logged, which can be opened up to off-roaders and which should be recommended to Congress for wilderness designation.

Sounds reasonable enough. So what’s wrong? To start, as owners of the public lands, all Americans have a stake in their management, and they have not designated these representatives. Even the most inclusive collaboration can go bad: Outliers who pose a threat to consensus are either not invited or made to feel unwelcome. And ultimately, decisions are being made behind closed doors. But Congress loves a done deal. With a local sponsor, Congress is inclined to rubber-stamp these initiatives, overlooking the fact that they are an end-run around the suite of laws that safeguard public lands and keep land-management decisions an open process.

The Beaverhead bill, for example, triples the acreage where logging can take place from what was in the Forest Service’s plan. It requires an environmental analysis only for individual logging projects rather than the plan as a whole, thereby waiving the bedrock U.S. environmental law, the National Environmental Policy Act. It also allows logging in roadless areas — a radical departure from the Roadless Area Conservation Rule that environmentalists championed during the Clinton era. Other deals have sold off vast acreage of public lands in exchange for wilderness designations.

The collaboration prototype — the 1998 Quincy Library Group legislation — illustrates the problem. That group, named for the California town library where it met, came up with a plan for three national forests in the Sierra affected by endangered-species listings. The proposal increased logging while protecting pristine areas. When it landed in Congress, California Rep. George Miller insisted on adding one provision: All environmental laws would apply. That meant the Quincy Library logging plan had to go through the same environmental analysis a Forest Service plan would.

The Quincy Library proposal, held up at the time as a model of local, consensus-based decision-making, has never been fully implemented. Why? Primarily because it didn’t jibe with Endangered Species Act guidelines protecting the California spotted owl. In other words, it did not pass scientific or legal muster.

That environmentalist “stakeholders” signed on to the Quincy Library agreement in the first place highlights the danger of the collaboration fad. After years of being tarred as obstructionist ideologues, some environmental groups now have a seat at the negotiating table — indeed, are seen as crucial to legitimizing any deal. Enjoying their newfound popularity, these self-appointed decision-makers become heavily invested in reaching an accord, regardless of the science, the law or the long-term effect on the land.

For decades, environmentalists fought to get a more level playing field and establish transparency and accountability in public-lands policy; they continue to fight the Bush administration’s relentless efforts to dismantle these policies. How ironic it would be, then, if in their eagerness to embrace the new paradigm, they craft and push through Congress deals that undercut the very laws that got them to the table in the first place.

ERICA ROSENBERG directs the program on public policy at Arizona State University’s law school and served as counsel to the House Resources Committee from 1999-2004. Rosenberg is also a board member of the Western Land Exchange Project.

 

 

 

More articles by:
June 27, 2016
Robin Hahnel
Brexit: Establishment Freak Out
James Bradley
Omar’s Motive
Gregory Wilpert – Michael Hudson
How Western Military Interventions Shaped the Brexit Vote
Leonard Peltier
41 Years Since Jumping Bull (But 500 Years of Trauma)
Rev. William Alberts
Orlando: the Latest Victim of Radicalizing American Imperialism
Patrick Cockburn
Brexiteers Have Much in Common With Arab Spring Protesters
Franklin Lamb
How 100 Syrians, 200 Russians and 11 Dogs Out-Witted ISIS and Saved Palmyra
John Grant
Omar Mateen: The Answers are All Around Us
Dean Baker
In the Wake of Brexit Will the EU Finally Turn Away From Austerity?
Ralph Nader
The IRS and the Self-Minimization of Congressman Jason Chaffetz
Johan Galtung
Goodbye UK, Goodbye Great Britain: What Next?
Martha Pskowski
Detained in Dilley: Deportation and Asylum in Texas
Binoy Kampmark
Headaches of Empire: Brexit’s Effect on the United States
Dave Lindorff
Honest Election System Needed to Defeat Ruling Elite
Louisa Willcox
Delisting Grizzly Bears to Save the Endangered Species Act?
Jason Holland
The Tragedy of Nothing
Jeffrey St. Clair
Revolution Reconsidered: a Fragment (Guest Starring Bernard Sanders in the Role of Robespierre)
Weekend Edition
June 24, 2016
Friday - Sunday
John Pilger
A Blow for Peace and Democracy: Why the British Said No to Europe
Pepe Escobar
Goodbye to All That: Why the UK Left the EU
Michael Hudson
Revolts of the Debtors: From Socrates to Ibn Khaldun
Andrew Levine
Summer Spectaculars: Prelude to a Tea Party?
Kshama Sawant
Beyond Bernie: Still Not With Her
Mike Whitney
¡Basta Ya, Brussels! British Voters Reject EU Corporate Slavestate
Tariq Ali
Panic in the House: Brexit as Revolt Against the Political Establishment
Paul Street
Miranda, Obama, and Hamilton: an Orwellian Ménage à Trois for the Neoliberal Age
Ellen Brown
The War on Weed is Winding Down, But Will Monsanto Emerge the Winner?
Gary Leupp
Why God Created the Two-Party System
Conn Hallinan
Brexit Vote: a Very British Affair (But Spain May Rock the Continent)
Ruth Fowler
England, My England
Jeffrey St. Clair
Lines Written on the Occasion of Bernie Sanders’ Announcement of His Intention to Vote for Hillary Clinton
Norman Pollack
Fissures in World Capitalism: the British Vote
Paul Bentley
Mercenary Logic: 12 Dead in Kabul
Binoy Kampmark
Parting Is Such Sweet Joy: Brexit Prevails!
Elliot Sperber
Show Me Your Papers: Supreme Court Legalizes Arbitrary Searches
Jan Oberg
The Brexit Shock: Now It’s All Up in the Air
Nauman Sadiq
Brexit: a Victory for Britain’s Working Class
Brian Cloughley
Murder by Drone: Killing Taxi Drivers in the Name of Freedom
Ramzy Baroud
How Israel Uses Water as a Weapon of War
Brad Evans – Henry Giroux
The Violence of Forgetting
Ben Debney
Homophobia and the Conservative Victim Complex
Margaret Kimberley
The Orlando Massacre and US Foreign Policy
David Rosen
Americans Work Too Long for Too Little
Murray Dobbin
Do We Really Want a War With Russia?
Kathy Kelly
What’s at Stake
Louis Yako
I Have Nothing “Newsworthy” to Report this Week
FacebookTwitterGoogle+RedditEmail