Click amount to donate direct to CounterPunch
  • $25
  • $50
  • $100
  • $500
  • $other
  • use PayPal
Support Our Annual Fund Drive! We only shake you down once a year, but when we do we really mean it. It costs a lot to keep the site afloat, and our growing audience, well over TWO million unique viewers a month, eats up a lot of bandwidth — and bandwidth isn’t free. We aren’t supported by corporate donors, advertisers or big foundations. We survive solely on your support.
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:

2016 Fund Drive
Smart. Fierce. Uncompromised. Support CounterPunch Now!

  • cp-store
  • donate paypal

CounterPunch Magazine

minimag-edit

September 28, 2016
Eric Draitser
Stop Trump! Stop Clinton!! Stop the Madness (and Let Me Get Off)!
Ted Rall
The Thrilla at Hofstra: How Trump Won the Debate
Robert Fisk
Cliché and Banality at the Debates: Trump and Clinton on the Middle East
Patrick Cockburn
Cracks in the Kingdom: Saudi Arabia Rocked by Financial Strains
Lowell Flanders
Donald Trump, Islamophobia and Immigrants
Shane Burley
Defining the Alt Right and the New American Fascism
Jan Oberg
Ukraine as the Border of NATO Expansion
Ramzy Baroud
Ban Ki-Moon’s Legacy in Palestine: Failure in Words and Deeds
David Swanson
How We Could End the Permanent War State
Sam Husseini
Debate Night’s Biggest Lie Was Told by Lester Holt
Laura Carlsen
Ayotzinapa’s Message to the World: Organize!
Binoy Kampmark
The Triumph of Momentum: Re-Electing Jeremy Corbyn
David Macaray
When the Saints Go Marching In
Seth Oelbaum
All Black Lives Will Never Matter for Clinton and Trump
Adam Parsons
Standing in Solidarity for a Humanity Without Borders
Cesar Chelala
The Trump Bubble
September 27, 2016
Louisa Willcox
The Tribal Fight for Nature: From the Grizzly to the Black Snake of the Dakota Pipeline
Paul Street
The Roots are in the System: Charlotte and Beyond
Jeffrey St. Clair
Idiot Winds at Hofstra: Notes on the Not-So-Great Debate
Mark Harris
Clinton, Trump, and the Death of Idealism
Mike Whitney
Putin Ups the Ante: Ceasefire Sabotage Triggers Major Offensive in Aleppo
Anthony DiMaggio
The Debates as Democratic Façade: Voter “Rationality” in American Elections
Binoy Kampmark
Punishing the Punished: the Torments of Chelsea Manning
Paul Buhle
Why “Snowden” is Important (or How Kafka Foresaw the Juggernaut State)
Jack Rasmus
Hillary’s Ghosts
Brian Cloughley
Billions Down the Afghan Drain
Lawrence Davidson
True Believers and the U.S. Election
Matt Peppe
Taking a Knee: Resisting Enforced Patriotism
James McEnteer
Eugene, Oregon and the Rising Cost of Cool
Norman Pollack
The Great Debate: Proto-Fascism vs. the Real Thing
Michael Winship
The Tracks of John Boehner’s Tears
John Steppling
Fear Level Trump
Lawrence Wittner
Where Is That Wasteful Government Spending?
James Russell
Beyond Debate: Interview Styles of the Rich and Famous
September 26, 2016
Diana Johnstone
The Hillary Clinton Presidency has Already Begun as Lame Ducks Promote Her War
Gary Leupp
Hillary Clinton’s Campaign Against Russia
Dave Lindorff
Parking While Black: When Police Shoot as First Resort
Robert Crawford
The Political Rhetoric of Perpetual War
Howard Lisnoff
The Case of One Homeless Person
Michael Howard
The New York Times Endorses Hillary, Scorns the World
Russell Mokhiber
Wells Fargo and the Library of Congress’ National Book Festival
Chad Nelson
The Crime of Going Vegan: the Latest Attack on Angela Davis
Colin Todhunter
A System of Food Production for Human Need, Not Corporate Greed
Brian Cloughley
The United States Wants to Put Russia in a Corner
Guillermo R. Gil
The Clevenger Effect: Exposing Racism in Pro Sports
FacebookTwitterGoogle+RedditEmail
[i]
[i]
[i]
[i]